Why a Demand Letter Matters in Your Personal Injury Case

If you or someone you know has ever been involved in an accident and suffered injuries as a result, it is important to know that a demand letter to an insurance carrier is generally the first step toward starting a case for monetary compensation. One of the best ways to think about the demand letter is to compare the document to the opening argument of a court case. A well-written demand letter will highlight the following issues:

  • The circumstances of the accident;
  • The injuries suffered by the plaintiff;
  • The damages the plaintiff experienced and will experience; and
  • The reasons why the defendant is at-fault and should be responsible.

It is common for injured victims to prefer having an attorney write the demand letter to the insurance company on their behalf. An experienced attorney is in the best position to know what to include in the demand letter and (just as important) what to leave out for the best result for your case. Below is some basic information on demand letters so that you can understand their purpose and effect.

Demand Letter Explained

A demand letter is typically the first impression that the insurance company (or adjuster) will get about the case after you have suffered injuries in a Nevada accident. A demand letter that is well-written and well-thought-out will get their attention and let them know you are serious about seeking the compensation to which you are entitled. Investing time into writing a strong demand letter will pay off because it will increase your chances of receiving compensation without needing to go to trial and increase your costs and attorneys’ fees. Even if you do end up in a trial for your personal injury case, a strong demand letter will help protect you later.

Demand Letter’s Purpose

The likelihood that settlement negotiations with the insurance company will focus on the information detailed in the demand letter is almost certain. The purpose, then, of the demand letter is to explain three important issues to the insurance company’s decision-maker — the facts of the accident, the extent of the injuries suffered, and the reasons why the defendant is at fault. While a strong demand letter does not need to be several pages long, there must be a strong argument to support the injured victim’s case. Accordingly, the demand letter should include the following:

  • When and where the accident occurred;
  • The parties involved in the incident;
  • How the incident occurred; and
  • What injuries the victim suffered.

Additionally, the letter should be accompanied by evidence such as test results that show the injuries (i.e., X-rays, MRIs, etc), photos and videos of the accident scene, and any physical injuries and property damage. A summary of the financial harm suffered (medical bills, repair costs, lost wages, loss of future wages) should also be included. Finally, an explanation of the non-economic harm suffered by the victim, such as pain and suffering or disfigurement, should be included in the overall request for payment.

Let Our Attorneys Fight for You

Suffering physical and emotional harm due to the negligence of another is a difficult experience. Let the skilled personal injury lawyers at H&P Law help you seek the compensation you deserve. Do not try to do this alone. Contact us today.

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