A demand letter can be a very effective tool in helping you achieve the compensation you deserve following an accident or injury, but they can also serve to slow down the compensation process if crafted poorly, so it’s important to take some time and really think about what you’re putting in a demand letter. This is easier said than done, especially since you’ve probably never written a demand letter before. In today’s blog, we share some tips for writing an effective demand letter for your Minnesota injury case.
How To Write An Injury Demand Letter
A demand letter is a document that informs an individual or an insurance company about an incident, your injuries and the damages that you are seeking. The letter will also explain why you believe you are entitled to these damages. Getting all that information into a short demand letter won’t be easy, but the process will be simpler if you keep these tips in mind:
Hire A Lawyer – One best advice is to outsource the job to a professional. Dean and the team at Margolis Law Firm have written thousands of demand letters, so not only are we familiar with the structure, we also know how to say exactly what needs to be said to suggest that you have a strong case. Hiring a lawyer to draft your demand letter also suggests that you are serious about your intent to collect damages, and your letter is much less likely to be brushed off by the other party when it comes printed on a law firm’s letterhead. Since demand letters can also serve to hurt your case if written poorly, we highly suggest that you hire a lawyer to draft the demand letter for you.
Keep It Professional And Clear – If you are going to write the letter on your own, you need to take a professional tone with the letter. If you’ve been injured as a result of someone else’s actions or negligence, it can be very easy to take an aggressive or angry approach to this letter, and that will only serve to make it harder to win your claim. Take a professional tone and be very clear about what types of damages you are seeking and why you believe you are entitled to those damages. For example, you may say that you are seeking $6,000 in damages to cover the $6,000 in medical expenses that you incurred as a result of your accident.
Don’t Discuss Punitive Damages – Punitive damages are awarded as a way to punish one party for their dangerous or egregious actions. Obviously the other side is going to contest that their actions rose to this level, so talking about punitive damages can ruin your likelihood of entering good-faith negotiations with the other side.
Discuss A Timeline – You want a response in a timely manner, but the other party isn’t legally required to respond to your demand letter in a specific number of days. Talking about a timeline without expressly demanding an answer by a specific date can help to get the ball moving with your claim. Let them know when you expect to receive a response by (one month is typically a fair turnaround time, but don’t expect it to necessarily move this quickly, especially without a lawyer). Also let them know what your intentions are if you do not hear from them within this reasonable timeline.
Send By Certified Mail – Finally, send your letter by certified mail and request a return receipt so that you can prove that the other party received your letter. You’ll want to document every step you take and cover your bases when possible, and sending the letter by certified mail can help you in the event that the other side claims they never received your demand letter.
Again, we can’t stress enough how important it is to connect with a lawyer during the demand letter process. If you want to showcase that you are serious and give yourself the best chance to earn a fair settlement, you need to have a lawyer by your side. If you try to do everything by yourself, odds are your claims won’t be taken seriously, or you’ll be strung along with slow communication and lowball offers. Let Dean and the team at Margolis Law Firm help you start your claim off right with a strong demand letter. For more information, or for help with another aspect of your injury case, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.