Once we have sent out letters of notification, collected relevant evidence, established who is responsible for your injuries, and figured out how much your claim should be worth, we’re ready to write a demand letter. This is the letter we send to an insurance company in which we make an argument that you should receive monetary compensation for your injuries.
The information in a demand letter includes:
- The injuries you sustained and where you stand now in your recovery process
- Whom you are alleging is responsible for your injuries
- Kind of medical treatment you received and the total “specials” (costs) associated with it
- How much income you lost as a result of the accident
- What non-economic damages you endured because of an accident (such as the extent of your pain and suffering)
- A request for the total amount of money that we believe you are due
- What kind of future damages you suffer from
More specifically, our demand letter has to include a description of what led to the accident and why we are asserting that the insurance company’s policyholder is the one responsible. This means stating where the accident occurred and what you were doing when it did. We will also cite any evidence we have that supports our allegations. This might include statements from eyewitnesses or copies of police reports. It’s also important that we assert that in no way were you to blame for the accident concerned, even if you are worried that you might be. As noted above, insurance companies will seek to reduce the amount of compensation they offer you by the same amount to which they believe you to be responsible for your injuries. It’s not our job to make their job easier.
When listing the extent of your injuries and any associated treatments, we won’t hold back in describing your situation. We will talk about the pain you have endured because of the accident, the way it has impacted your activities of daily living, and how challenging the recovery process has been for you. We will also describe any permanent physical disability or disfigurement related to the accident and use medical language specific to your injuries. When listing medical expenses, we will be sure to include the records from each of your medical provider from whom you received treatment as well as the total cost associated with each.
With your demand letter, we may also include a letter from your boss that confirms the number of hours and the total income you have lost due to your accident. Other existing unusual losses for which an insurance company may be liable (such as any humiliation or inconvenience you endured because of an accident) will also be mentioned. Whatever the total amount of damages we believe that you are due we will multiply this figure by a factor of 1.75 or 2 and then cite the resulting number as the lump sum you are demanding. This will give us room to maneuver when it comes to the next stage of the personal injury claim process: negotiations.