Personal InjuryThe Importance of a Personal Injury Demand Letter

November 20, 2019by Aaron Allison

If you have suffered an injury and are filing a personal injury claim, then you have likely come across the term “demand letter.” Demand letters let the insurance company know that you have a legal claim against the defendant and are often the first step in formal settlement negotiations.

A demand letter should include the facts of your case and the amount of money that you are looking to receive in a settlement. Often times, they lead to securing a settlement offer without ever going to trial. If this fails to happen, then your claim will continue to advance through the litigation process. 

Do I Need an Attorney to Write My Demand Letter? 

You do not need an attorney to write a demand letter. However, an Austin personal injury attorney can help you craft an effective one by assessing the facts of your case. He or she will explain why the offending party is at fault for your injuries and outline the costs associated with them. 

Since the point of a demand letter is to receive your due compensation, your attorney will make an explicit request of the insurance company. This demand will take into account the amount of money required to cover your injury costs and other legal expenses. 

An experienced Austin personal injury lawyer knows how to make a compelling case that outlines why the insurance company should settle for the amount listed instead of going to court. He or she also knows how to ensure that your letter does nothing to hurt the future prospects of your personal injury claim. 

While you do not need legal representation when writing a demand letter, a local attorney will know the law and how it applies to your specific situation. This knowledge is invaluable and can increase your chances of receiving a reasonable settlement offer.

Helpful Tips for Writing an Effective Demand Letter

Along with informing an insurance company of your legal claim, a demand letter can also appear as evidence in court. Therefore, it is important to write one that is both accurate and effective. Here are some tips for how to accomplish this goal. 

  • Avoid vagueness. A demand letter should address each injury sustained during the accident in question and list the costs involved. It is important to be as specific as possible when writing one. Therefore, you should conduct a medical examination before sending a demand letter to the insurance company. 
  • Include all relevant records. When writing your letter, you should include important documents like medical records, bills for medical treatment and property damage and reports from experts that indicate the extent of your injuries. Including this information will make your demand letter more comprehensive and further persuade the insurance company to make a settlement offer.
  • Show why the defendant was at-fault. It is important to show the insurance company how the law supports your position that the defendant was negligent during the accident. Failing to do so could imply that your claim may not hold up in court. 

Need Help With Your Demand Letter? Our Personal Injury Attorney in Austin Can Help

If you are seeking financial compensation after an accident, then it is important to obtain legal representation. Our experienced personal injury attorney in Austin will be able to guide you throughout the personal injury claims process.

At the Law Offices of Aaron Allison, our personal injury attorneys offer free consultations. To schedule yours, contact us today at (512) 474-8346 or fill out our online contact form

Aaron Allison

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Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.