Personal Injury Car Accident Demand Letter

Personal Injury Car Accident Demand Letter

Photo by Scott Graham on Unsplash Truck accident injury claims (or any claims involving a commercial vehicle) are best handled by an experienced personal injury attorney. Working with an attorney who is experienced in handling personal injury claims helps to ensure a victim receives fair compensation and also guards against making statements that could potentially damage reaching an agreement or winning the case. Preparing the Demand Letter The demand letter is a crucial first tool for filing a personal injury claim. A clear and well-written demand letter outlines damages in a manner that is truthful while only communicating the facts about the injury and its costs to the victim. It also provides details of what amounts the victim is willing to accept to settle their claim. It is a signed, official statement of the victim’s account of the accident. A demand letter should be written and sent promptly, because there are time limits for a victim to file a personal injury claim. In New Mexico, the statute of limitations varies based on the type of personal injury claim being filed. The state’s civil statutes range from three years for injury to person and four years for damage to personal property. There are also criminal statutes of limitations that may apply, and each type of claim (and criminal charge) may involve a different time limit.

Grammar, spelling, attention to detail, and even the layout of a demand letter are important. Ensuring names are spelled correctly assures that all the parties involved are identified correctly. Knowing when and how to use approximations, such as “at approximately 12 noon, ” is another key element in constructing a demand letter. Let’s take a closer look at the personal injury demand letter to better understand the purpose behind each of its parts. A sample personal injury demand letter template is also provided. The Heading of a Demand Letter

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The heading of a personal injury claim’s demand letter includes the date the letter is being prepared, followed by lines of information that spell out the relationships of the parties involved. Looking at the provided template that follows, “My Client” would include the name and address of the injured person filing the claim. “Your Insured” is where the name and address of the at-fault truck driver would appear. “Claim #” refers to the identifying claim, policy, or related file numbers. “Date of Loss” is the date when the accident occurred. After this block of information is a standard greeting (“Dear Adjuster” in the included template), followed by an introduction that states the letter’s purpose: “The following is the requested demand for . As previously discussed…” Outlining Injury Claims and Costs This will be the longest part of the demand letter. Presented here are details about the accident itself and the victim’s injuries. Also included in this part of the demand letter are the specific costs to the victim for injuries, damages, losses, ongoing care, and other resulting impacts. Your letter should take the reader through a detailed account of the accident, and what followed. Be sure to describe your injuries, as well as damages and losses (such as the value of a totaled vehicle or lost wages because of time off work) in complete detail. Don't forget to include general damages too, such as pain and suffering or emotional distress caused by the accident. Conditions leading to the sustained injuries, such as the location of the accident, road conditions, the other driver’s behaviors are all vital details to include. The letter should also note why the at-fault truck driver is believed to be responsible for the accident, but sticking to only what is descriptive and factual about the incident. These details will need to be supported through the documentation attached to the demand letter, as will all the details that have been included. The Terms of a Settlement Demand In the closing paragraphs of the personal injury claim demand letter, the victim briefly restates their case – ideally in just one sentence. This is followed by a dollar amount that the victim is willing to accept to settle their claim in this accident. Also included is a timeline for the at-fault truck driver (or their representatives) to either accept or deny the victim’s demand. One copy of the demand letter is sent to the at-fault truck driver’s insurance company (or to the defendant alone if there is no insurance company involved). Another copy is kept on file with the victim, and a third printed copy used as a “working copy” throughout the settlement negotiations. Working with the experienced attorneys at Kane Personal Injury can help move the demand letter and the entire claim process forward more thoroughly, timely, and effectively.

Demand Letter Templates

Please note that this article was created for advertisement purposes, and it does not constitute any contractual legal relationship, nor imply one .A personal injury demand letter is a document that requests a settlement for injuries incurred during an accident.  The individual is seeking payment for personal injury only.

All details surrounding the injury(s) in question should be provided. If treatment was received for the injuries the treatments and any future treatments that may be needed for each injury.

Advise that there is an opportunity for the individual or legally responsible insurance agency to settle for a set monetary amount. Ensure the amount listed is itemized with all expenses incurred and any future financial needs.

Demand

Process Of A Personal Injury Claim » Weierlaw Injury Attorneys

The Personal Injury Demand Letter should be sent via certified mail or in a form that will provide evidence it has been received.

, 2017 I suffered severe and critical injuries, when the actions of your insured, Corin Matthews, caused a most horrific car accident. Your insured failed to stop at a red traffic signal and violently crashed into my vehicle.

