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Injury Demand Letter
Write one that gives you results
When should you write an injury demand letter? I believe that demand letters give you a lot more leverage, seriousness, and make your arguments stronger (if your letter is persuasive).
Most attorneys are very good about writing this type of letter. So it is always suggested that you show them your letter before sending it to a claim adjuster.
The advantages of having a well written demand letter are many. The question really is - when should you write it? The letter should be written when you are ready to settle. When are you ready to settle? Only you know when you are ready.
In many injury claims, the injured party needs to settle for medical payments to be made by the insurance company.
It is often the case that your medical bills go unpaid until you settle your injury. You might be pressured to get money to pay those medical expenses. Medical carriers can put liens on settlements and/or send you to collection. This type of situation occurs when you do not have PIP coverage and were injured by a third party.
In other cases, you are not sure if you should settle because the injuries are persistent and continue to give you problems.
Let us say you have back pains and headaches that are still present and you are not sure when they are going to go away. You do not want to settle until YOU know you want to make this step. It is always better to try to write this letter when you are completely recovered.
Sometimes you know because you simply feel better. Sometimes your doctor will release you and write on your report that you are back to “pre-condition”. Sometimes, this still does not mean you are completely recovered. But, the insurance company will try to hold that against you.
If you settle before you are completely recovered, then you must be sure that you are taking into account all information available so that no medical surprises will come up later on.
Once you do settle, the insurance company will not pay any other medical bills or medical expenses that come up later on.
This can be very harsh because if you settle too early, then you can be left paying for your own medical bills and without any recourse.
You need to be very aware of your statute of limitations. Waiting too long can bar your claim completely. You always need to consult with a local lawyer about your statute of limitations.
Consequently, writing this letter the day after the accident is a little too soon. You cannot possibly be sure of what your injuries are, what medical treatment you are going to need to be completely recovered, or what pain and suffering you will have because of the accident.
If you feel that your injury really is not that bad and want to try to settle, this is one situation where you can negotiate with the insurance adjuster over the telephone (after talking to an attorney) and after reading this personal injury eBook.
Perhaps the most important thing to remember is that an injury demand letter really puts a negotiation into place (it usually is not the last negotiation letter you will write regarding settlement).
Once you write it, you can expect a letter back from the insurance company telling you why they disagree.
Note that if you do not request an answer in writing, then the adjuster will try to negotiate with you over the phone.
You can ask in your letter that all communications shall be done in writing so you have everything documented. Remember, written correspondences provide a paper trail but telephone conversations are much more informal and can usually reach an agreement much faster.
Insurance companies are not on your side. You either get this personal injury eBook or talk to a personal injury attorney before you make any decisions!
Follow the links below for more information about accident injuries, bodily injury claims, and what to ask when making this type of claim.
4. Permanent Injury Claim
5. Medical bills, medicine, expenses
6. Loss of Wages
7. Loss of Earning Capacity
8. Loss of Business Income
9. Loss of Consortium
10. Loss of Quality of Life
11. Loss of Essential Services
12. Future Treatment and Expenses
13. Pain and Suffering
14. Prior Injuries
15. Psychological Injuries
16. Personal Injury Claim Settlement (evaluation of a claim)
17. Car Accident Injury Claim and Burden of Proof
18. What affects compensation for back and other injury claims
19. A word about Head Injuries
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