Personal Injury Law: 5 DIY Tips For Writing A Powerfully Effective Demand Letter

3 August 2015
 Categories: , Blog


Believe it or not, it doesn't have to be hard to obtain compensation for injuries that you have sustained at the hands of other individual. Although this isn't always the case, you may be able to obtain compensation simply by writing a convincing and powerful demand letter. Here are five DIY tips that will help you draft a strong and effective demand letter:

1. Make Sure to Gather All Case Facts and Evidence.

Before you even start to write the demand letter, you need to make sure that you've seen a physician and your injuries have been diagnosed. Get all of your medical invoices, doctor's notes, etc. and put them in a file. In this file, you also need to keep pay stubs and notes from your employer that show you missed days from work and the amount that you lost as a result. If you haven't done so already, and it was a car accident, make sure to obtain an estimate for repairs.

All of this information will help you determine how much you need to request in your letter. You want to ask for enough to compensate you for all damages and injuries, but you need to make sure you have the evidence to back up your requests.

2. Present a Valid Argument.

Your demand letter is essentially the opening to the process of negotiation. Therefore, you need to make arguments favorable to you. Explain why the other individual is responsible. List your suffered injuries, received medical treatments and diagnoses, amount of lost income and any other damages that were suffered as a result of the other party's recklessness. Take this time to also point out any potential weaknesses in their case.

3. Avoid Your Own Weaknesses.

Most cases will have weaknesses, but it isn't your job to tell the insurance company what yours are. That's their job, so make them work for it. Keep in mind that since these weaknesses, if any, will crop up in negotiation process, it can help to be aware of your weaknesses and how to fight back.

4. Don't Be Afraid of Highballing.

A demand letter is not a demand letter if it doesn't have a demand of money. When you ask for a certain amount of money, don't give them a lowball offer. Instead, demand a higher number even if it is more than you think you should ask for. After all, the insurance company is likely going to come back with a lower offer. So, if you start with a low amount, you are setting yourself up for disaster and you won't come even close to getting the full and fair amount of compensation that you deserve.

5. Include a Deadline Without Sounding Desperate.

While you likely need a fast settlement, you don't want to sound desperate for one in the demand letter. You need to include a deadline for a response, but you don't want it to be too soon. Remember, insurance companies want to avoid going to trial just like you do. However, if they know you need money and are afraid of going to court, then they will try to possibly take advantage of the situation and you by offering a lowball offer.

For more information, contact Tiefenthaler Law Office or a similar firm.


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