Injuries often disrupt your life in unexpected ways, leaving you with challenges you never anticipated. While you may be entitled to compensation, pursuing it without legal guidance can be a death trap. There are so many nuances in the law and also news laws that can affect how much you can be compensated.
With the support of an experienced attorney, you have a strong probability of securing the compensation you deserve. One of the ways an experienced lawyer obtains maximum compensation for you is by sending an insurance company a carefully crafted demand letter.
How a Demand Letter Works
A well written and well prepared demand letter gives you the best chance of resolving your case. A demand letter is sent to the insurance company of the at-fault party demanding they pay a certain amount of money for your injuries. If you hire Shamieh Law, we’ll determine who the liable party is, gather evidence for your case, and ensure we include all the damages you should be compensated for.
Once you finish treating for your injuries, our legal team will prepare all the necessary documents and send a demand letter to the responsible party’s insurer. After the insurance company receives and evaluates the demand, negotiations will begin.
What Is the Purpose of a Demand Letter?
A demand letter gives parties the chance to resolve a dispute without going to court in Texas. It is commonly used when money is owed or when contracted work has not been completed. In some cases, Texas law even requires a demand letter before a lawsuit can be filed. The purpose of a demand letter is to encourage a settlement agreement outside of court, document the legal dispute and requested recovery, and can be used to show credibility during negotiations. Some circumstances and cases in which demand letters are used include:
- Business disputes
- Contract claims
- Debt collection
- Personal injury and accident cases
Elements of a Strong Demand Letter
A strong demand letter can strengthen your case, helping you organize the facts and what you want out of it. Preparing a demand letter can also help you prepare you for trial if a settlement cannot be reached. Here are some of the elements of a strong demand letter:
- Facts of the case: Clearly outline what happened, including dates, times, and circumstances. Reference any supporting evidence you have, such as photos, records, or witness accounts.
- Parties involved: Address the letter to the specific individual or department responsible. Naming the correct party strengthens the letter’s impact, while a vague address to an entire company or organization may reduce its effectiveness.
- Legal grounds for the claim: State the legal basis for your claim and explain why you are entitled to pursue compensation through a personal injury lawsuit if necessary.
- Requested damages: Specify the amount of compensation your attorney has determined is fair based on your losses and supporting documentation.
- Response deadline: Set a clear timeline for the recipient to reply and for payment to be made.
- Consequences of non-response: Indicate that if the demand is not met, you are prepared to take legal action to enforce your rights.
- Expert evaluations such as reports from accident reconstructionists, economists, life care planners, or vocational rehabilitation specialists.
- Vehicle data downloads showing details like braking, speed, or weight at the time of the crash.
- Personal journals or diaries documenting how the injury has impacted your daily life or your family.
- Proof of relationship to a deceased individual, such as a will, marriage license, or birth certificate.
- Proof of death, including a coroner’s report, hospital records, or an autopsy report.
- Witness affidavits to confirm what occurred.
- Video evidence, such as footage from businesses, traffic cameras, or dash cams.
- Public records, including open records requests to agencies.
- Governmental investigations, such as OSHA findings or similar reports.
- Company documents, like internal emails or business records showing safety failures.
- Specialized expert analysis, including biomechanical or human factors experts who can help establish liability.
Do You Need an Attorney To Write a Demand Letter?
While you’re not legally required to have an attorney draft a demand letter, legal guidance ensures the letter complies with the law, is thorough, accurate, and carries more authority. At Shamieh Law, we prepare demand letters for every client and handle all communications with insurers to protect your rights. Having an attorney involved also demonstrates how serious you are about pursuing fair compensation. By preparing a demand letter for our clients, we give them the opportunity to see case results.
How Shamieh Law Helps Your Case With Demand Letters
For every case we work on, we prepare a demand package of evidence of your claim and a demand letter. If another person’s negligence has injured you, you deserve compensation so you can focus on your recovery. Contact us at Shamieh Law or call 469-813-7332 to schedule a free consultation about your case and legal options.