How Can You Draft the Perfect Demand Letter: Insights from Trivent Legal?

A demand letter is your first stride towards negotiating a suitable settlement in personal injury claims. This letter communicates to the insurance companies the vital facts surrounding the incident and initiates discussions for appropriate compensation.

KEY ELEMENTS OF A DEMAND LETTER:

1. Incident details
2. Responsibility of accident
3. Personal injury specifics
4. Medical treatment overview
5. Account of medical bills/lost income
6. Mental and physical distress
7. Settlement claim

An efficient demand letter integrates these components and supports them with necessary documents.

CRITICAL ASPECTS TO CONSIDER:

1. Assert liability: Establish the at-fault party’s negligence without demeaning them.
2. Minimize pre-existing conditions: Highlight the absence of prior injuries in the affected body part to avoid lower compensation.
3. Clarity over quantity: A concise, evidence-supported demand letter is more effective than an exhaustive one. Include tangible proofs like police reports, injury photos, medical records, and loss statements.

ENHANCING CLAIM VALUE:

Certain factors could augment your claim value:

1. Safety measures: Wearing a seatbelt during the accident, for instance.
2. Aggravating factors: High property damage, speeding, or impaired driving.
3. Aggravated pre-existing injuries: Properly document any worsening of prior conditions.
4. Medical prognosis: Document the doctor’s statement, injury cause, any immobilization, or complications.
5. Spinal treatment: Include specific details about the relevance and type of treatment.
6. Need for aids: Record the necessity of aids like crutches and their usage period.
7. Deformity/Scarring: Document any form of deformation or scarring, however minor.
8. Endurance: Showing resilience, like returning to work or daily activities, can enhance claim value. For example, returning to light duty work or mowing the lawn while hurting can both add value to a claim. Keep notes on the activities that the plaintiff has limited ability to do in his/her daily routine.
9. Accurate expenses: Correct calculation of medical expenses and wage loss is pivotal for settlement.

By considering these factors, your demand letter becomes a powerful tool for negotiation.

With a track record of preparing over 40,000 demand letters for more than 100 law firm clients since 2012, our experience and commitment to client success is unmatched. Our deep knowledge of the legal terrain, honed over the years, positions us to create demand letters that hit the mark, ensuring your negotiations start on a strong footing. Trust Trivent Legal to make your voice heard and your claims compelling.

If you have a case to be reviewed and summarized, please reach out to us at 610-674-6901, , chat on our website or email us at [email protected]