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Injury Demand Letter

When to write and send it in

When to write an injury demand letter? We believe that demand letters give you a lot more leverage, seriousness, and makes your argument strong (that is if you are writing a good letter). 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 I 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 to pay medical bills that are not being paid by any insurance company, so you might have pressure to get money to pay those medical expenses.

In other cases, the injuries are persistent, even if they are soft tissue injuries. Say you have back pain and headaches that are still present and you are not sure when they are going to go away. It is always better to try to write this letter when you are completely recovered.

Sometimes you know because you feel better or sometimes your doctor will release you and write in your report that you are back to pre accident condition. Sometimes this still does not mean you feel 100% better, but the insurance company will try to hold that against you.

If you settle before you are completely recovered then you can be sure that you are talking into account all information available and 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.

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 your pain and suffering this accident will cause you.

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).

Perhaps the most important thing to remember is that an injury demand letter really puts a negotiation into place (it almost never is the last letter you will write). Once you write it, you can expect a letter back from the insurance company telling you why they disagree.

Note, 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 be in writing so you have everything documented or you can elect to do it over the phone. Remember, writing is all on the record, and telephone conversations are much more informal and you usually you can reach an agreement much faster.




Get a great Bodily Injury E-book for more key information.

The Actual Injury Demand Letter – the Format

The Content of the Demand Letter - What should it say?

Examples of the injury demand letter

Subsequent Demand letters - After your demand letter, then what?


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