A demand letter is a common part of the personal injury claim process. It is a letter given to the at-fault party or their insurer providing facts about the injured person’s claim and demanding damages.
Demand letters also include a notice that the accident victim plans to take legal action if their request for settlement is not granted. These letters are most often drafted by personal injury attorneys, but injured parties can also write their own if they are unrepresented.
How to Write a Demand Letter
Demand letters are used as a way to communicate the damage you’ve suffered, the settlement terms you are expecting, and your intentions to pursue legal action if necessary. There is no required format, but there are certain elements that are often included. The beginning of your letter should include introductory information.
Heading
While this section is more of a stylistic choice or formality, it is important that your letter be taken seriously by the insurance company. A header goes a long way toward setting the right tone. Include your name and contact information, as well as the information for the person or entity to whom you are sending the letter.
Other elements to consider including in the header:
- Names of parties to the case
- Date of the accident
- At-fault party’s policy and claim number
Summary of the Accident
Your demand letter should include a summary of the parties, including yourself and the at-fault party. Details like your occupation, education, age, and family members are helpful to show how the accident has and will affect your life. You will also need to include a general description of the accident that caused your injuries without including anything that might be seen as an admission of fault.
Main Sections of a Personal Injury Demand Letter
Three of the most important sections of your letter are the parts in which you describe your injuries, the legal analysis, and the demand. These parts are crucial and should include details like:
- What your injuries are
- The treatments you’ve received and will need to receive
- The way your injuries have affected your life at home and work
- What activities you can no longer do
- What help you’ve been receiving from aids, friends, or family members
- Why you are entitled to a settlement
- Explanation of the other party’s fault
- Statement on the financial losses you’ve suffered with documentation to support it
- Discussion of non-economic damages you are entitled to
Demand letters are complicated and important to your personal injury case, so having a firm grasp of the concepts and purpose is crucial. For example, in April 2024 the State of Georgia enacted changes to O.C.G.A. § 9-11-67.1 to create different obligations amongst the parties settling auto accident cases. These changes can have massive implications to the settlement of your case. Thus, it is essential to seek counsel from a vetted and experienced personal injury attorney.
Experienced Atlanta Personal Injury Attorney
If you need assistance writing to the insurance company to detail your losses and pain and suffering, a letter like this can be written by your attorney. Contact the personal injury attorneys at Flanagan Law and let them take these legal tasks off your hands. Schedule your free consultation with us today.
