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Injury Settlement Demand Letter

How to write an injury settlement demand letter? This is an email we get very often and we cannot really give a direct answer as there are so many variables to consider that it is difficult to approach all the “possible angles.”

An injury settlement demand letter is key in the claim negotiation process. This letter is where you (or an attorney) lay out all the pertinent information to “document” or back up your injury damages. It is here where you have the opportunity to show why or how an injury has impacted your lifestyle and how you assess the number you would be willing to settle for.

It is very important to note that the demand letter usually “sets” the real negotiation in place. Our point is that this letter will start a back and forward negotiation process. It is very unusual to see a first letter of demand to be accepted and settle your claim (if this happens, it is probably because the offer was way too low). However, letters of demand “take” the negotiation stage to a different level.

If you are able to write a compelling letter, the insurance adjuster (and her manager) will understand that you are an educated person. This will give you more bargaining power at the end. You absolutely must write this letter in a computer. Do not write it by hand, it will take a lot of credibility away from you and it will harm your case. It is very possible that your letter will not be read.

The most important thing about a demand letter is the fact that it is “written.” This becomes part of the record and it will be used by a court of law in case there is a dispute between you and/or the insurance company. Adjusters try very hard to settle injury claims over the telephone. Most of these conversations are not part of the record. The simple reason is that by not having this type of letter in the record, a court or the department of insurance cannot see what arguments where raised by you or your attorney.

The second most important thing is that this letter allows the writer time to think and clearly explain the basis of the claim. This is the reason a good demand letter will lay out the negligence or fault aspect of your claim (on so an so date, your insured hit me), the injury basis (the doctor’s records show that I have a head injury), and the amount you will be willing to settle for (my injury is worth $XXXXX).

There are many types or forms of demand letters. We have seen many different styles that attorneys use as different devices to pressure or spark a “good” answer from an insurance company (hopefully a check, but usually another letter). There is really no “one” best way to write it, but we have a few tips that can help you write compelling injury demand letter that can end up giving you a good settlement.

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

When to write an Injury Settlement Demand Letter

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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