The Role Of A Demand Letter In Your Injury Case

Let’s assume that you have a pending personal injury case. You call your lawyer, and ask for the status of your case, and he mentions something about sending a demand letter. What is that all about? What is a demand letter, and what role does it play in your personal injury case?

What is a Demand Letter?

Demand letters can be sent at any time (and in any kind of case), but in most situations in a personal injury context, demand letters are often sent before a lawsuit is filed. They are sent to the Defendant, or the Defendant’s insurance company, in an effort to try to settle the case before a lawsuit in court is needed.

Demand letters are longer documents, which detail a number of things about your case. Often the demand letter is the first time the Defendant or insurance company is hearing anything about your case, as far as the details of the accident and your injuries.

What is in a Demand Letter?

The demand letter will lay out the details of your accident, and how it happened. It will detail how and why you feel that the Defendant is negligent.

The letter also details all of your damages, as they exist at the time, both economic and noneconomic. Your medical records are often attached to the letter, as well as any documents related to your lost wages, to demonstrate to the other side what your losses are, and what a jury would potentially see in your injury case later on down the road.

Because they are sent before a lawsuit is actually filed, demand letters are very informal. There are no laws, rules or regulations, as to what can or cannot be included in a demand letter. Demand letters are often overly positive documents—they aren’t fair and neutral evaluations of the strengths and weaknesses of your case.

What Happens After the Letter is Sent?

The Defendant doesn’t need to do anything with your letter, in most cases. But usually, there are one of three responses.

The first response is The Defendant’s complete acceptance of the amount that you demanded, which is rare.

The second response is a complete denial; the Defendant will not compensate you anything based on the information in the letter. Your only option, if you want compensation or your injuries at all, is to file a lawsuit.

The third response is a denial, but one with a counteroffer. This begins a back-and-forth negotiation between the parties, to see if the matter can be resolved without a lawsuit.

Often, the Defendant will ask for more documentation to try to evaluate your claim. Your attorney may agree, and give them the information they are asking for, or deny them the request. Note that the Defendant will be able to access far more information about you after a lawsuit is filed, then it can in the pre-lawsuit demand process.

If the matter can’t be worked out in the demand letter stage, then your attorney will discuss with you the pros and cons of filing a lawsuit, to get the compensation that you feel is fair for you.

Let us help you with every stage of the injury and accident process. Contact our Rhode Island injury lawyers at Robert E. Craven & Associates at 401-453-2700 today.