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After you sustain injuries associated with an auto accident that was another driver’s fault, you may need to take legal action to receive compensation for medical expenses and suffering.
One strategy is to develop a solid letter of demand for the at-fault driver’s insurance company. A demand letter is a formally written memo that becomes the catalyst for settlement negotiation in personal injury cases. According to our battle-tested, proven Los Angeles insurance lawyers, here is what consumers should know.
Focusing on stone-cold facts rather than hearsay, opinions, and accusations is important. Facts are supportable and can add advantage and integrity to a personal injury case.
The following must appear in your letter:
Once the introduction of the letter is complete, it is time to move on to the demand section of the auto insurance company. In the demand segment of the letter, there are different sets of guidelines to follow. In this section, be sure to demand compensation for the following:
1. Medical Expenses: The hospital can provide documents proving your injuries and the following treatments. You can also provide bank statements, invoices, and other billing evidence showing the dollar amount associated with medical attention.
2. Liability: Write about how the accident happened and why the other driver was at fault. Include police reports and witness statements to back up your story. This must include getting a police report filed.
3. Lost Income: Include all information on the lost wages you incurred due to the injury. Describe how the injury affected your ability to work and make money. Include how much time you had to take off from work.
4. Comparative Negligence: Do not write about how you may have been at fault in any way. If the insurer mentions it later in the process, discuss it but never mention it in a demand letter.
5. Emotional Distress: Describe the injuries you sustained and how they have affected your mood stability, everyday life, relationships, and more. It would help if you also described how the accident affected your mental health and caused your suffering and trauma.
Demand letters are essential to begin the negotiation claim. They can be c negotiationomplicated and possibly make or break your compensation claim. Hiring a professional personal injury attorney to write this letter of demand is strongly advised for anyone involved in a personal injury auto accident case.
Call Ehline Law Firm Personal Injury attorneys near you. Please provide your contact information, and our attorneys will contact you wherever you are for car accident injury claims in California. Please explore our website for details about our practice areas and office locations. A professional personal injury attorney is on standby to give you legal advice, free case evaluation, and a review of your personal injury claim.
Identify the car accident victim’s return address and declare the date of the demand letter.
Date _________________, 20____
Next, directly address the offending vehicle owner. Then document the accident date and the demand amount.
Recognize this letter as official notice that we are demanding payment for the auto accident that occurred on _________________, 20____. The total demand amount, after calculating all direct payments along with the pain and suffering incurred as a result of the incident, is $______________.
Next, itemize all dollar amounts contributing to the total demand
The following is a breakdown of the total demand amount:
INJURIES/MEDICAL TREATMENT: $______________
OUT-OF-POCKET EXPENSES: $______________
LOST WAGES/EARNINGS: $______________
PAIN AND SUFFERING: $______________
Then, report the car accident details and produce a police report or medical records for each accident expense.
On _________________, 20____, at approximately ____:____ AM / PM, the
following accident occurred as described: ___________________________________
Directly due to the car accident, I had to sustain the following medical treatment: ______
As a result of the car accident, I was required to come up with the following out-of-pocket
After the car accident, I lost the following wages and earnings as described: _________
PAIN AND SUFFERING
As consequence to the described events, I suffered the following: __________________
After carefully considering the issues involved in this claim and reviewing the verdicts of the jury and the insurance company settlements with similar fact patterns, I believe the total demand amount represents a fair and equitable settlement amount.
Lastly, close the letter with your signature.
If you search online, you will find several results, including firms that use paid attorney advertising or attorney listings. However, the information on this website is not legal advice, does not constitute a lawyer referral service, and has formed no attorney-client relationship using the site.
Nevertheless, if you need aggressive expert lawyers to handle your settlement negotiations with insurance companies or an insurance adjuster in case of car accidents, contact Ehline Personal Injury Lawyers. Simply doing a zip code search on this website can help you find contact information for our practice areas nearest you.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.