What Is a Demand Letter?

In any personal injury claim, there often comes a point when you and your personal injury lawyer will attempt to settle with the other party. This process frequently starts with a demand letter. A demand letter is a document prepared by your attorney that outlines the facts of your claim, explains why the defendant is at fault, and specifies the amount you are willing to accept to resolve the case.

The demand letter is sent to the defendant, their insurance company, or both. It provides the case’s basic background, presents your intent to pursue legal action, and includes a settlement request. In personal injury cases, this is typically a monetary demand. However, it can also include other terms, such as car repairs or payment of medical bills.

The Components of a Demand Letter

While demand letters vary depending on the specific circumstances of your case and the attorney’s style, a well-crafted demand letter typically contains the following elements:

• Basic background information about you and your family, especially if your injuries have impacted your loved ones.
• A detailed account of how the accident occurred.
• An explanation of why the defendant is at fault and why you are entitled to compensation.
• Legal arguments relevant to your case.
• A description of how your injuries or damages have affected your life.
• An itemized list of the damages or losses you have suffered, including dollar amounts where possible.
• A summary of how these damages will continue to affect you in the future.
• A specific settlement demand to resolve the case.

Because demand letters must include a great deal of detail, they can sometimes be lengthy. However, in some cases, not all information is available at the time the letter is drafted. For example, you may still be recovering from your injuries and unable to estimate future damages. Your attorney can address this in the letter and may include an estimated dollar amount to initiate negotiations. Initial demands are often higher to allow room for negotiation.

When to Send a Demand Letter

A demand letter is often the first step in pursuing a claim and is typically sent before the legal process formally begins (i.e., before a lawsuit is filed in court). In many cases, attorneys can negotiate a settlement using the demand letter and follow-up discussions, avoiding the time and stress associated with litigation.

However, sending a demand letter is not always required. Depending on the circumstances, your attorney may advise against sending one and instead proceed directly with filing a lawsuit. This decision often depends on time constraints or strategic considerations specific to your case.

How Demand Letters Are Used

Demand letters are not solely for the defendant. They can also be used to communicate with your own insurance company. For example, if you are entitled to uninsured motorist coverage but your insurance provider denies your claim, your attorney may send a demand letter to request the coverage and outline why you are entitled to it.

Demand letters are also commonly used in business disputes to address potential legal issues before filing a lawsuit. In some cases, the recipient of the letter may not even be aware they have done anything wrong until they receive the demand letter.

Why You Need an Experienced Attorney for Your Demand Letter

While a demand letter can be a powerful tool, it requires careful crafting to avoid mistakes. A poorly written demand letter could unintentionally harm your case, such as by making admissions or offering a lower settlement than you deserve. For this reason, it is essential to have an experienced attorney draft your demand letter.

Using a generic form letter found online is risky because it may not address the unique aspects of your case. A personalized demand letter created by an attorney ensures that your legal claim is represented accurately and persuasively.

Contact Bert McDowell Injury Law for Help

If you’ve been injured in an accident in Connecticut, Bert McDowell Injury Law is here to help. With extensive experience handling personal injury cases, we can draft a demand letter tailored to your specific situation and negotiate aggressively on your behalf.

Let us provide you with the guidance and support you need. Call us today at 475-231-3274 for a FREE consultation. Don’t leave your legal claim to chance — trust the professionals at Bert McDowell Injury Law to fight for the compensation you deserve.