when writing a demand letter for personal injury should i threaten the other party with a lawyer

The general rule is that you do not need a lawyer to write a personal injury demand letter in a small and easy case. But, if your case is more complicated or involves larger damages, you probably need a lawyer. An insurance company is not going to take an unrepresented person seriously if that person is asking for a lot of money.

Full Answer

Do I need a lawyer to write a personal injury demand letter?

Whether you need a lawyer to write a demand letter in a personal injury case depends on the type of case that you have, and the size of the case (what's at stake, in other words). The general rule is that you do not need a lawyer to write a personal injury demand letter in a small and easy case.

Can I write a demand letter for liability for an accident?

(Learn more about negligence and liability for an accident .) Even if you believe you might have been partly at fault for the accident, do not admit that in your demand letter.

What should I include in a demand letter for damages?

If you suffered extra or unusual discomforts, embarrassments, inconvenience, or losses as a result of your injuries, mention them in your demand letter. In the last paragraph of your letter, demand a specific sum of money as total compensation for your pain, suffering, lost income, and other losses (collectively, these are your " damages ").

What is a demand letter in an insurance claim?

The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning: what your injuries were and are.

How do you write an effective personal injury letter for demand?

How Do You Write a Demand Letter?DON'T Write War and Peace.DO Highlight Unique Facts About Your Case.DON'T Send the Demand by Certified Mail.DO Differentiate Your Case.DON'T Make a Specific Settlement Demand.DO Demand Policy Limits.DON'T Go Over-the-Top.DO Make Clear the Case Will Not Settle Unless…More items...

Can someone ignore a demand letter?

Never ignore a demand letter. If you receive one, contact your attorney immediately. Some people think if they don't respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court.

How do you write a letter threatening legal action?

Frequently Asked Questions (FAQ)Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand.Make and keep copies.More items...

Are demand letters effective?

Bottom line: you should generally not expect a demand letter to yield a quick and effective resolution, except in the rarest of cases where the stars align (enormous damages, clear liability, and reasonable defendant and opposing counsel on the other side).

What happens when someone doesnt respond to a demand letter?

The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.

What comes after a letter of demand?

If the debtor does not comply with the letter of demand, summons will be issued and the debtor must defend the summons or a judgment will be given against them.

Should legal action threaten?

Under these conditions, threatening to sue or press criminal charges is illegal if the intent is to harass, annoy, alarm, abuse, torment, or embarrass someone else. Charges for blackmail and extortion can also be filed if one's behavior meets the requirements for those crimes.

How much does a letter of demand cost?

A letter of demand issued by a solicitor to a debtor can often result in prompt payment of outstanding debts. This can be a cost-effective means of recovering money. At Bartier Perry we offer an online letter of demand service for just $55.

How do you write a demand letter for negligence?

Your sample demand letter should include the following important information about your claim:Your injuries and how much pain you endured during accident and through your entire course of treatment.Why the business is legally responsible.Your medical treatment history and costs.More items...

How long does it take to get a response from a demand letter?

Once you've written your demand letter and sent it on to the insurance company, the response time may vary. Typically, you can expect an answer within a few weeks. However, sometimes this process can take as long as a few months.

Can I write a demand letter myself?

A demand payment letter puts an individual or company on notice that you're considering legal action against them. Most people hire a lawyer to write their demand letters, but you can write it yourself.

Can a letter of demand be emailed?

In a groundbreaking order, the Gauteng High Court, Pretoria, has accepted the digitally registered delivery of a Section 129 final letter of demand for payment as the basis for granting a default judgment.

What to Emphasize in Your Demand Letter

Before beginning to write your demand letter, review your notes from the days and weeks following the accident to remind yourself of the details --...

Attach Supporting Documents

Along with your demand letter, send the insurance company copies of documents, records, letters, bills or other writings supporting the things you...

More Help With Demand Letters

Your demand letter is the most important part of obtaining a fair settlement for your accident injuries, so it pays to write it well. For help tail...

What is a Personal Injury Demand Letter?

A personal injury demand letter is the starting point for settlement negotiations in a personal injury claim. It essentially lets the other party know that you are seeking damages for the injury or injuries that resulted from their negligent actions.

How Do You Start a Demand Letter?

The top of your demand letter must explain the relationships between the parties and their identities. It should include your name, address, and the date of writing or sending the letter.

How Much Should I Ask for in a Demand Letter?

