Most personal injury settlements are paid by an insurance company. For example, if you are injured in a truck accident, the trucking company’s insurer will handle and pay the claim. These cases typically start with a demand letter that is sent to the insurance company.
A demand letter explains the facts of the case and the legal reasons why the policyholder is responsible for the accident. It then makes a demand for compensation (damages). Our Long Island personal injury attorneys can work with you to draft a well-researched demand letter that is supported by both New York law and the facts of your case.
The Odierno Law Firm Accident and Injury Lawyers advocate for clients throughout Nassau and Suffolk Counties to help them get maximum compensation for their claims. We excel at writing demand letters that get results for our clients, including top-dollar settlements. Reach out to our law offices today to schedule a free initial consultation with a member of our legal team.
What Is a Personal Injury Demand Letter?
A personal injury demand letter is a formal written document that is sent to the party who may be financially responsible for an accident. In most cases, that party is an insurance company. For example, if you are hurt in a slip and fall accident at a neighbor’s house, then the demand letter would be sent to their homeowner’s insurance company.
The purpose of a demand letter is to facilitate the settlement of a personal injury case. To achieve that goal, you should frame your case in the most favorable light possible. However, it should not include any untruths or exaggerations (which could ultimately hurt your case because the insurance company won’t take it seriously).
A well-written demand letter will demonstrate to the insurance company that you have a strong case. This will help the insurance company understand the risks of taking your case to trial, including the possibility of a large jury verdict. Ideally, the letter will convey that you are willing to accept a settlement before trial.
Most personal injury cases are resolved outside of the courtroom. This is usually the best outcome for all parties, as trials are expensive, time-consuming, and stressful. A well-written demand letter sets the tone for the case and can help you get to a settlement more quickly.
Our Long Island personal injury lawyers are skilled at writing demand letters. We generally do not advise that accident victims write their own demand letters, as there are many potential pitfalls in doing so. However, if you want to handle your case on your own, read on for some tips on how to write a settlement demand letter.
What Should a Settlement Demand Letter Include?
A personal injury demand letter should include four key components:
- Information about the parties involved in the accident and their insurance companies
- A description of what happened in the accident
- A description of what occurred as a result of the accident, including the accident victim’s injuries
- A general demand for compensation
We can break this down further to help you understand each aspect of the letter and how to write it.
First, all personal injury demand letters should include the parties involved and their insurers. The at-fault party (defendant)’s insurance policy number can be listed here, if you know it. You should also include your name and contact information. All of this information should go into the letter’s header.
This information is crucial to include in a demand letter for a few reasons. As an initial matter, it provides the defendant(s) with notice of the claim and shows that you know who was at fault. It also gives any other parties the contact information for all involved parties.
If a claim has already been filed with the insurance company, then you should include the case number. Similarly, if an adjuster has been assigned to the case, you should include their name as well.
The second piece of information to include is a description of the accident. This will be the biggest part of the letter. It will explain what happened, how you were hurt, and why the defendant should be held liable.
Depending on the amount of information that you have, it can include witness statements, a police or accident report, and medical records. Ideally, you will have investigated the accident before you draft a demand letter so that you better understand the facts of the case. Even though you were in the accident, your own memory may be a bit unreliable due to the trauma.
The description part of a demand letter is the part that can be the riskiest. Attorneys and adjusters working for the insurance company will pick apart every sentence to find inaccurate statements that could damage your credibility. They will also look for any evidence that you might be partially responsible for the accident, which could reduce your recovery under New York’s comparative fault rules.
