Strategies and Tips for Writing a Personal Injury Demand Letter

As any private damage lawyer can inform you, settlement negotiations are essential in private damage instances. Because the overwhelming majority of instances don’t go to trial, these negotiations can really be the place the place a case is received or misplaced. Which means that the place to begin for framing settlement negotiations can be essential…and that start line is often the non-public damage demand letter.

The settlement demand letter is the place you current your case in the very best mild to the financially accountable occasion–typically an insurance coverage firm–and summarize the idea for the financial worth of the case. With the intention to begin negotiations off on the proper foot, you must comply with some finest ideas and keep away from some widespread errors, which we are going to cowl on this weblog.

The aim of the accident demand letter is to facilitate settlement of the case. The aim is to impress the insurance coverage firm with the worth of the case and the danger they face if it proceeds to trial. Importantly, the letter should additionally convey that your consumer is prepared to just accept a pre-trial settlement.

A well-written demand letter can set the tone for a profitable settlement to your consumer, both now or down the street. Conversely, a poorly written letter may trigger the insurer to low cost your case or not take you critically as an adversary. Both of those outcomes will lower your probabilities of a positive pre-trial settlement.

Key parts of a private damage demand letter

Private damage demand letters will differ from case to case, based mostly on the information of the case, the scale and complexity, and your judgment on how settlement negotiations will proceed. Nonetheless, there are some key parts each demand letter ought to include.

Introduction and background info

Begin off the letter by introducing your self and who you might be representing. The small print right here will differ relying on the stage of litigation. For instance, has a lawsuit been filed but, or is the litigation continuing and discovery underway? Is that this demand letter despatched previous to mediation, or is trial across the nook? Tailor your introduction appropriately.

Description of the incident and accidents

Embody an in depth description of the accident or different incident that precipitated your consumer’s accidents. This description ought to embody the date and placement of the incident, in addition to the pertinent surrounding circumstances. Critically, this description should additionally lay out how the insured occasion is liable for your consumer’s accidents.

Remember to spotlight any distinctive information of your case that make it stand out from different private damage instances. You wish to keep away from a situation the place the insurance coverage adjuster merely rolls their eyes as they learn the letter, considering that is simply one other run-of-the-mill slip-and-fall or auto accident. Make your consumer’s incident stand out of their minds.

The size and element of the demand letter are sometimes influenced by the general dimension of the case. For a case with seven-figure settlement potential, a particularly complete letter could also be so as. Nonetheless, such a letter could also be counterproductive for smaller instances, for the reason that insurance coverage adjuster might take it as an indication the lawyer is inexperienced and due to this fact unlikely to take the case to trial and finally prevail.

Medical documentation and therapy particulars

Private accidents are proved at trial with medical documentation and proof of your consumer’s therapy. Accordingly, that is the kind of supporting proof you must embody together with your demand letter. These information are essential for the adjuster to guage your declare, so be sure to present them with what they want.

Demand for compensation and (probably) settlement quantity

Your demand letter ought to undoubtedly present some sense of the general worth of your consumer’s case and what may probably be recovered at trial. With that stated, it might not be advisable to make a selected financial demand on the outset of the case. The letter typically serves as a gap salvo in negotiations, and also you wish to keep away from setting an higher restrict to the settlement vary that’s too low. As a substitute, chances are you’ll wish to let the insurer make the opening supply.

One widespread exception to this precept is the place your letter makes a requirement on the insurance coverage coverage limits (assuming you realize this info). In case your consumer’s case warrants a requirement at this stage, this could strain the insurer to keep away from a “pop the coverage” situation, the place an eventual jury verdict in extra of the coverage limits ends in the insurer being liable for the complete extra quantity.

Contact info and subsequent steps

Your letter also needs to clearly present your contact info and your required subsequent steps. The subsequent steps might be a response to your demand or just the insurer or opposing counsel reaching out to you to start settlement negotiations in earnest.

Ideas for writing an efficient private damage demand letter

The next are some pointers for writing a private damage demand letter that’s efficient in advancing your consumer’s case.

1. Create a powerful and convincing narrative

A private damage plaintiff wins at trial with a powerful and convincing narrative. This implies your demand letter should current that very same narrative, displaying the insurance coverage firm how you’ll prevail on this case within the occasion they fail to settle.

2. Embody robust proof and supporting paperwork

Along with the medical documentation and therapy proof outlined above, make sure you embody essentially the most compelling proof of the insured occasion’s legal responsibility. This might embody particulars of the incident in query, images, movies, or a abstract of doubtless witness statements.

3. Be clear and concise in your writing

Get to the purpose shortly, and make every level clearly. You aren’t looking for to channel your inner Hemingway or Shakespeare, you might be displaying an insurance coverage firm that you simply imply enterprise. Save the flowery prose to your off-the-job fiction writing.

4. Proofread and edit for readability and accuracy

An enormous consider being taken critically as a litigator is the power to specific your self clearly and are available off as detail-oriented. Typos, misspellings, and clear errors in your demand letter will undermine these targets. Proofread and edit the letter completely earlier than sending.

Frequent errors to keep away from in a private damage demand letter

Even when all of the important parts are included in your demand letter, there are nonetheless some widespread errors that may damage your letter’s efficiency.

Exaggerating or misrepresenting the information

Keep away from any over-the-top, exaggerated, or knowingly inaccurate claims. This letter will likely be reviewed by an insurance coverage adjuster who’s accustomed to creating chilly and unemotional assessments of claims. Exaggeration or misrepresentation will merely make you appear to be an beginner, and no insurance coverage firm will take an beginner’s settlement demand critically.

Making unsupported or unrealistic calls for

Any settlement demand for a certain quantity ought to be real looking and supported by the information of the case–at the very least the information introduced in the very best mild to your consumer. As with exaggeration or misrepresentation of information, unrealistic calls for make you come off as inexperienced.

Utilizing aggressive or confrontational language

Whereas your demand letter ought to current your case within the strongest doable mild, you must nonetheless stay courteous {and professional}. Aggressive or confrontational language sends the message that you’re looking for to inflate the worth of your case, and insurance coverage adjusters are more likely to see by this ploy.

Neglecting to incorporate essential particulars or proof

A requirement letter ought to search to color your consumer’s case in the very best mild, but it surely mustn’t ignore apparent particulars or proof that damage your case. In case your consumer was reckless or inebriated on the time of the accident, for instance, and the insurance coverage firm is aware of this, higher to deal with the difficulty head-on than attempt to ignore it.

How Clio’s private damage options assist attorneys draft private damage demand letters

The best legislation agency software program could make drafting private damage demand letters a much less arduous course of. Clio offers private damage case administration software program that streamlines the demand letter drafting course of from starting to finish.

With Clio, your agency can observe case-specific info you have to for the demand letter, such because the incident date, insurance coverage declare numbers, and opposing events. Medical data and different supporting documentation will be positioned and hooked up simply, with Clio’s capacity to trace medical data, payments, and liens. When assessing the settlement worth of the case, Clio can present complete settlement estimates with the settlement calculator that comes with all of the pertinent information-damages, liens, and charges.

Not solely can Clio prevent time when drafting your private damage demand letter, it may well assist make sure that no supporting proof goes missed.

Last ideas on private damage demand letters

The non-public damage demand letter is a pivotal step in litigation and shouldn’t be taken calmly. Observe these ideas and tricks to put your finest foot ahead when drafting and sending your letter to provoke settlement negotiations. In case you are prepared for authorized software program that may make this process simpler, try Clio’s private damage legislation software program and see if a demo or free trial is true to your agency.

We printed this weblog put up in March 2024. Final up to date: March 6, 2024.

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