Always speak to an experienced attorney before you demand or settle for a specific amount in a settlement. Generally, you should ask between 75% to 100% higher than you would actually be satisfied with. For example, if you think your claim is worth $3,000-$4,000, you should first ask for $6,000-$8,000.

How Long After a Personal Injury Demand Letter Does the Settlement Take?

The time it takes to achieve a personal injury settlement varies from case to case, as it depends on a variety of factors. Many times, it is simply up to the insurance company involved and how complicated your case is.

Get Help With Your Personal Injury Demand Letter

The Shreveport personal injury attorneys at Gordon & Gordon Law Firm have helped their clients in writing many successful demand letters. They have many years of experience in building strong cases, all which start with a powerful demand letter.

Outlines the Strongest Arguments Supporting Your Injury Claim

After talking with you about your case and gathering a paper trail of all the evidence that supports your case, your attorney sums it all up in your demand letter.

Start with the Highest Amount You Can Get for Your Injury Claim

Remember, this is a negotiation process. The defending party will almost always cite their own reasons as to why the amount your lawyer requests is too high. And if you start off with a lowball offer, they’ll try to whittle that down too.

Include Supporting Documents

Your demand letter will include the paper trail of evidence that supports your claim.

Should You Write Your Own Personal Injury Demand Letter?

In most cases, no. A personal injury lawyer knows the law and how to win in negotiations. You can spend lots of time researching the law, time you probably don’t have. And you’ll miss out on certain sections of law you’re not aware of. Plus, the insurance company gets excited because they know you don’t know the law as well as they do.

What Goes into a Demand Letter?

A demand letter is meant to inform the liable party, like an insurance company, that you are taking legal action to pursue compensation for your damages. In an injury claim, this typically means compensation for your medical bills, pain and suffering, lost wages, damage to property, and more.

Who Writes the Demand Letter?

Typically, a demand letter is written by an attorney representing you during your injury claim. The reason for this is because an attorney understands how to lay out the basic facts of a claim and outline the demands for the type of compensation in a particular case.

What Happens After the Demand Letter is Sent?

After your attorney writes your demand letter and sends it to the appropriate party, there is typically a waiting period until you receive a reply from the insurer. That reply could go one of several ways.

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1. Give details about the injury

All details surrounding the injury (s) in question should be provided. If treatment was received for the injuries the treatments and any future treatments that may be needed for each injury.

2. Negotiate a settlement

Advise that there is an opportunity for the individual or legally responsible insurance agency to settle for a set monetary amount. Ensure the amount listed is itemized with all expenses incurred and any future financial needs.

3. Further Action

The Personal Injury Demand Letter should be sent via certified mail or in a form that will provide evidence it has been received.

What to send with a demand letter for medical bills?

Along with your demand letter, you should also send documentary proof of your lost earnings ( copies of some recent paystubs and/or a letter from your employer) and copies of all of your medical records and bills relating to your treatment from the injury . It is also a good idea to make a spreadsheet of your medical treatment and bills.

How to explain why a defendant is negligent?

With respect to damages, you need to provide the following information: your employment situation, including employer's name and current earnings. what physically happened to your body during the accident/collision/fall.

How many sentences should you use to explain liability?

You should spend not more than a paragraph or two explaining the liability. If liability is very straightforward, you can address liability in about two sentences. If, for example, the defendant ran a red light and crashed into you, you would say something like, "This case involves a collision at Main and Market Sts.

How much money do you have to pay to settle a personal injury case?

More likely than not, if you do not have a lawyer, you are going to have difficulty getting an insurer to pay you more than about $20,000 to $25,000 to settle a personal injury case, unless you are willing to take very short money to settle the case. If, for example, you are willing to accept $50,000 to settle a $200,000 car accident case, most insurers would probably agree to that. But insurers will rarely pay that much money to an unrepresented person to settle a case if the unrepresented person is looking for top dollar.

How much does a small case cost?

The key question is: What is a small case? More likely than not, if you do not have a lawyer, you are going to have difficulty getting an insurer to pay you more than about $20,000 to $25,000 to settle a personal injury case, unless you are willing to take very short money to settle the case.

Can an insurance company take an unrepresented person seriously?

An insurance company is not going to take an unrepresented person seriously if that person is asking for a lot of money. Nor will an insurer pay a lot of attention to someone who is making a demand in a case where liability is not at all obvious.

Can you get workers compensation without a lawyer?

In fact, they prefer dealing with people without lawyers in worker's compensation cases. But, be careful. Although the insurers will be glad to discuss settlement with you, it is very unlikely that they will be willing to pay anywhere close to top dollar to an unrepresented person.