The Fastest, Easiest Way to Get Personal Injury Help

We Connect You - 1000's of Injury & Accident Victims With Attorneys

We Inform You - FAQs, Lawyer Directory, Specific Claim & Accident Topics

The Personal Injury Demand Letter

If you have been injured from the negligence of another person you may be entitled to compensation. The demand letter is the starting point for negotiations for compensation and payment. The demand letter can be written at any time after you are ready to begin the settlement negotiation process but should be written after you have reached your maximum medical improvement and understand the full costs of your injuries.

The demand letter is not only a critical component of the negotiation process, clearly outlining your strongest arguments for receiving a fair settlement from the insurance company, but it also should describe various facts about the case, including who is responsible for your injuries, why you think they should compensate you, what types of injuries you suffered from their negligence, the types and costs of medical treatment required, how much income you have lost due to your injuries, and whether you suffered additional injuries such as pain and suffering.

At the conclusion of your demand letter you should ask for the amount of money you believe will compensate you for all of your losses.

As mentioned above, this is a negotiation so it's important to make your best argument. Expect the insurance company to make a counter offer after they have received your demand letter and have reviewed the facts of your personal injury case.

Writing Your Personal Injury Demand Letter

The demand letters should be clear and concise. It should state what amount of money you believe will compensate you for your loss, and if successful, it should allow you and the defendant to avoid a protracted legal battle in court. But how do you start? What are the first steps you should take?

First, create a narrative of the dispute. The how, where, what, and why are important. Be sure to include not only the details of the accident but also how you were affected, including information about your pain and suffering and any type of medical treatments which were required after the injury. Although you and the defendant may know what happened, you may remember it differently. The demand letter may also be given to a court judge if the negotiations are not successful and the case goes to court.

Next, clearly state what you need from the defendant. For example, if you were injured and need payment for medical expenses tell them you would like them to pay for the cost of your medical bills and you expect payment within thirty days (or another reasonable deadline).  Finally, you should notify the defendant of the course of action you will take if they do not make payments by the deadline.

All correspondence should be polite and factual. The demands should also be reasonable. The request for payment should compensate you only for what you are owed for expenses, plus a reasonable amount for pain and suffering. Do not make idle or illegal threats.

Personal Injury Demand Letter Sample

Your Name and Address
Insurance Company Contact and Address
Re: Your Insured, Cybil Adams
Claimant: David Jones
Claim No.:
Date of Loss:

Dear insurance contact:

This letter, written June 1, 2014, is to inform you I was injured in a car accident on March 15, 2014, by your insured Cybil Adams. The accident occurred as I was driving north on Preston Road and stopped at a stop light at the intersection of Warren Parkway. Ms. Adams ran a red light and her car slammed into the side of my car. The impact from the crash forced the driver's side door against my leg, crushing my leg.

I was taken to the hospital emergency room of Plano Medical Center where I was examined and X-rays were taken of my right femur. The doctor diagnosed me with a transverse fracture of my left femur bone. The femur injury was treated surgically with intramedullary nails. Due to the severe pain I was also prescribed pain relief medication.

I was in considerable pain for the next two weeks. Recovery took four months, and I missed three weeks of work. When I did return to work I was still in pain and very stiff. I was required to use a wheelchair and my leg was in a cast, which made my job very difficult. I continued to require physical therapy for my injuries for another two months. My injury has interfered with my sleep, driving, and recreational activities. I continue to suffer occasional stiffness and sleep disruptions.

Medical expenses for my injuries, including a bill for hospital costs, physical therapy, and doctor's expenses are as follows:

Plano Med. Center emergency room visit $20,000
Plano Med. Center (X-rays) $400
Prescription medication $500

TOTAL  $20,900

Lost wages for the three weeks of missed work total $2400 (120 hours at $20 per hour). A letter from the personnel office of Best Buy has been included.

Due to the extended pain and discomfort of the last several months and the continued pain and suffering my life has been severely disrupted. I also was forced to cancel a scheduled vacation for my 20th wedding anniversary with my wife to Hawaii. As a result, I am also demanding additional compensation for my pain and suffering in the amount of $10,000.

Please respond within 30 days from the date of this letter.

Very truly yours,

David Jones