Writing A Personal Injury Claim Letter

A personal injury claim letter, otherwise known as a demand letter, is the crux of any claims negotiation made between a victim and liable insurance companies. In essence, a solid demand letter outlines all of the elements of your personal injury case, documents these elements, makes claims for damages, and documents these damage claims. The point of a demand letter, in practice, is to tell the insurance company what you demand in compensation for your injuries.

What to Include in the Demand Letter

Aside from case-specific identifying information at the top, the following list outlines how victims should compile their demand letter, as well as what points must be included in any strong personal injury claims letter:

From the onset, establish a cause of action (reason for making the claim) backed by documented witness statements, on-scene evidence, or police reports outlining the facts of an accident or injury.

Explain why another party, the party insured by the insurance company, is at fault for the accident or incident. In a simple manner, provide your version of the events, as well as any outside testimony supporting your version of the events, which ultimately seek to prove another party is liable for your injuries.

Every claims case has the defense of comparative negligence, which essentially states that the claimant (the personal injury victim) was partially or wholly at fault for his or her own injuries. In the demand letter, simply state this was not the case and avoid making any admissions of fault whatsoever.

Detail special damages (economic damages) endured as the result of the injury accident, including documenting as many damage claims as possible. These will include damage claims for treatment costs, associated medical bills, and lost income in most cases.

Strongly convey the general damages (non-economic) damages incurred as the result of an accident, including the pain, suffering, mental anguish, affects on your daily life, the likelihood of prolonged or permanent disability, disfigurement, and any other claim that cannot be supported in a pecuniary manner.

Use the last paragraph of your letter, following a mildly emotional outline of the personal implications of the injury, to make a settlement demand figure. In essence, a settlement demand figure should be derived from lost income, special damages, and general damages. For the purpose of negotiations, most advise using a figure seventy-five to one hundred percent larger than your desired settlement amount.

Any supporting documentation should be referenced in a demand letter, as well as attached to the back of a demand letter. The more documented a claims case is, the more likely a victim will receive a favorable outcome, in most cases.

Getting Legal Help with Writing a Personal Injury Claim Letter

Having legal counsel to help your write a personal injury claim letter, although not necessarily required, is a most likely a good idea. Not only can legal counsel inform victims of their potential damage claims, but also, assist victims with documenting legal elements and damages claims in a manner that will prompt favorable settlement offers from an insurance company. Furthermore, an attorney can assist victims with the important and often difficult task of valuing their claim, and in turn, coming to terms with a settlement demand amount.

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