What is an Injury Demand Letter?

The final piece of information that is usually submitted with a car insurance personal injury claim is the injury demand letter. The letter is much different from an injury notification letter in that the notification letter simply notified the responsible party of your intentions to start a legal claim for your injuries. When this letter was sent, you might not have known much about your injuries or the extent of them, so that letter was probably quite simple. An injury demand letter is much more informative, and it might be the most important part of your claim.

What’s Included in an Injury Demand Letter?

When writing an injury demand letter, it is absolutely essential to include the facts behind your claim. Some people take on their own cases instead of hiring an attorney, and the injury demand letters they present are poorly constructed, void of facts, and even threatening. A solid injury demand letter should include:

The events that preceded the accident – approximately where it took place, who was involved, what the weather conditions were at the time the accident took place, etc.
A description of the vehicles involved – this includes makes and models of the vehicles, the names of the drivers and any passengers that were present in the vehicles.
An account of the action or inaction that caused the accident – this includes going through a stop sign, failing to yield, running a red light, etc.
An account of any traffic tickets that were issued
Details about the tangible damages – this includes damages to the vehicles involved, as well as physical injuries that were sustained by you.
Details about the intangible damages – pain and suffering, loss of the enjoyment of your life, and life-altering changes you had to make as a result of your accident are all intangible damages. Accidents cause emotional distress as well as physical pain. Relationships are changed, lives are altered and important events are missed. Anything that has been damaged in your life should be included with your list of intangible damages.

Details Matter

In an injury demand letter, details are very important. The more documentation you have about your medical treatments, tests and surgeries, the better. You should also have a list of everything that is included with your letter. Make sure you have dates and times for each appointment.

You also need to make sure you clearly communicate that the insured is responsible for the accident. Never assume that the insurance adjuster already understands this when you’re putting together an injury demand letter.

Once you have spelled out as many details about your case and your injuries as possible, you will clearly spell out your demand for compensation. Include your loss of wages, pain and suffering, medical bills, out-of-pocket expenses and intangible damages in your demand.

Close your letter by thanking the adjuster for his or her attention to your case and by placing a time limit on their response. Thirty days is considered to be the standard time limit.

As you can see, an injury demand letter is much more involved than an injury notification letter. It’s vital for it to contain many pieces of information if it’s going to be effective. For that reason, it’s better to consult an attorney to make sure it’s done correctly and to make sure you have the best chance of getting compensated.

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