After you sustain injuries associated with an auto accident that was another driver’s fault, you may need to take legal action in order 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. Here is what consumers should know according to our battle tested, proven Los Angeles insurance lawyers.
It is important to focus on stone-cold facts rather than hearsay, opinions, and accusations. Facts are supportable and can add advantage and integrity to a personal injury case.
The following must appear in your letter:
1. Describe why you feel the other driver is at fault. Did they run a red traffic light? Or maybe they neglected a stop sign? Whatever the violation or cause may be, please include it in the letter and be sure it is honest and true.
2. Include ALL the injuries you sustained, how you sustained them, and how they are being treated. Also, describe how the injury or wound is healing and the prescribed pain relief medication cost.
3. Mention the cost of medical bills associated with the accident, including information on lost income, work, and any other forms of income.
4. Add information about your IUM claim if you have one. This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical bills.
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:
1. Medical Expenses:The hospital can provide documents proving your injuries and the treatments that followed. You can also provide bank statements, invoices, and other forms of billing evidence that show the dollar amount associated with the 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 total amount of lost wages you incurred as a result of 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 on in the process, discuss it then 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. You should also describe how the accident itself has affected your mental health, and how all of this has caused you suffering and trauma.
Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated and could possibly make or break your compensation claim altogether. 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. 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 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 details of the car accident 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
In consequence to the described events, I suffered the following: __________________
After careful consideration of the issues involved in this claim and a review of 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.
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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 zipcode search on this website can help you find contact information for our practice areas nearest to you.