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How to Write a Successful Settlement Demand Letter

Posted in Personal Injury on March 10, 2021

If you get injured in any type of accident, including a car accident or slip and fall, recovering the compensation you deserve can be a challenge. One of the first steps in pursuing financial recovery is submitting an effective settlement demand letter to the correct insurance carrier. Your demand letter should be concise, compelling and convincing for the best possible results.

writing a settlement demand letter for a personal injury case

What Is a Settlement Demand Letter?

A settlement demand letter is one of the most important pieces of communication between you and the insurance company receiving your claim. This might be your own insurance company if you caused the accident or were injured by an uninsured party, or it might be someone else’s insurance carrier if that person caused your injury. Either way, do not underestimate the importance of the settlement demand letter.

As the name implies, the main point of the demand letter is to list your demands. In most personal injury cases, the victim’s request is an amount of financial compensation the victim is demanding in return for dropping the lawsuit against the defendant and releasing him or her from further liability. Your demand letter is the key to obtaining the best possible outcome for your personal injury claim in Dallas.

Parts of a Settlement Demand Letter

A settlement demand letter is brief and concise; typically, no longer than one page. It contains many important facts and information about the case at hand. The main parts of an insurance demand letter are the introduction, description of the accident, settlement demand figure and closing statements.

A strong personal injury demand letter includes:

  • The defendant’s name and address
  • Your name and contact information
  • A brief description of the accident
  • Why you believe the insurance company is liable
  • The extent of your injuries and your official diagnosis
  • A description of the medical treatments you require
  • Details of any income lost
  • A description of your pain and suffering
  • An amount you’re demanding in damages to settle the claim
  • One sentence stating that your attorney can go to trial, if necessary

Although you can find templates for writing settlement demand letters online, the best way to draft a personal injury demand letter that fully protects your rights and leads to a fair settlement is by working with an attorney. A personal injury lawyer in Dallas, Texas will have the experience and resources to craft the strongest possible demand letter. This will maximize your odds of obtaining positive results.

Tips for Writing a Strong Settlement Demand Letter

If you do wish to write the settlement demand letter on your own, take your time and make sure it is as strongly written as possible for the insurance company to take you seriously. Keep your language clear, concise and grammatically correct. Avoid long narrations about your accident or injuries. Simply state the facts of your case.

Do not admit any fault for the accident in your demand letter. Make sure you include all vital and necessary information. It is important to demand a fair amount for the type and extent of your losses. You may need assistance from a personal injury lawyer to accurately calculate your past and future damages.

Start with a higher figure than you would be satisfied accepting from the insurance company. The insurer expects you to negotiate back and forth until you reach a compromise. Aiming high will ensure you do not end up settling for a counteroffer that is too low. Don’t demand an amount that is too high, however, as an adjuster will see through this tactic and may offer an outrageously low settlement in response. Your demand letter must strike a careful balance.

For assistance drafting a successful settlement demand letter in Dallas, Texas, consult with a personal injury lawyer from the Law Firm of Aaron A. Herbert, P.C.