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While I have been advised by several medical experts and doctors that my condition is now more stable, I have suffered significant pain and suffering and will continue to do so for many years to come. I would like for you to review the information I have provided below, and documents attached, to help facilitate and expedite my settlement claim.

How To Negotiate An Insurance Settlement For Your Car

, 2017 I was approaching the intersection as the light was green and clearly in my favor. While I was at the intersection of Scottsdale Road and Shea Boulevard with the intention of heading north toward Cafe Monarch; your insured, Corin Matthews, struck my vehicle so forcefully and without warning that my car was forced into a median at which point both the median and the electrical post fell and hit my car. This severe accident was due to the fact that your insured was going too fast to stop in a timely and safe manner. Had the insured appropriately headed the red traffic light, this accident could have been avoided.

Sample

You will see in the pictures attached the severe damage to my vehicle and myself. I was rushed to the Emergency Room at which point I needed emergency surgery to amputate my foot. The crash, caused my right leg to be ripped in shreds and was crushed beyond repair. Imagine my surprise and emotional distress when I woke up to the horrific scene of no longer having one of my legs. From that moment, I have undergone physical and mental therapy. I have had to tend to other wounds incurred on my head, arms, and back (please see attached pictures). I have yet to return to work and will not be able to continue my job until I am no longer taking the pain medication and needless physical therapy (currently I am still undergoing 3 hours of rehabilitation each day and 1 hour of mental therapy).  Below you will find a summary of the damages to date:

Your insured was rightfully cited by the authorities and is clearly liable for my losses and injuries. Your insured’s negligence has forever changed my life and they are a direct cause of my injuries, pain and suffering. I hereby make demand of $565, 759.60 for my injuries, loss, pain and suffering which were in direct correlation with the accident your insured has caused.  Please respond back to this demand letter no later than 30 days from the postmarked date.

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What Makes An Effective Car Accident Demand Letter?

Thank you in advance for your time and consideration of the above claim. Should there be any questions additional details needed, please do not hesitate in contacting me.

By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website.A car accident waiver and release of liability, also referred to as a “settlement agreement“,  is a legally binding document that, when signed, guarantees that a settlement will be finalized outside of the legal system. When in a car accident involving two cars, there is the option to settle the damages and injury out of court. The purpose of the form is to make sure that the person who signs it will not sue the other party involved after the fact. Therefore, the goal of this form is to settle a dispute which arises from a small accident,

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, 2017 I was approaching the intersection as the light was green and clearly in my favor. While I was at the intersection of Scottsdale Road and Shea Boulevard with the intention of heading north toward Cafe Monarch; your insured, Corin Matthews, struck my vehicle so forcefully and without warning that my car was forced into a median at which point both the median and the electrical post fell and hit my car. This severe accident was due to the fact that your insured was going too fast to stop in a timely and safe manner. Had the insured appropriately headed the red traffic light, this accident could have been avoided.

Sample

You will see in the pictures attached the severe damage to my vehicle and myself. I was rushed to the Emergency Room at which point I needed emergency surgery to amputate my foot. The crash, caused my right leg to be ripped in shreds and was crushed beyond repair. Imagine my surprise and emotional distress when I woke up to the horrific scene of no longer having one of my legs. From that moment, I have undergone physical and mental therapy. I have had to tend to other wounds incurred on my head, arms, and back (please see attached pictures). I have yet to return to work and will not be able to continue my job until I am no longer taking the pain medication and needless physical therapy (currently I am still undergoing 3 hours of rehabilitation each day and 1 hour of mental therapy).  Below you will find a summary of the damages to date:

Your insured was rightfully cited by the authorities and is clearly liable for my losses and injuries. Your insured’s negligence has forever changed my life and they are a direct cause of my injuries, pain and suffering. I hereby make demand of $565, 759.60 for my injuries, loss, pain and suffering which were in direct correlation with the accident your insured has caused.  Please respond back to this demand letter no later than 30 days from the postmarked date.

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What Makes An Effective Car Accident Demand Letter?

Thank you in advance for your time and consideration of the above claim. Should there be any questions additional details needed, please do not hesitate in contacting me.

By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website.A car accident waiver and release of liability, also referred to as a “settlement agreement“,  is a legally binding document that, when signed, guarantees that a settlement will be finalized outside of the legal system. When in a car accident involving two cars, there is the option to settle the damages and injury out of court. The purpose of the form is to make sure that the person who signs it will not sue the other party involved after the fact. Therefore, the goal of this form is to settle a dispute which arises from a small accident,

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