Checklist For Writing a Demand Letter For Damages and Payment
Usually, the demand letter is the first official document sent to initiate your strongest case summary. Your attorney will draft your demand letter in a persuasive way that is credible and factual with the hopes of establishing a line of open communication to lead to your case being settled successfully.
The amount demanded will be a calculated amount based on a number of things that can include, but are not limited to:
1. Medical Bills (Past, Present, and Future)
Medical bills are going to be the most important documents to the case because they are held with a greater weight to insurance companies because they have their own priorities. A $20,000 surgery bill combined with a $10,000 prescribed specialist bill is more impressive to insurance companies and make evaluations of special damages more credible.
2. Lost Wages (Present and Future)
Loss of income is the next important thing to remember to put on the demand letter. Whether the income be from present loss or future, all claims must be met with proper documentation from the employer and doctors. If not, adjusters will reject the request.
Demand for damages for pain is difficult to put an actual number on. Evidence and duration of real pain are hard to show. It is possible that by providing pictures, doctors’ reports, hospital records, refer to medical procedures, mention medication side effects, provide physical therapy notes, and statements from witnesses not within the legal or medical profession, an adjuster will consider the request to be compensated for the pain.
The mental and emotional portion of pain is what the legal world describes as suffering. Suffering can be proven by a doctor testifying on the new limitations the plaintiff has to deal with. Or, if there is physical documentation proving that the plaintiff could participate in prior activities such as playing with their kids or being romantic with their partner, but post-accident no longer can; it may be used to prove to suffer as well.
These areas are the most important of your personal injury claim. Your attorney will work to maximize your damages to ensure you receive fair compensation for your damages and injuries.