What is a Demand Letter?

The personal injury lawsuit process doesn’t always end in a trial or even start with the filing of a lawsuit. In many situations, personal injury cases start, and end, with a well-constructed demand letter. What is the demand letter and how does it work? Let’s take a closer look.

Demand Letters: Your Case in Brief

The demand letter is something you, usually through your attorney, send to the other side in a lawsuit. (In a personal injury case, attorneys typically send demand letters to the insurance company representing the defendant.) The letter is essentially your case presented in a succinct form. It gets into the details of your case, shows why you would win if the case went to trial, and asks for a settlement.

Demand Letters: The Facts

Demand letters typically begin with a statement of the facts. This statement is essentially a story that tells what happened during the accident. For example, in a car accident case, the statement of facts would detail who was involved, where the accident took place, as well as details from the police report or a copy of the report itself.

Demand Letters: The Injury

In personal injury cases, demand letters include extensive details about the injuries you sustained. Medical records, bills, statements from witnesses, or statements from experts can be included to show the extent of your injuries. The evidence shows the other side how much you’ve suffered, the kind of medical treatment you’ve received, as well as the impact the accident and your injuries will have on your life.

Demand Letters: Damages

The term “damages” means the financial or monetary losses you suffer as a result of the accident or the injuries you sustained. This includes any money you had to pay as a result of medical bills or treatments. For example, if you were hospitalized as a result of the accident, your damages would include all the medical bills associated with your hospitalization. Damages can also include money you spent on physical therapy, rehab, and other related expenses.
Demand Letters: Lost Wages

Being involved in an accident usually means you miss work. Not only that but also the extent of your injuries could force you to be unable to return to work in the future. All of these lost wages get included in the demand letter.

Demand Letters: The Demand

All of the pieces you include in your demand letter, all the medical details, the lost wages, and the statement of the facts, is designed to get the other side to settle the case without the necessity of having to go to trial. Your demand letter allows you to decide to show the other side the kind of evidence you have and, more importantly, the kind of evidence you can show at trial to prove your case.

So, the final piece of this presentation is the actual demand. The demand is a dollar amount, a summary of all of the harm you’ve suffered and how much the other side can pay you to settle your claim.

The demand in a well-constructed letter follows logically from the facts and the evidence presented in the previous portions of the demand letter. Experienced attorneys know this, and crafting a demand letter that produces results is as much of an art as it is a science.

Injured in a Car Wreck? Knowing What You Must do is Very Important in Winning Compensation When the Other Driver is Negligent

Have you or a loved one recently been the victim of a major car wreck? While recovering from your injuries, you will need to know how to protect your legal rights against those who were negligent. They may want to deny you fair damage compensation for the painful and expensive injuries you and your family must bear in the wake of this calamity.

Car accidents can range from a minor fender bender in a parking lot that poses few challenges when it comes to compensating you for damages and other losses. Or they can be destructive wrecks that cause major injuries, deep physical and psychological scars on the lives of the unlucky drivers and passengers, and even the possibility of long-term disability or even a violent and painful death. If the wreck is not your fault, regardless of whether it was minor or more serious, you have a legal right to seek compensation. You have the right to file a claim for financial, physical, and emotional injuries you suffered in your car crash at the hands of the neglectful driver who caused it. It is impossible to compute, or even guess the amount of compensation to which you may be entitled without the assistance of a car accident attorney because the damages you have a right to seek to depend on many variables surrounding the circumstances of your auto wreck.

This article will to explain some of the basics of auto personal injury cases and help you understand the clear need to hire an attorney experienced attorney in personal injury law if you wish to receive fair legal damages. Some of you might feel you can manage this matter on your own. If it’s just a little fender-bender and no one was injured, it’s certainly possible. If you or any of your passengers suffered moderate to serious injury, you are very wise to retain an experienced car accident attorney who knows the intricacies of Texas auto accident liability cases and the best way to handle each one. Going it alone, or with substandard legal counsel and all you’re asking for is a lot of trouble. Your opponents will be all-too-happy to give it to you.

The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Your Questions Answered From Our Attorneys

Q: What is a contingency fee?

A: At our Law Office we handle most personal injury cases on a contingency fee basis. This means that we collect attorneys’ fees only if you recover compensation for your losses and expenses. Generally, our fees will constitute a percentage of your award, which will be predetermined before we proceed with your case. If you do not receive any financial compensation, we will not bill you for our attorneys’ services.

Q: How long do I have to file suit for my injuries and damage?

A: The “statute of limitation” for bringing suit will vary depending upon the circumstances. Unless you bring a lawsuit in the proper time, you are barred from doing so. It is critical to contact an attorney for proper advice. In some cases, it may be one year, but in other cases, it may be much shorter. If a “public entity” is liable, you may need to file a “tort claim” with the public entity within a few months, or you are barred from suing the public entity. Many people are confused about what a public entity is. A public entity may include the obvious, like a state, county or city government and schools, but it may also include a utility or private companies in contract with the government.

Q. Should I provide any statements to an insurance company?

A: Without an attorney, we advise that you only provide basic information such as names and addresses. An insurance company requesting information from you may be placing its own interests above your own. The more severe the injuries and property damage resulting from an accident, the more consideration you should give to obtaining legal representation from a competent auto accident attorney.

Q: The other driver was uninsured; can I still be compensated?

A: Although state law requires that motorists prove their ability to pay for personal injury or property damage in the event of an auto accident by purchasing insurance, many drivers simply ignore this obligation. Other motorists choose to purchase the lowest amount of coverage allowed by law. These uninsured and underinsured drivers are frequently unable to cover the costs of the accidents that they are involved in; as a result, the victims of their negligence end up assuming responsibility for expenses that were not their fault. An essential part of any automobile accident investigation includes identifying and pursuing all available insurance sources, including underinsurance and uninsured motorist coverage.
Although your insurance company may be obligated to pay damages for your medical expenses and other financial hardships caused by the collision, securing fair payment is often difficult. These claims are frequently delayed, underpaid, or wrongfully denied. Contact one of our accident attorneys to learn how we can help you recover the compensation that you are legally owed.

Q: Is there a minimum personal injury settlement amount?

A: No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on a lot of factors, including:
The nature and extent of the injury;
The amount of economic damages (such as lost wages and medical bills); and,
The amount of time the injury is expected to last.
If you’re trying to put a value on a specific case, it would be a good idea to check with a lawyer near you

Q: How do I collect my personal injury award?

A: If the person against whom you have the judgment has insurance, the easiest thing to do is simply to notify the insurance company of your judgment (if they’re not already aware of it). The insurance company will usually just write a check for the damages up to the limit of the insurance policy. If the person against whom you have the judgment is uninsured, collecting won’t be as easy. You must have the judgment “entered” with the court and then seek to “enforce” the judgment. There are actually attorneys who specialize in collecting judgments, and it would be a good idea to consult with one.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288