The demand letter is an important part of the personal injury or liability claim, as it helps to provide the baseline for what a petitioner believes they are owed. It has to be rooted in fact, medical expertise, mathematics and more, and the complex nature of injury cases can leave a person confused when trying to draft this demand letter. For these reasons and more, it’s imperative that you have an injury lawyer by your side if you are planning to draft and file a demand letter.
Why You Want Legal Help With Your Demand Letter
Demand letters are quite common in instances where someone is trying to collect damages or monetary compensation from another party. You’ll see them in injury cases or in situations where a landlord fails to return a tenant’s security deposit. At the very basic level, this demand letter states your intent to collect a specified amount of money from the defendant. In some instances, this professionally drafted letter can result in the other party paying you what you’re owed. This is more common in a landlord-tenant dispute because the facts are less up for dispute than they tend to be in an injury case.
However, more often than not, the case doesn’t end with the demand letter, and that’s perfectly fine. With that said, it doesn’t mean you should put minimal effort into your demand letter on the assumption that your demands will be rejected. You want to make it as clear as possible why you believe you’re entitled to everything you are asking for in the demand letter, and oftentimes a person who is unfamiliar with the system doesn’t have the understanding of the system such that they can maximize their award opportunity with this letter.
Most injured parties would be capable of filling out a demand letter to some extent. You could attach your medical bills and ask for them to be recouped, but there are plenty of other avenues to pursue and include on your demand letter, and that’s where a lawyer can step in and ensure everything is in order. Aside from current medical bills, you may want to consider demanding compensation for any of the following relevant factors:
- Lost wages
- Pain and suffering
- Equipment related expenses
- Travel expenses pertaining to your injury
- Property damages
- Future lost wages
- Future medical expenses
- Medications and therapy-related expenses
But even if you’re aware that these are factors worth including in your demand letter, how do you go about calculating an award amount? There’s so much more that goes into it than meets the eye. For example, you may want to collect damages for lost wages, but how does a secondary income, seasonal work or overtime pay factor into what you should be asking for? How can you put a price on pain or permanent scarring? Oftentimes it’s impossible for an individual to put an accurate gauge on what these injuries are worth, and overestimating or underestimating your damages can severely hurt your case.
That’s where a lawyer will come in. We have access to past payouts and can put a much more accurate gauge on how much you should be demanding for current and future injuries and lost wages. We can ensure that you’re not only covered for your current expenses, but any future expenses or lost earnings that were a result of the accident. Let us work with you to craft an accurate demand letter to get your case started on the right foot and show the insurance company that you mean business. For more information or for assistance with your demand letter or any aspect of your case, reach out to Dean and the team at Margolis Law Office today.
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