WRITE AN EFFECTIVE SETTLEMENT DEMAND LETTER | PERSONAL INJURY DEMAND LETTERS FOR LAW FIRMS

Medico Legal Request
3 min readDec 8, 2022

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SAMPLE SETTLEMENT DEMAND LETTER:

A settlement demand letter is a letter sent by the person filing a personal injury claim (or their attorney) to the party expected to cover the cost of the claim, which is usually an insurance provider. Your claim may be based on a slip and fall accident, a car accident, medical malpractice, or another type of harm. A settlement demand letter’s function is to act as a springboard for settlement discussions between the claimant and the at-fault party.

On this page, we’ll discuss how to write an effective demand letter to the insurance company in personal injury case to maximize your settlement amount.

Sample demand letter

DRAFTING AN EFFECTIVE SETTLEMENT DEMAND LETTER:

Writing an effective settlement letter increases the chance of a positive outcome in your case. A well-written settlement demand letter convinces an insurance adjuster that settling the case is better than going to court. Attorneys use demand letters to begin the negotiation process in personal injury cases.

STAY ORGANIZED AND CONCISE:

Your letter should be clear, concise, specific, and to the point. Draft an outline first, then write your letter based on your outline. In a personal injury claim, the core of your letter should focus on:

  • The date, time, and location of the accident
  • Extent of your injuries
  • Medical treatment you have already received
  • Medical treatment you expect to undergo in the future if any
  • Amount of income you have lost (or expect to lose) because of the injury
  • Extent of your pain and suffering and other non-economic damages.

Include every direct loss you can think of, such as the cost of child care you had while you were recovering.

INCLUDE RELEVANT DOCUMENT:

Documentation can strengthen your claim. Relevant documentation might include:

  • The police report for the accident
  • Medical bills
  • Eyewitness statements
  • Evidence of your past earnings (for a lost earnings claim)
  • Other relevant documentation.

Consult with your lawyer before sending any documents, because some types of documentation might damage your claim.

MAINTAIN A PROFESSIONAL TONE:

Do not use provocative or abusive language. The adjuster will reject your demands if you rant and rave about how the accident was not your fault. Instead, be precise and succinct. Describe your legal justifications for culpability. Exaggerations that are over the top damage your credibility with the insurance adjuster.

MAKE YOUR CASE STAND OUT:

Your medical records will provide the claims adjuster with the majority of the data. The claims adjuster does not need you to explain anything that may appear in your records.

Instead, pay attention to the details that don’t show up in your records. For instance, you could describe how eye injuries might force you to change careers since you are unable to see clearly enough to continue working as a machinist. Talk about the discomfort you feel when driving. Examine your doctor’s diagnosis that you will live with arthritis in your wounded hip.

Recognition: Most of the claim files that the adjuster has are for anonymous, faceless parties. The claim adjuster can connect your case to a real person if you highlight a few distinctive facts.

Pain and Suffering: You can claim damages for pain and suffering if the medical expenses exceed some amount or the injuries include:

· Loss of a body member

· Loss of sight or hearing

· Permanent and serious disfigurement

· Fracture

By highlighting a few facts regarding the ways that your injuries affected the quality of your life, you provide a basis from which to claim pain and suffering damages in eligible cases.

Download >> Sample Settlement Demand Letter

Medico Legal Request LLC experts draft settlement demand letters for personal injury attorneys with the customized formats based on your requirements.

If you have a case to be reviewed and summarized, please reach out to us at (903) 765–6073 or email us at support@medicolegalrequestllc.com

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