How To Write An Effective Personal Injury Demand Letter

Every 14 seconds, a person is injured in a car accident. But suffice to say, there are thousands of people who get hurt in other personal injury cases such as slip, trip and fall, construction and industrial accidents, dog bite attacks, medical malpractice, and the like. And where there is injury, there is always liability.

Personal injury cases fall under Tort Law. Tort law’s main purpose is to provide relief for the damages suffered by the injured party and set an example to deter others from committing the same mistake. Torts are classified as follows:

Intentional Torts

The defendant is aware of what would happen as a consequence of his act or omission. Personal injury cases under this category include assault, battery and intentional infliction of emotional distress.

Strict Liability Torts

The defendant is still held liable for the injury, regardless of his fault or the absence of such, as long as there is damage suffered by the plaintiff. product defect and dog bite attacks are the two most recognized cases which fall under strict liability.

Negligent Torts

There is negligence when the defendant’s actions were unreasonably safe or there was a breach of the duty of care. A very common example of such is a car crash as a result of the reckless operation of a vehicle.

If the fault or negligence of the other party was proven, the injured party shall be entitled to compensation. He may file a claim for damages and this amount would include compensation for physical injury, psychological injury and also property injury.

But receiving compensation for your damages isn’t easy – in fact, history suggests that the defendant would either ignore your claims or fight it tooth and nail. Also, there is a possibility that the defendant would turn the blame on you and ask for compensation.

While filing a lawsuit against the defendant is a way of ensuring that you get your compensation, you can also achieve your goal through a settlement or by sending a personal injury demand letter either to your insurance company or the defendant.

The latter is a less expensive way to recover losses but take note that writing a personal injury demand letter will not further your cause if it is ineffective and unable to actually state the amount and the basis of the damages you want.

Here are some tips on how to write a demand letter for your personal injury:

The format of the letter is similar to a business letter. Your name (as plaintiff/victim), address and the date when the letter was sent, should be placed at the uppermost portion at the right side of the page. The name of the person to whom the letter is addressed, as well as his address should be placed on the left.

The demand letter should be sent to the defendant as soon as the treatment for the injuries sustained is complete and that there will be no permanent injury which requires to be treated.

The letter should be simple but it should provide all the details relating to the accident. The amount sought by the injured party should also be indicated clearly.

Evidence may also be included in the letter to support your claim for compensation such as medical bills, repair bills, lost wages, and other costs and expenses related to the injury from the accident. A copy of the police report may also be attached.

Consult with a personal injury lawyer with regard to the computation of the damages you deserve to receive, also, he will be able to assist you in writing an effective letter.

From the author: Understanding the Tort Law

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