The third part of the letter should focus on your losses from the accident. This section should describe all of the ways that you suffered from the accident. It may include details about:
- Any emergency treatment that you received
- The trauma of the accident
- Any diagnoses that you received as a result of the accident, including those for both medical conditions and mental health conditions
- Medical procedures or surgeries that you needed
- The emotional distress that you experienced
- How painful and debilitating the injury was for you
- Whether you missed work to recover from your injuries
- If your ability to work in the future will be affected by your injuries
- Whether your injuries will prevent you from enjoying your life in the future
- Any need for ongoing treatment and care to fully recover
In this section of the letter, you can also include a list of any expenses or lost income that you have suffered up to the date of the letter. This can cover things like medical bills, missed paychecks, and any costs to repair or replace damaged property. You can attach copies of these bills to your letter as evidence.
It is better to be overinclusive in this part of the letter than to leave something out of it. The purpose of this section is to show all of the different ways that the accident has negatively affected your life. The best way to do that is by compiling every piece of evidence that you have to show how you have been impacted by the accident and your injuries.
The final part of the demand letter should be a demand for compensation. Deciding on a number can be tricky. If your demand is too high, then the insurance company may view it as unreasonable. This can make them dig in for a fight or respond with a similarly unreasonable counteroffer.
Conversely, if your demand is too low, the insurance company may see that as an opportunity to settle the case cheaply. The end result may be that you settle your case for far less than its true value.
You may want to avoid demanding a specific dollar amount. This can put the burden on the insurance company to make the first offer. It also avoids the problems that may arise if your losses increase after the demand letter has been sent (such as if your medical condition worsens).
Deciding on a demand number can also be hard because it is difficult to value your non-economic damages (like pain and suffering). This is where the help of an experienced Long Island personal injury lawyer can be invaluable. Your attorney can use their skill and knowledge to draft a demand letter that includes all of your losses.
Importantly, sending a demand letter does not initiate the formal legal process. Instead, it opens up the settlement negotiations. You may still have to file a lawsuit to protect your legal rights.
Should You Write Your Own Demand Letter?
Writing a demand letter might seem relatively straightforward. After all, you know what happened in your case, and you know what kind of losses you suffered. Unfortunately, there are many potential downsides associated with writing your own demand letter.
As an initial matter, the way that you describe the accident can ultimately hurt your case. If you admit to fault or include a detail that indicates that you might have done something wrong, it can sink your case. For example, if you admit that you were speeding at the time of the accident, the insurance company can use that to reduce your settlement even though the other driver t-boned your car after running a red light.
An extremely detailed description can also be problematic because any fact that you include could be challenged. If you state that there was only one car parked along the street at the time of the crash, and it turns out that there were 3 cars parked there, then the insurance company may claim that your memory is faulty. This could call into question your version of events and make it harder to get the compensation that you deserve.
The demand for compensation can also present some problems. It is difficult for the average person to know exactly how much to ask for in compensation. Without experience with personal injury cases, you probably won’t know how to value your emotional distress or pain and suffering.
You also might not be aware that you can and should wait until your treatment has finished to make sure that you get full compensation for your medical expenses. As noted above, a demand that is too high or too low can undermine your case. These are the kinds of things that you might not be aware of before you sit down to write your demand letter, leading to mistakes.
Your best option when it comes to getting full compensation for your injuries is to work with a Long Island personal injury attorney rather than trying to handle it on your own. Your lawyer will take on every aspect of the case, including writing a demand letter. They will handle all communications with the insurance company, leaving you free to focus on your recovery.
Call The Odierno Law Firm for a Free Consultation with a Long Island Personal Injury Lawyer
Writing a demand letter might seem easy, but it is full of potential pitfalls. Rather than trying to write a demand letter and negotiate a settlement yourself, you should reach out to our law offices to talk to a member of our legal team. We can take on the insurance company for you and help you get maximum compensation for your injuries.
At The Odierno Law Firm Accident and Injury Lawyers, we have written thousands of demand letters over the years, and we have recovered tens of millions of dollars on behalf of our clients. You can count on our experience to get you the best possible outcome for your claim. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, call our law offices at 631-973-6221 or fill out our online contact form.
Lee J. Odierno is the managing partner of Odienero Law’s no-fault department. Find out more about Lee on his profile page, or visit any of his social media profiles below: