What Should You Include In A Settlement Demand Letter?
If you suffered a severe injury in a Florida accident that was caused by another person’s negligence, you might be able to recover compensation by filing a personal injury claim against the at-fault party’s insurance company. The first step towards recovering compensation from an at-fault party’s insurance company is writing a demand letter to the insurance company. A demand letter is a formal letter you write to an insurance company after an accident, requesting compensation for your injuries and other damages. A demand letter generally explains your side of the story, the amount of damages you have suffered or foresee suffering because of your injury, and the total amount you are requesting.
Below are some crucial things to include in a demand letter:
Your Version of Accident Facts
Your demand letter should include a version of accident facts. For example, you should explain when and where your accident happened and how you think the accident occurred. It is crucial you stick to the facts when describing how you believe the accident occurred. Many of the facts you need to point out in your demand letter will be in the police report written after your accident.
Details of Your Injuries and Treatment
You should provide a detailed account of your injuries and treatment in your settlement demand letter. When describing your injuries, it is advisable that you use the terms used by doctors. Also, when describing treatment, ensure you mention both the on-site and subsequent treatment you received.
Unique Details of Your Case
Besides mentioning and providing evidence of medical expenses and lost wages, you should also include other unique details in your demand letter. For instance, perhaps you were headed to your child’s wedding when your accident happened. You should mention this in your demand letter. When a parent misses their child’s wedding, they could become emotionally distressed.
List of Damages
Your demand letter should mention all damages. Damages after a car accident can be wide-ranging. For example, you could be entitled to recover compensation for past and future medical bills, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life, among many others. It is vital that you include all the damages you believe you are entitled to be compensated for in your demand letter because it might be hard for you to add more damages after the insurance company gets your initial demand letter.
Your Demand
Finally, your demand letter wouldn’t be complete without a specification of how much you want as compensation. Usually, it is best to state a figure that is higher than what you wish to recover. This way, you create room for negotiations.
In most cases, it is recommendable to wait until you have reached a point of maximum recovery before writing a demand letter. Sometimes, when a plaintiff writes a demand letter before they reach maximum medical improvement, they end up requesting for less than what they need.
Contact Us for Legal Help
There are many more things to include in a demand letter. Fortunately, a personal injury attorney can help you write a demand letter that can ensure you recover the compensation you deserve. Our Fort Lauderdale personal injury attorneys at The Pendas Law Firm are available to help you write a demand letter to an at-fault party’s insurance company and help you recover the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Miami, Jacksonville, Tampa, Fort Myers, Ocala, Orlando, Bradenton, Daytona Beach, and West Palm Beach areas.
Resource:
law.cornell.edu/wex/pain_and_suffering
