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Personal Injury Claims and Demand Letters

Posted on September 23rd, 2020

Estate Planning Lawyer

Personal injury suits typically require a great deal of effort by all involved parties. In a world saturated with advancing technology, accidents occur every day throughout the United States. Incurred damages can cost a victim thousands of dollars. Unfortunately, victims are typically initially responsible for any treatment they receive in response to an accident and then sue to recover these out-of-pocket expenses. Consequently, any injured individual should consider drafting and sending a demand letter prior to filing a claim in court as a method of demanding fair compensation for any losses. There are five things that an injured party should know about demand letters:

  1. Demand Letters. A demand letter is a letter stating a legal claim, which makes a demand for restitution or performance of some obligation to the drafter of the letter. Although demand letters are not legally required by the court, they are frequently used, especially in tort, contract, and commercial law cases. 
  2. Settlements. Although it may seem unlikely, demand letters have an incredibly high success rate. As the vast majority of personal injury cases are settled outside of court, an effective demand letter may be all it takes to initiate a successful resolution. 
  3. Necessity of a Demand Letter. Unfortunately, most guilty parties expect that a victim will not pursue a claim in court to recover damages. Demand letters are a necessary part of the litigation process as they give the guilty party an opportunity to settle outside of court. Additionally, demand letters provide a stark wake-up call to the guilty parties, which also has the potential to spark settlement. 
  4. Parts of a Demand Letter. Although every dispute is different, there are some general requirements that are typically included in every demand letter. In the letter, the author should include the history of the dispute, a proposed resolution, and an alternative of court. 
  5. Representation. Although not required, retaining a personal injury lawyer, like from Brandy Austin Law Firm, PLLC, may help make the drafting process easier for the victim, especially considering many attorneys have thorough experience with drafting demand letters and the litigation process overall. For an untrained individual, drafting a demand letter may prove to be a hefty challenge. As a result, many experts recommend that injured parties retain representation to ensure their demands are adequately represented and met. 

The decision to file a lawsuit can have monumental impacts on a plaintiff’s life. Personal injury lawsuits are becoming exceedingly more common throughout the United States with nearly 400,000 cases filed each year. As a result, an interested party needs to be fully informed before pursuing any set legal reparations. While litigation is always an option, demand letters provide an opportunity for parties to settle outside of court. 

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