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A Demand Letter That Will Win an Insurance Claim

Miami personal injury attorneys
| No Comments on A Demand Letter That Will Win an Insurance Claim

Many people who suffer injuries due to the negligence of others are ashamed to seek compensation, and others dread what they perceive to be a long and difficult legal process.  However, there is no reason to feel this way because a victim deserves to be compensated for his suffering. An experienced Miami personal injury attorney can assist in filing personal injury cases and negotiating insurance settlements, taking the burden off of the injured party’s shoulders.

Victims of others’ negligence are entitled to collect payment on damages, and this payment usually comes in the form of a settlement from the responsible party’s insurance company. For this reason, personal injury victims must write strong and effective demand letters in order to win insurance claims. Here are some key components to emphasize when writing a winning demand letter.

The Accident

It is essential that a demand letter starts by identifying liability. It must argue why the insured person and not the victim, was at fault. Clearly describe where the victim was and what the he/she was doing right before the accident, and then explain how the accident actually happened. If there is any outside information that supports the victim’s claim (such as a police report or eyewitnesses’ statements), be sure these supporting documents are attached to the demand letter.

Injuries and Treatment

Descriptions of the nature of the victim’s injuries are an essential part of an effective demand letter. When describing injuries, emphasize the pain they caused and the negative impact they had on the injured party’s daily life. If the victim was left with permanent disabling or disfiguring injuries, such as scarring or soreness, be sure to explain them in detail. When describing treatment, focus on the length and difficulty of recovery, as well as the amount charged for medical expenses. Avoid using overly dramatic descriptions though, instead remain truthful and use appropriate medical terms whenever possible.

Lost Income

This piece of information adds to the list of negative effects the injuries had on a victim’s daily life, and should be included in a demand letter. State how much time the victim has missed from work and how much income was lost due to the debilitating nature of his or her injuries. Do not forget to attach a letter from the injured party’s employer verifying this information.

Settlement Demand Figure

At the end of such letter, a demand of a specific sum of money must be made. This specific sum of money is the total compensation for a victim’s pain, suffering, lost income, and any other losses. For the demand letter, it is advisable to set the compensation figure higher than what it is probably worth, about 75 percent to 100 percent higher than what would satisfy the victim. This allows room for negotiation with the insurance company later on.

Personal injury victims should not feel guilty about holding negligent parties accountable and seeking compensation. If you wish to learn how our experienced Miami personal injury attorneys can help you file a personal injury case and get an insurance settlement that awards you what you are owed, call us today for a free consultation.

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