How to Write a Demand Letter for a Personal Injury Claim

On Behalf of | Oct 26, 2022 | Personal Injury |

One of the most intimidating parts of the legal process in a personal injury case is demanding compensation to recover for the harm you suffered. That’s why many injured claimants simply take what they can get from insurance companies instead of pursuing everything they may be entitled to receive.

If you’ve been injured due to the negligence of another person or business, it’s important to seek compensation to address your injuries. As you attempt to settle your injury claim, you’ll likely need to start by writing a demand letter.

A personal injury demand letter explains the extent of your injuries, why someone else is responsible for your injuries, your medical treatments, your lost wages, and other damages. At the end of the demand letter, you demand a specific sum of compensation.

Here’s how to write a demand letter for a personal injury claim that properly represents your interests.

What should you include in a demand letter?

A demand letter should be persuasive and concise. Here are some of the most important details you need to include in a settlement demand letter:

Fault

First, you’ll need to allege that someone else’s actions caused your injuries. That is, you’ll need to clearly assert that if the offending person or business hadn’t done the action that caused your injury, you wouldn’t have suffered harm.

You can assert fault by detailing what you were doing right before the accident and how the accident occurred. You can rely on the statements of witnesses and the accident report to support your claim.

Negligence

To prevail in a personal injury claim, you’ll need to prove negligence. Specifically, you’ll need to demonstrate that the person who caused your injuries failed to exercise reasonable care in their situation.

To establish this, you’ll need to explain how your actions did not contribute to your injuries whatsoever and that fault rests entirely with the other party.

Injuries and medical attention

You can’t recover compensation without showing the extent of your injuries. Plus, you’ll need to show that you took reasonable measures to seek treatment and what your injuries and treatment cost you.

You can illustrate your injuries and treatment by providing photos of your injuries, medical records, and receipts from visits with your medical provider.

Lost income

An important part of any demand letter is the section detailing lost wages. If you missed work as a result of your injuries, clearly indicate the number of days, weeks, or months you were out of work as well as what that time cost you. This can significantly impact your recovery amount.

Total damages

At the end of the demand letter, spell out the total sum of your damages. Add all of the above figures along with any pain, suffering, or other inconveniences. Leave no questions about the relief you are asking for in your claim.

What you should do next if you’ve been injured

If you or a loved one were injured due to the carelessness of someone else, we’re here to help. We can help you write an effective personal injury demand letter and take the matter further if the other side doesn’t agree.

Call Hunter & Everage now for a free consultation with our experienced personal injury lawyers.

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