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How To Write A Demand Letter To Settle Your Claim


At some point during your injury claim, you may be required to draft a demand letter. In the letter you will explain the accident, detail your injuries, and request compensation for your damages. This can be overwhelming if you’ve never had to write one before and are unsure what to include to help you get a fair settlement. If you don’t know where to start, you’ve come to the right place. Here is a list of things you need to include in your demand letter.

Outline The Incident

You will need to start by outlining the details of the accident. Explain exactly what happened to the best of your recollection and the results of the accident. Make sure to outline why the other party is liable for the accident and how they are at fault. At no point in the letter should you admit to any wrongdoing or fault on your part, because the insurance company may use this against you. Also, keep this portion of the letter very objective. You may be tempted to talk about how upsetting the accident was but that will not help your case. Simply keep to the facts.

Detail Your Injuries

The next section you will want to talk about the resulting injuries. Make sure to list all of them, not just the big injuries that may be permanent or long-term. Though you should focus most of this section on your biggest injuries. If you can consult with your doctor, so you can use all the relevant medical terms. Also, explain the different treatments prescribed from medication to surgery to physical therapy. The more details on your injuries you can provide the better chance you have of getting full compensation for your claim.

Explain All Of Your Damages

There are more than just the cost of medical bills associated with a claim. You will also need to outline the other losses and expenses as a result of the injury. If you have lost any income or benefits from missing work, make sure to outline those expenses. Also, consider the other expenses incurred from the injury, there are a lot of ways your costs can stack up. For example, if you have to take a taxi to the hospital, include those costs. If you have severe anxiety or depression because of missing out on experiences as a result of your injury, include those details as well. If you need help determining what is a damage, talk to an accident attorney and they can help determine what all you should list on your claim.

Calculate Your Settlement Demand

Once you have outlined your damages, you will need to also include a settlement demand. Coming up with this figure can be pretty complicated, but basically, calculate your overall costs. Then, and this is really important, inflate those costs. You will want to ask for more than what you are owed in order to have room to negotiate with the insurance company. Don’t be too outrageous, just take your original figure and increase it enough that you have some room.

Attach Relevant Documents

Once you’ve written your letter, make sure to include documentation of everything that proves your demands. Include medical bills, police reports, letters from your employer, and receipts from any incurred costs. This will show them you aren’t just making superfluous claims, that the accident has actually cost you a lot of money. They will also help you prove negligence on the part of the other driver.

Get Help From An Attorney

Even if you are confident in the demand letter you have written, it’s a good idea to speak with an expert accident attorney. The attorneys at , Goldman, Babboni, Fernandez, and Walsh, cannot only help you draft your letter, they can help you review your demands to make sure you didn’t miss anything important. They can also advise you on what documents to include to prove your claim and then help you calculate your damages and ultimately negotiate your settlement.

If you need to write a demand letter, give us a call for a free consultation, we’ll make sure that you’ve included everything you need and help you get a fair settlement for your damages.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

How To Write A Demand Letter To Settle Your Claim

Goldman Babboni Fernandez
Murphy & Walsh




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