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Drafting a Demand Letter

Drafting a Demand Letter 1The demand letter is part of the personal injury claims process, as it demands that the negligent party pay a settlement that satisfies the monetary damages done to the accident victim. The letter is sent by the victim’s attorney to the insurance company of the party responsible for the accident that caused the injury. This letter lays out a number of things, including telling the injured person’s side of the case. It details how the injuries happened, what the injuries are, and how the injuries are being treated.

The letter may also outline how the injured person’s life has been affected by the injuries. Before the letter concludes, there is a specific dollar amount demanded by the injured person so they can pay their expenses. The letter states that if the insurance company of the person named in the letter or the person pays the dollar amount, then they will be released of liability.

What Happens after the Demand Letter is Sent?

After the car accident demand letter is sent, the insurance company can accept the demand and move forward with the settlement. This is the simple way because this means the compensation that was asked for will be received. A release of liability will be signed in the exchange and everyone will go on with their lives.

Nonetheless, it is quite rare for a settlement to happen without some negotiation taking place. The insurance companies don’t normally pay so easily because they want to protect their bottom lines. This means it is more likely that the insurance company will make a counter-offer. It is up to the injured to accept the offer or not. If not, then negotiations can continue or a lawsuit can be filed.

It is common for the negotiations to go back and forth for a while before trial becomes a possibility. Most cases conclude with a settlement, which means a very small percentage ever see trial. This can be in the best interest of the injured since it is faster and settlement keeps costs as low as possible.

However, there are times that the case needs to go to trial. At Brotherly Law, we have seen clients with strong cases not get the settlements they deserve, but they go to trial and receive a damage award that is quite large. The trial process can be lengthy, expensive, and frustrating. However, the end result can be very rewarding. If trial becomes a possibility, we will discuss this with you so you can make an informed decision.

When Insurance Companies are Silent

There are times when the insurance company won’t respond. You know you sent it to the right party, but they aren’t saying anything. Your attorney will send a follow-up letter to make sure the original letter was received. If there is still no response, this is one of those cases where filing a lawsuit may be necessary.Drafting a Demand Letter 2

In order to file a lawsuit, a document called a “Complaint” must be drafted. This document lays out the facts in the case and states that each claim, called a “cause of action” is being pursued against the defendant, which is the person you are suing.

From there, the process moves into the discovery phase where important information is obtained. It is important to know that settlement can still be reached during the lawsuit process. The defendant may decide at any time that they’d like to offer a settlement before a final verdict is reached. The matter will go into mediation and an attempt is made to settle.

If a settlement isn’t reached during the trial, then the trial will continue. A judge or jury will decide what will be recovered and how much. Most cases settle before they ever reach this point.

Personal Injury Representation by Experienced Philadelphia Accident Attorneys

Part of achieving a settlement as soon as possible after an accident is the drafting of a demand letter that tells the alleged negligent party that they need to settle damages for the accident that the plaintiff says they caused. This letter has to be carefully drafted so that it includes all of the important details. However, that doesn’t keep the insurance company from asking questions, making it imperative for an experienced attorney to be on the receiving end of those questions. If you have been injured due to someone else’s negligence, Brotherly Law can help you pursue the other party for the monetary damages you deserve. To learn more, call us at (215) 545-8500 or contact us online to schedule a free consultation.

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If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.

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