What Is a Demand Letter?

Injury Attorneys | Restoring LivesTM

September 19, 2016 | Legal Process |

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Demand letters are often drafted by a lawyer, and they demand restitution for a wrong, correction of a problem, or the performance of an obligation. They could result in a settlement of your case without ever needing to go to court.

In a personal injury case, the purpose of a demand letter is to present the facts about the case to your insurance company to persuade them to provide compensation for your injury.

Contents of a Demand Letter

Generally, demand letters consist of three major components: relevant facts, a list of damages, and a statement of fault.

Relevant Facts

The demand letter is a place for you to tell your side of the story, including all facts relevant to the accident. Keep things simple: Don’t use hyperbole or emotional language.

List of Damages

Include an itemized list of damages, including medical expenses, lost wages, pain and suffering, and any other damages or losses you have suffered because of your injuries.

Statement of Fault

Explain why the accident was due to the other party’s negligence. Back up your statement with any evidence you have collected, such as photographs, medical records, and police reports.

What Happens Next

After you send a demand letter to the insurance company, one of the following scenarios will take place:

  • The insurance company accepts your demand and settles your case
  • You receive a counteroffer from the insurance company
  • The insurance company denies your claim

Get Help from a Lawyer

A qualified attorney can help you with drafting, writing, and sending a demand letter. Letters written by lawyers are taken more seriously, and if the insurance company doesn’t cooperate and you have to take your case to court, you will want legal counsel on your side.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured as a result of another person’s negligence, you are urged to contact the Indianapolis Personal Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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