When you need to recover compensation for an injury, you usually begin by sending a demand letter to the insurance company. However, the most effective way to write these letters is to contact our lawyers and have us do it.
Demand letters are incredibly important to settlement negotiations with insurance. They set the stage for what will be fought for in your claim. We will lay out the details of your accident in your letter, including how we believe the insurance company’s policyholder caused it. With our attorneys’ help, your economic losses will be accurately calculated and reflected in your demand letter. If you do it on your own, you might overlook damages you could have claimed, costing you important compensation you will need down the road. Our team will write your letter so the insurance company knows the facts of the case are in your favor.
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review with our Texas personal injury lawyers.
What is a Demand Letter for in a Texas Personal Injury Claim?
A demand letter is essentially the starting point of most personal injury claims in Texas. Typically, demand letters are sent to insurance companies to begin negotiations. It explains to the insurance company the client you are representing is seeking damages for injuries caused by the company’s policyholder. The demand part comes in the form of the compensation our Fort Worth personal injury lawyers set as the amount we will accept to settle your claim. Your demand letter often sets the tone for the rest of your case, so the most effective way to write one is to have our lawyers do it.
While there are websites that offer templates and forms to help draft a demand letter, our attorneys do not recommend that strategy. There is no one-size-fits-all form for a demand letter. Most claims are highly specific as to the details of the accident and your injuries. If your accident or injuries are complex, the demand letter could be complicated to complete. If you do not have legal experience, it will be incredibly easy to make a mistake.
Texas is in an “at-fault” insurance, meaning that you will file your insurance claim against the negligent party with their insurance company. Since you will not be dealing with your own insurance company but one opposed to your goals, it is likely they will try to harm your case by attacking weak points in the demand letter. For example, you might want to appear gracious in your letter and end up saying something that can be twisted into an admission of fault. Thus, the best way to get the most out of your demand letter without jeopardizing your claim is to have our team draft it and send it to the insurance company.
What Information Should Be Included in a Demand Letter for an Injury Case in Texas?
Demand letters are much more than just a declaration of your injuries and the money you want as compensation. The letter contains multiple sections, each one designed to serve a specific purpose. What makes a demand letter effective is its ability to communicate what would be included in your lawsuit. By the end of reading it, the insurance company should understand the likelihood of success of your case if a settlement cannot be reached. The following are details that will be included in the demand letter we write for you:
Facts About the Accident
Naturally, the insurance company needs to know about the incident for which the claim is being filed. Thus, the demand letter typically begins with a detailed explanation of the accident. When our team interviews you, we will gather all the facts that you can remember about your accident. We know what questions to ask depending on your accident to help get the legally relevant information we will use in this section.
For instance, the information section will often start with the events leading up to the accident, such as running errands or picking up your kids from school. This adds context to how the accident happened.
Next, we will describe the accident itself. The more details we have here, the better, as many of the facts during the accidents will be relevant to settling issues of liability. For example, if you saw a driver who injured you speeding when they ran a red light, these details would be critical. Or, if you slipped and injured yourself in a store, we would want to include specific details about the spill, like the substance, the light around the area, and whether it appeared to have been sitting there long.
We will also discuss what happened after your accident. We can discuss your efforts to get medical care and any other hardships you faced just after being injured. Our attorneys will make sure this section is crystal clear to the insurance company so there is less of a fight later over liability.
A Statement of Your Damages
The demand letter will also contain a detailed section describing all the damages you have sustained. Our lawyers typically start this section by describing your economic losses. These are the damages easiest to quantify since you will have bills and invoices proving them.
Before writing your demand letter, we will get all your medical records and use them to calculate your medical expenses. We will also gather records from your work if you plan on claiming lost wages. We will include the income you lost and the injuries you caused in our demand for economic damages. If you need to have your vehicle repaired or have out-of-pocket expenses to treat your injuries, we will include those as well. Our attorneys will examine your losses thoroughly to account for economic losses you might not have considered.
A Statement of Your Hardships
Lastly, our attorneys will often conclude an effective demand letter with a statement of your hardships. This is where we will discuss your “pain and suffering.” Pain and suffering can be illustrated by how your life has changed since the accident. If chronic pain has prevented you from sleeping or makes going to work a painful experience, this is the section where we would put those details.
Basically, we will want to list any subjective impact you have experienced because of your accident and your injuries. If you were in a car accident, you might have PTSD that prevents you from driving without extreme anxiety. Or, you might not be able to enjoy hobbies and activities with friends and family the way you used to before.
These damages can be difficult to assess, so we will likely not have a final number in the demand letter. However, our lawyers will put the insurance company on notice that these damages must be compensated.
Our Texas Personal Injury Attorneys Can Help You Write a Demand Letter that Works
For a free case assessment with our Irving, TX personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.