How to Write a Demand Letter for Personal Injury

Writing a strong demand letter calls for structure, clarity, and a comprehensive knowledge of your case. Read on to learn how to write a demand letter for personal injury that strengthens your chances of getting appropriate pay and properly conveys your arguments.

Step 1: Start with a Strong Introduction

To learn how to write a demand letter for personal injury, you must begin with a short opening that makes clear what you want to do.

Talk about the date of the event, who was involved, and a short description of your injuries. The tone of the whole letter should be set by how sincere you are about getting paid for your injuries in the opening.

For instance, "On January 10, 2024, your insured Mr. John Doe was careless and hit my car. Along with large financial losses, the accident caused major injuries that needed medical care right away."

Step 2: Present the Facts

Pay close attention to what happened in the next part. List the events, where they took place, and who was involved. Stick to the facts; don’t make charges or emotional pleas that aren't backed up by evidence. In order to give a fair and clear story about what happened before your accident, there should be no question.

You might say, “Mr. Doe, who was driving west, failed to yield at the Pine Avenue intersection early in the morning while I was driving east on Elm Street. My car was badly damaged when he crashed into me, and I was hurt.”

Step 3: Detail Medical Needs

Your demand letter largely addresses your injuries, as they will decide your compensation. Share a whole narrative of your injuries, the treatment you had, and how these injuries shaped your life. Attach copies of medical documents, invoices, and any other item supporting your claims.

For example, “X-rays at Mercy General Hospital following the collision indicate a damaged right arm and a concussion. After surgery to mend the fracture, my treatment consisted of six weeks of physical therapy. The harm has damaged my personal and professional life as it has limited my capacity to perform daily chores and resulted in chronic suffering.”

Step 4: Calculate Your Economic Damages

The obvious expenses connected to your injury — medical bills, lost income, and any other outlay of funds resulting from the collision — are known as economic damages. Provide a complete list of these expenses with appropriate documentation.

For instance, “My economic damages — as reported in the accompanying records — include the following:

  • Medical bills: $18,500
  • Physical therapy: $3,200
  • Lost wages: $4,800
  • Medical visit transportation expenses: $300
  • My total economic losses come to $26,800.”

A concise overview shows the gravity of your situation and the expenses you’ve been unfairly saddled with due to the negligence of another person. You’re now halfway through learning how to write a demand letter for personal injury. Let’s continue.

Step 5: Include Non-Economic Damages

Non-economic damages address your intangible losses — that is, pain and suffering, emotional distress, and loss of quality of life. Though more difficult to measure, these negative effects are no less significant.

Many lawyers and insurance firms double the economic damages to determine non-economic damages. Your injuries will determine the range of this multiplier — two to five times the economic losses.

For instance, “I am seeking compensation for the suffering my injuries create in addition to my economic losses. With the degree of my injuries and the continuous effect on my everyday life, I believe a multiplier of three is suitable. I am therefore looking for non-economic damages of $80,400.”

Step 6: Establish the Other Party’s Responsibility

Your demand letter needs to be successful; thus, you really have to show the other party’s responsibility for your injuries. In most personal injury lawsuits, this implies proving the other party acted carelessly.

Describe how their actions — or lack thereof — directly resulted in your injuries, therefore rendering them accountable for the damages you are seeking.

For instance, “It is obvious that the immediate cause of the collision was Mr. Doe’s inability to stop at the junction. Mr. Doe owed it to others as a licensed driver to follow traffic regulations and operate his car responsibly.

He legally bears liability for my injuries, as his carelessness in failing to yield led to the collision causing them.

Step 7: Make a Settlement Demand

A judge reviewing a legal claim.

It’s time to make your settlement demand after outlining your losses and proving the other party’s liability. This is the most you are ready to accept to settle the issue without going to court. Your demand should be more than what you would have anticipated, which will afford you negotiating space.

For instance, “Considering the degree of my injuries, the effects on my life, and Mr. Doe’s obvious responsibility, I am ready to settle my claim for $120,000. This sum is an acceptable and fair settlement to this problem, reflecting both my non-economic and economic losses.”

Step 8: Conclude with a Call to Action

Finish your demand letter with a firm call to action. Specify a date for the opposing party or their insurance provider to reply and show your readiness to proceed with more legal action if needed. This shows that you take your claim seriously and anticipate a quick answer.

For instance, “Please answer this letter within 30 days from the date above. Should I not get a suitable answer within this period of time, I shall review all of my legal alternatives, including suing for the recoupment of damages.”

Final Notes

Keep your letter truthful, professional, and concentrated on the key elements of your case. This strategy not only creates the conditions for discussions but also shows that you are ready to pursue your claim to its fullest extent. Now that you know how to write a demand letter for personal injury, it’s time to take action.

Our primary goal at HoeyLegal is to fight for the justice you are entitled to. Don’t wait if another person’s negligence has caused you injuries. Get in touch now for a free consultation, and let our seasoned legal team assist you in getting the compensation you deserve.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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