The Power of a Demand Letter in Personal Injury Cases

document exchanging handsIf you’ve been injured due to the negligence of another party, you may be wondering what your next steps should be. One of the most important steps in the process is drafting and sending a Demand Letter. 

What is a Demand Letter?

A demand letter is a formal notice that tells the other party that you are planning to take legal action. The demand letter will list the injuries you sustained and the compensation you are seeking. It will also give the other party a deadline to respond. If they do not respond or if they do not agree to your terms, filing a lawsuit and conducting discovery is often the next step.  

Why is a Demand Letter Important?

The demand letter serves two important purposes. It gets the negotiation process started and shows that you are serious about taking legal action. 

An effective demand letter should do several things. First, it should provide a detailed account of the incident in question and the injuries that were sustained. Second, it should explain why the other party is liable for those injuries. Third, it should outline the specific amount of damages that you are seeking. And finally, it should make it clear that if you do not receive a satisfactory response, you are prepared to take further legal action, up to and including filing a personal injury lawsuit. 

What Happens After You Send Your Letter?

Once you’ve sent your letter, the insurance company will have a certain amount of time to respond. They may try to stall in the hopes that you’ll get impatient and take less money than you deserve, so it’s important to be patient but firm. If they do make you an offer, it’s likely that it will be much lower than what you asked for.

This is where negotiation comes in. If you’re not comfortable negotiating on your own behalf, you can always hire a lawyer to do it for you. 

The goal of a demand letter is to persuade the other party to take your claim seriously and offer a fair settlement. In many cases, an insurance company will choose to settle rather than risk having to go to court. However, even if the other party does not agree to settle, a well-crafted demand letter can be very helpful in building your case if you do end up having to file a lawsuit. 

If you’ve been injured due to someone else’s negligence, don’t hesitate to reach out to Wyly & Cook, PLLC, who can help you draft an effective demand letter and take the necessary steps to get the compensation you deserve.

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Wyly & Cook, PLLC

The team at Wyly & Cook, PLLC brings a diverse body of trial and litigation experience to the table, putting us in a unique position to help clients with a wide range of legal issues.

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