Demand Letters in Civil Suits

While presenting a personal injury claim before a judge may seem like the only way to receive compensation, forcing the other party to settle the dispute in a courtroom is not always necessary. Sending a demand letter can be just as effective, in addition to being less expensive and stressful, in the pursuit of justice.

If a person is injured as a result of someone else’s negligence, an attorney representing the injured will send a demand letter to insurance company adjusters. Attorneys send demand letters in an attempt to recover money for their client without the necessity of filing a lawsuit. These letters are sent after the person has completed medical treatment. Liability has typically been accepted by the insurance company, and the claim is in a position to be settled.

The demand letter will include supporting documentation of the claim for medical expenses, lost income, out-of-pocket expenses and pain and suffering.  It will outline the injuries and treatment while also notifying the insurance company of the amount sought for compensation for the injured person.

The insurance adjuster will review this information, extend a counter-offer, and negotiations will begin. It may take several offers and counter-offers until a claim is ultimately settled. If the final settlement offer is not acceptable, then a lawsuit may be filed on behalf of the injured person.  A judge or jury would then determine the amount of compensation awarded to the injured person.

If you believe you have a civil case and want to discuss it with the attorneys at Alperstein & Diener, please contact Patricia Cleaveland or Lynn Hoffman. We will be happy to discuss the paths to recovering money that we can pursue for you.