The world of injury law is a complex one so it’s understandable that many people don’t know what a demand letter is. So, in today’s article, we will be discussing the importance a demand letter has on your case.
Before your case goes to trial, your personal injury lawyer will likely write a demand letter on your behalf. You can write one yourself but it’s always advisable to go to a law firm like Kyle Scott Law (https://kjslaw.com) because they will know the best demands and technical terminology to use. A well-crafted demand letter can often result in a faster settlement, sometimes even outside of court.
A demand letter is sent to the individual or individuals negligent in your accident, or to insurance companies. The letter is designed to make specific demands. In essence, the demand letter outlines your case, details the amount of money you are seeking, explains why you are seeking these damages, and then seeks out a settlement.
Demand letters can result in a faster resolution for your case without the need for expensive and extensive litigation. A skilled personal injury lawyer can craft a successful demand letter, which will be more likely to get you the results you want.
According to the Association of Legal Writing Directors, an effective demand letter takes into account four factors:
- The letter understands the reader and the issue at stake.
- The letter organizes the material relevant to the case (facts, figures, evidence).
- The letter is well-written and structured to present the case effectively.
- The writer of the letter is able to best evaluate the response and take action.
The ability of the letter writer to take action is an important factor to consider when writing a demand letter. Preston Clark, who served as in-house counsel for the University of Miami, explains that a demand letter should offer the reader a time-frame in which to respond, and the letter should clearly outline the consequences the reader faces if he or she fails to respond. While Preston Clark states that anyone, even a non-lawyer can write a demand letter, it is important to weigh certain factors before sending out a letter without the help of a lawyer.
For one, a demand letter’s weight depends highly on whether the reader perceives that the writer has the ability to follow through on consequences. A letter written by a personal injury lawyer will carry more weight than a letter written by a non-lawyer. A personal injury lawyer can threaten litigation, while a non-lawyer’s threats might not be perceived as being as imminent.
A demand letter will often contain several pieces of information. First, it will outline the facts of a case. The letter may provide police report details. Next, the letter will outline the injuries suffered by the victim or victims in the accident. Evidence such as medical records may also be included in the letter. Next, the letter will outline the damages the accident caused, including lost wages. Finally, at the end of a demand letter, your personal injury lawyer will demand a certain amount in damages.
Ideally, it is more inexpensive and easier to settle a case outside of court rather than take a case to court.
If you’ve been injured in an accident in Minneapolis, Minnesota, you may not know where to turn. The Law Office of Martin T. Montilino has years of experience helping clients seek out the maximum compensation allowable under law for injuries.