Car Accident Demand Letter

When you're hurt in a car accident because of someone else’s negligence, you may think to hire a personal injury lawyer. You should have already communicated with the police and talked to your car insurance company to notify them that you have been in an accident. You may have also had to seek medical attention, but it’s wise to speak to a lawyer right away, after addressing these other issues. Your lawyer can guide you through the legal process, help you calculate what compensation you may be owed, and even assist in drafting a car accident demand letter.

Once you hire an attorney, your attorney should walk you through every aspect of your opportunity to recover compensation and tell you more about what is required in order to succeed with a case in your state. There are many different rules that may influence your eligibility to recover compensation, and the sooner you hire a personal injury lawyer who is familiar with these laws, the easier it is to navigate the process and make sure you are doing everything possible to protect your right to compensation.

After an accident, many people who have serious injuries will struggle to figure out what to do with their life, how to go back to work, and how their new injuries influence their future. Recognizing the significant expenses that may be associated with an accident, like current and future medical costs, lost wages, and more, is vital for preparing a comprehensive car accident claim.

Once you meet with a personal injury attorney, like those working at Morgan & Morgan, your attorney may tell you more about the process of writing a demand letter.

What Is a Demand Letter?

In an initial consultation, your lawyer will talk with you about how the accident happened, any evidence you gathered from the scene, and who you think may be responsible. At that point, the facts of the case may be relatively clear, or your lawyer may determine that additional information is required.

Your attorney will use the information you've brought in terms of expenses already incurred and possible future expenses to identify an amount that may be possible for you to settle outside of court. In settlement conversations, the insurance company or any other at-fault parties, and you may agree to pay a lump sum amount to allow you to cover your expenses in the past, present, and future for injuries related to the accident. Your attorney will usually open this settlement negotiation process with a demand letter.

A well-drafted demand letter by an attorney, such as those working at Morgan & Morgan, will usually help open the negotiation process. It tells the insurance company more about what you might be dealing with in your recovery of compensation, helps to describe and visualize the entire accident, and therefore should be drafted by a knowledgeable personal injury attorney. Prior to drafting a demand letter, you need to have opened a claim with the other driver's insurance carrier, and you will likely need to be released from a physician's care. This means that your doctor has determined that you have likely reached the point of maximum healing.

However, many people with substantial injuries may not fully recover from their injuries and will instead reach a point known as maximum medical improvement, meaning your doctor determines that, while you are not fully healed, you have reached the full extent of how much you are able to recover. At this stage in your claim, you may be able to open a lawsuit, especially if your doctor is already able to determine your diagnosis and project your costs into the future.

Prior to sending a car accident demand letter, your attorney will need to gather all necessary information to show why you are entitled to a settlement in this accident. This includes witness statements, police reports, medical bills and records, lost wage details, and any notes you've taken about recovery from your injuries. This is why it is so important to attend any and all medical appointments to protect yourself and to ensure that you have a clear record of events.

What Facts Need to Be Relayed in a Demand Letter?

An attorney familiar with drafting a car accident demand letter will likely have a template or a basic idea of how to get the main points across. It is very important to recount the circumstances of the accident in your demand letter, since this is the basis of your claim that someone else is responsible for your injury. You need to recall the exact sequence of events that led up to the accident, including the direction that each of the drivers was going, any weather or road conditions, any defensive maneuvers you attempted to take to avoid the collision, and more.

Witness statements or police reports may also be referenced in this car accident demand letter to illustrate how the incident happened and who may be responsible. This section should also establish fault for the car accident, showing that the other driver may be held negligent or liable for the cause. If there are any citations against the other driver for violating road rules or traffic laws, this is strong evidence of liability, and you will want to name it in your car accident demand letter.

Should I Name My Medical Expenses in a Car Accident Demand Letter?

Your personal injury attorney will include numerous facts in your car accident demand letter, including your medical expenses. This includes prescription drugs, ambulance transportation, medical devices, hospital bills, and more. Even if your health insurance company has already picked up the cost of these medical bills, you should always list the full amount of the expense charged. If possible, provide copies of these medical bills.

Likewise, you may be entitled to recover compensation for lost income due to the accident. You will need to detail any time you missed from work and your income. Get wage details from your employer to verify the days of work missed and your overall income. Furthermore, if you had to use any of your vacation or sick time to take your time off, mention this as well. If you are a temporary worker or self-employed, you can talk about how your lost wage amounts were calculated. Further, you may have other miscellaneous losses associated with inconveniences or damages incurred. Your lawyer can talk to you about how this may have impacted your enjoyment of life, for example.

Conclude your demand letter with a monetary demand. This wraps up all of the circumstances of the accident, the medical expenses and treatment, lost wages, and any other expenses. This ends with a specific demand for compensation, which totals all of the various losses you have incurred. Writing a car accident demand lawyer is a very specific skill and one that most personal injury attorneys should have.

What Happens After a Demand Letter Is Sent?

Once your attorney has finished gathering information for the demand letter, this is then drafted and sent over to the insurance company. The insurance carrier or any other involved party will then review this information and May respond directly to your attorney. They may accept your demand letter, but it's far more likely that you'll have to go through some back and forth with the insurance company.

Insurance adjusters are company Representatives who are trained to minimize the company payout as much as possible. This means that it is extremely rare for them to accept a demand letter amount and move forward with a settlement from that period, but it can also be helpful for them to see the overall expenses you have already incurred and the likely future costs. When insurance adjusters are motivated to settle things outside of court, it is often because they feel uncertainty about the extent of your injuries and how much they may be responsible for paying out if a case goes forward. Your lawyer will attempt to make a very strong case from the moment they send a demand letter, so as to motivate the insurance adjuster to do everything possible to reach a settlement. Without a legal representative, insurance company adjusters may try to convince you that your injuries are not as severe as you alleged or may even try to argue that you have past injuries that cause these medical issues rather than instances from the current accident.

You don't need the additional stress of trying to worry about communicating with an insurance company adjuster and proving your case. It is far better to direct your attention to your medical treatments.

What Should I Look for in an Injury Lawyer?

You should seek out a personal injury lawyer who is familiar with writing car accident demand letters and someone who is fully capable of guiding you through the settlement negotiation process. Most lawyers will look for any and all avenues to recover compensation for you, including settlement negotiations. However, your lawyer should also be prepared to gather evidence and go to trial if and when that becomes necessary.

The attorneys at Morgan & Morgan have a strong track record and unmatched reputation across the country for writing car accident demand letters and helping victims who are negotiating for compensation after suffering serious injuries in an accident. There are so many different factors and questions at play that it is important to find a personal injury attorney you can trust.

Contact Morgan & Morgan today for a free, no-obligation case evaluation and learn how we can help with your case and your car accident demand letter.