Before the personal injury case goes to court, it goes through a process where out-of-court settlements determine the outcome of whether a case needs to go to court or not.

One of the centerpieces of a personal injury negotiation is the demand letter which can help spell the difference between a private settlement or whether it goes to court.

Do you need a lawyer to do this for you? Well, if you want to make the most out of it, you can start talking to workers compensation lawyers to give you a good assessment of your case that could start with creating a demand letter to notify the other party that you are invoking your rights.

What is the demand letter?

This is your correspondence to the opposing party or to an insurance adjuster stating your strong arguments regarding the extent of injuries and damages, why the other party is legally responsible, showing proof of treatment costs incurred, your loss of income, and what qualifies you to such a claim.

Emphasize your demand

When you have all the supporting evidence such as reports, receipts, and records about the accident and your injuries. Make good use of the following points supported by your proofs based on personal injury law.

State the liability

Describe how the accident happened and how the other party was at fault. Briefly describe your whereabouts right before the accident and how it occurred. Support your claims with police reports or other records that you have with you.

If you have eyewitness testimonies, ask for their statements to be recorded under oath and indicate it in your letter.

Comparative negligence

In some cases, questions are raised regarding your own conduct that could have contributed to the accident even when there is clear evidence that the other party was at fault. You can counter this matter head-on and deny your involvement or any fault whatsoever and never admit to it in your demand letter.

Remember that you do not have the burden to prove comparative negligence other than state that you are a victim of the incident.

Injuries and treatment

Be firm when describing your injuries caused by the accident and the treatment process that followed. Do not hesitate to lay down and emphasize your difficulty, trauma, and mental anguish over the pain and throughout your recovery process. If your injury caused permanent damage, make sure to indicate it.

Medical and recovery expenses

Of course, it is important to lay down all expenses incurred during your medical treatment and recovery process. Support this with receipts and invoices indicating the services, medication, and care that you spent on.

Income loss and missed opportunities

During your treatment and recovery from injury and lost income due to absence from work, make sure that you indicate these as well. Make sure that you have a letter from your company or employer verifying your pay rate and the number of days you were out of work.

Settlement demand figure

Finally, when all costs and expenditures have been factored in, including losses and other costs, you can come up with your settlement figure. Start with a figure that is generally higher between 70% to 100% to allow you more room should the other party negotiate.

When in doubt regarding the salient details of your demand letter, it would be wise to talk to a personal injury law attorney.