If you are in the midst of a personal injury case, your lawyer most likely has already written a demand letter. If not, you must prepare the demand letter as soon as possible to proceed with the case. 

A demand letter is a formal document that forms part of your personal injury claim. The letter outlines the reason for your demands and lists the evidence you have against the at-fault party. It also requests compensation for the injuries and damages you sustained in an accident. 

A demand letter comes before further legal action. When you file a claim, your demand letter will motivate the at-fault party’s insurer to compensate you. If the demand letter is unsuccessful, your lawyer can file an official court case.

In most cases, personal injury claims are settled long before there are thoughts of going to court. If you make mistakes in your demand letter, though, it can reduce your chances of getting a fair settlement outside of court. 

The following are some of the most common mistakes you must avoid. 

1. Not Including All the Relevant Facts

Your demand letter must clearly explain what happened on the day you were injured. This does not mean an hour-by-hour account of everything you did from the moment you woke up. What you need to provide is a detailed account of everything that happened before, during, and after the accident. 

Details that must be included in your demand letter include the date, time, and location. If you fall inside a store, the weather is irrelevant. But, if someone crashed into you on a rainy day, the weather conditions should be noted in your letter. This is what “relevant information” means. 

If you were involved in a car accident, you must include specific details like broken traffic lights, wet roads, and whether you have a copy of the police report.

You essentially want to include anything and everything that may have influenced or impacted the accident and your damages. You must draw a complete picture that proves your innocence and the other party’s liability. 

2. Underestimating How Important Evidence Is

You have a zero chance of winning a personal injury case without strong evidence. Your demand letter must have supporting evidence that includes:

• Photos of your injuries and damage to your personal property
• Copy of the police or incident report
• Proof of medical expenses and medical records.
• Proof of lost income (and potential loss of future earnings).

You can organize the evidence in order of importance or label it for easy reference. For instance, if you slip and fall in a retail store, you need to include the receipts for medical treatment payments. You must also explain how each medical expense relates to the accident and your injuries. 

3. Overstating or Understating

There is no room for overstating or understating the value of your claim. Your demand letter must include the precise value of your claim, which should be calculated with the following elements in mind:

• Medical bills and expenses
• Lost wages and diminished earning capacity
• Pain, suffering, and emotional distress
• Property damage

Your lawyer will likely advise against inflating your claim just to get a bigger settlement. If you do this, it will reduce the credibility of your claim. 

Conversely, if you underestimate your claim value, you will not receive a large enough payout to cover your expenses. 

That is why it is so crucial to have a lawyer create the demand letter. A personal injury lawyer will know exactly how to calculate your damages and what needs to go into the demand letter. 

4. Using Unprofessional Language

Another reason a lawyer should draw up your letter is to ensure the tone and language used is professional. You cannot use the letter to be aggressive towards the at-fault party. You cannot use it to play on emotions or directly accuse someone of causing your injuries. 

Your lawyer will never accuse someone directly using a demand letter. They will always point to the evidence and connect it to the accident. This means they will demonstrate that the at-fault party caused the accident without directly saying so. 

A demand letter must be professional to ensure a productive response from the at-fault party’s insurer. 

5. Being Unclear About Your Demand

A demand letter is exactly what the name says: a demand for compensation. You are sending a demand letter to be compensated for your losses and damages. You have to be explicit about the amount of money you need and be clear about what it will pay for. 

For example, you can break it up into several categories: 

• Medical costs: $20,000
• Lost income: $10,000
• Pain and suffering (non-economic damages): $15,000

Your total demand will then be $45,000. The breakdown of your expenses and costs helps show that your demand is reasonable and that your settlement will help cover your losses. 

Other Factors to Consider

Creating a demand letter does not automatically mean you will receive a settlement. It is the beginning of the negotiation process, which could last a long time. To keep the process from being delayed unnecessarily, you need to send it to the right person or insurer. 

If you send it to a large corporation, ensure you have the contact details of the correct department or person responsible for handling demand letters and claims. 

Do not forget to make a copy of the letter for your own records. In fact, you should have your own copy of all documents shared with the at-fault party or their insurer.

Most importantly, do not rush the letter and create it without a reputable lawyer’s help. Your lawyer will make sure all the required information is included and that your calculations are all correct. 

If you rush to send the letter, you will likely make mistakes that could weaken your claim. 

If you receive no response to your demand letter, remember to follow up after a time. Your lawyer can follow up on your behalf. 

Your Demand Letter Is the Start of the Fight for Compensation

If you get your demand letter right, you have a better chance of receiving a settlement that covers your damages. It is also the best way to present a strong case, which is required before any insurer will consider a settlement. 

Disclaimer: The information provided in this article is for general informational purposes only and should not be taken as legal advice. Laws and regulations vary by location and may change over time. Always consult with a qualified legal professional regarding your specific situation.