What A Demand Letter Consists Of
Each case is unique, and may require various elements depending on the facts, legal claims and damages involved. However, for most demand letters, there are five elements:
- Introduction and Summary of Accident: This often includes a brief description of the negligent acts of the negligent party, as well as a factual summary of the accident.
- Injuries and Damages: This section includes a description of the injuries sustained by the injured party. It also includes a summary of the damages caused by the negligent act(s).
- Legal Analysis: This section, if necessary, explains why the other party is at fault, and why the injured party should be compensated.
- Insurance: This section includes all the known insurance coverage available for the event that caused the injury, as well as any other relevant insurance information. An experienced attorney is critical here, as he or she will know what insurance to find, how to find it and the legal significance of each type of insurance.
- Demand: This section outlines the final demand amount and any time limits on when the negligent party, or his/her insurance company, has to pay it. It will encompass all available damages for your claim, including medical bills, lost wages, emotional trauma and punitive damages, if available in your claim.
Why You Should Not Write The Demand Letter Yourself
You have the legal right to represent yourself, and you can attempt to craft a demand letter to the insurance company. However, given the legal intricacies of any case, it is generally not a good idea. Here are the reasons why you should have an experienced lawyer draft your demand letter:
- The lawyer will understand the legal framework surrounding your case. Typically, a lawyer has years of experience helping clients who are in a position where they are demanding a settlement. While there are no guarantees, a demand letter can mean the difference between settling your case early and having to file a lawsuit.
- The lawyer will have the experience necessary to know what is relevant and what is not. An experienced lawyer will know what the insurance company needs to fully evaluate your claim. Finally, the lawyer will know what legal arguments are available to you for your claim.
- After an accident, it is generally wise to focus on recuperating rather than trying to take on the mental burden and stress of wrestling with an insurance company. Experienced lawyers take on those burdens every day, and know how to lift that stress off your shoulders and get resolution for your claim.
Lawyers in Gainesville, GA
The demand letter is an important document that requires the gravity of an experienced personal injury lawyer. It is important to know when you need a lawyer and to know the right lawyers in Gainesville, GA.