Writing a personal injury demand letter (How is this done? Can this be done on my own?)
A demand letter usually sets out the relevant facts of the case in chronological order. Yes, you can write your own (although we recommend at least consulting, if not retaining, an attorney).
- Liability – How the at-fault party was negligence; how their negligence caused your injury. Technically, you would establish the defendant’s duty of care and their breach of that duty.
- Summarizes the injuries (symptoms, medical attention/diagnosis & treatment/prognosis upon release – both in terms of frequency, duration, and treatment modalities
- Summarizes the medical bills/charges
- Summarizes any other out of pocket expenses (prescriptions, lost wages, etc)
- Summarizes pain & suffering (adverse impact on lifestyle because of injuries, treatment, and any residuals)
- Includes an initial demand (inflated above the case’s actual value to allow for negotiations upon receiving the defendant adjuster’s initial offer (which is usually well below the case’s actual value)
Remember, having a personal injury attorney helping you through this process can make all the difference in your case. Get the facts. Stop guessing.