One of the most intimidating parts of the legal process in a personal injury case is demanding compensation to recover for the harm you suffered. Thatโs why many injured claimants simply take what they can get from insurance companies instead of pursuing everything they may be entitled to receive.
If youโve been injured due to the negligence of another person or business, itโs important to seek compensation to address your injuries. As you attempt to settle your injury claim, youโll likely need to start by writing a demand letter.
A personal injury demand letter explains the extent of your injuries, why someone else is responsible for your injuries, your medical treatments, your lost wages, and other damages. At the end of the demand letter, you demand a specific sum of compensation.
Hereโs how to write a demand letter for a personal injury claim that properly represents your interests.
What should you include in a demand letter?
A demand letter should be persuasive and concise. Here are some of the most important details you need to include in a settlement demand letter:
Fault
First, youโll need to allege that someone elseโs actions caused your injuries. That is, youโll need to clearly assert that if the offending person or business hadnโt done the action that caused your injury, you wouldnโt have suffered harm.
You can assert fault by detailing what you were doing right before the accident and how the accident occurred. You can rely on the statements of witnesses and the accident report to support your claim.
Negligence
To prevail in a personal injury claim, youโll need to prove negligence. Specifically, youโll need to demonstrate that the person who caused your injuries failed to exercise reasonable care in their situation.
To establish this, youโll need to explain how your actions did not contribute to your injuries whatsoever and that fault rests entirely with the other party.
Injuries and medical attention
You canโt recover compensation without showing the extent of your injuries. Plus, youโll need to show that you took reasonable measures to seek treatment and what your injuries and treatment cost you.
You can illustrate your injuries and treatment by providing photos of your injuries, medical records, and receipts from visits with your medical provider.
Lost income
An important part of any demand letter is the section detailing lost wages. If you missed work as a result of your injuries, clearly indicate the number of days, weeks, or months you were out of work as well as what that time cost you. This can significantly impact your recovery amount.
Total damages
At the end of the demand letter, spell out the total sum of your damages. Add all of the above figures along with any pain, suffering, or other inconveniences. Leave no questions about the relief you are asking for in your claim.
What you should do next if youโve been injured
If you or a loved one were injured due to the carelessness of someone else, weโre here to help. We can help you write an effective personal injury demand letter and take the matter further if the other side doesnโt agree.
Call Hunter & Everage now for a free consultation with our experienced personal injury lawyers.