What Is a Demand Letter?

A demand letter is a document sent to a negligent party’s representatives to ask for appropriate compensation after an accident. In addition to the letter, the sender will typically supply evidence and set forth an argument proving you are entitled to damages. A strong demand letter could ensure you recover compensation quickly after an accident. Our dedicated Long Island personal injury lawyers have extensive experience in all phases of negotiation, mediation, arbitration, and litigation, and communicate with you as a demand is made that clearly explains your situation and your need for financial damages.

What Goes Into a Demand Letter

The letter itself should explain:

• The details of the accident in which you were injured
• How the liable party caused the accident through their negligent behavior
• What injuries you suffered
• How your injuries have affected your life
• How much compensation you need
• What response you want or need from the liable party and their insurer

Demand letter templates are available online, but a compelling letter does more than just follow a rote formula. One of our attorneys will make sure the insurance carrier for the at-fault and all other liable parties is made well aware of the grounds and justifications, tailored specifically to your unique circumstances, for a demand communicated on your behalf. Demand Letters typically aim to prove the claims made in the letter by submitting persuasive evidence included with the letter. This could include medical records that document your injuries, testimony from experts who support your assertions, and photos of your injuries.

What Should Be Asked for in a Demand Letter?

A Demand Letter needs to be very specific about the types of damages a claimant and their legal counsel believe in good faith, as supported by evidence, the claimant is entitled to, and how much money is sought as an appropriate settlement amount.  The insurer is less likely to view your demand letter as credible if you ask for far too much. It is therefore very important that you understand your case’s realistic financial value before such a letter is sent on your behalf. Your lawyer should be able to provide you with comprehensive guidance to help you in this regard As part of our investigation, our personal injury attorneys will assess the extent of your physical and financial losses by listening closely to your story and reviewing any documentation you bring to us. We will consider whether your losses are temporary or permanent, and we will consult with experts to assist us in quantifying your damages. Once we have evaluated your losses, we will be able to tell you, based upon our training, our extensive experience, the available relevant evidence, the applicable laws, and the results of jury verdicts and appellate court decisions,  how much money we believe should be demanded —and we will be able to back up that number with hard evidence.

For a free legal consultation, call (516) 932-0400

Who to Send Your Demand Letter To

You should send your letter to the insurance company of the party that caused your accident and all other legally liable parties. (For example, the negligent driver of a car may have caused your accident and injuries, and the owner of that car, in cases where that is a different person, would be legally liable, even though they did not actually cause the accident.)  This means we must identify the at-fault party before doing anything else. Our personal injury law firm investigates each client’s case very thoroughly. We will study all available evidence to determine who the liable party is, what specific act of negligence they committed, and how that act of negligence caused your accident. For example, say that you were injured in a car accident because another driver ran a red light. You will need to:

• Identify that other driver. If you exchanged insurance information at the scene, this might not be too difficult.
• Prove negligence: Video footage of the accident and testimony from witnesses and accident reconstructionists could establish that the crash only happened because the driver ran the light.
• Prove causation: The insurance company might try to argue that you were not injured because of this accident. Doctors and other expert witnesses could prove that you would not have been injured if the liable party had followed the law.

In this example, once the accident victim’s legal counsel has enough evidence to prove the reckless driver caused their injuries, they would send their demand letter to the company insuring them and the owner.

What Happens After a  Demand Letter is Sent?

Your demand letter should include a deadline for the recipient to follow and lay out what your next steps will be if you do not hear back from them. For example, you might direct them to agree to pay your damages within a certain number of days, or else a lawsuit will be commenced. Insurance companies respond to demand letters in one of the following ways:

• They offer a settlement. You and your lawyer will have to decide if the offer is appropriate and worth consideration. If not, the two sides could move on to negotiations.
• They offer to negotiate. Your attorney will sit down with the insurance company’s representatives to hammer out an agreement that both sides find satisfactory.
• They reject your letter. They do not agree that their client is liable and refuse to pay what you asked for.
• They do not respond. The insurer decides your letter is not worth answering, or something went wrong (e.g., your letter or their answer was lost in the mail).

If you do not get any response within the deadline, your lawyer’s first job will be to figure out why. Honest mistakes or misunderstandings are fixable. A disrespectful dismissal means that they will likely be difficult to work with, and we might have to file a lawsuit and go to trial. While the threat of a trial is an important tool in your fight for appropriate compensation, the odds of having to go through with a trial are quite small. In most cases, we recover all of the money our clients are entitled to receive through negotiations. This is because pretrial settlements are much more convenient for everyone involved. It is therefore most likely that the insurer will respond to your demand letter with a settlement offer or an offer to negotiate.

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Our Attorneys Know How to Draft and Send Strong Demand Letters

Friedman & Simon, L.L.P., has been representing personal injury clients since 1991. We understand how important the demand process is to your case and your future, as well as how and when Demand Letters should be used. We are totally dedicated to winning the best possible case outcome for you. Call now for a free consultation and let our legal team explain how we will collect all available evidence, identify the at-fault party in your case, and advocate aggressively for the money you need.

Call or text (516) 932-0400 or complete a Free Case Evaluation form