Personal Injury Lawyer Lakeland, FL
After an accident, a personal injury lawyer Lakeland, FL trusts might send a demand letter to the defendant’s insurance company (or the defendant if they do not have any insurance). This letter essentially notify the party that the plaintiff has filed a claim against them.
Why Demand Letters Are Used
Demand letters act as the initiate to a settlement negotiation. Although any victim of a negligent act should be ready to go to court, most cases do not. Rather they are settled out of court through negotiations, mediation, or arbitration.
When applied in this sense a demand letter is a type of negotiation tactic. Insurance companies have their interests in mind when making an offer to settle; therefore, it is very important to let them know that the victim is serious about their case and will not settle for less than what they deserve. If the insurance company becomes aware of this, they are more likely to offer reasonable amounts of compensation.
What You Should Know About Demand Letters
As a plaintiff, you will not have to draft your own demand letter. This is done by an experienced Lakeland, FL personal injury lawyer. That being said, it may help to understand how they are used and what may be included in them.
What May Be Included in a Demand Letter
Often the first thing included in a demand letter is the facts which led up to the accident. These facts may be viewed differently by the insurance company which is why it is important for your Lakeland personal injury lawyer to use the letter as a way to inform the defendant about supporting evidence that backs your version of what happened.
These facts must be detailed in a precise way so that there is an emphasis on the liability of the defendant; therefore, are less likely to argue comparative negligence.
A demand letter should indicate an amount that settles your personal injury case. This amount is the “demand”. The demand should be weighed next to the costs of failing to accept it. Your personal injury lawyer in Lakeland, FL might also include benefits of accepting the demand, and also that a failure to accept could result in a trial which would be a greater cost to the defendant. Lawyer fees, court costs, and other costs may also be listed.
Your demand letter should also include how the laws of your state support your position as the plaintiff. It should discuss the cause of action, which is negligence, and any other relevant legal issues.
Other Important Things to Include in a Demand Letter
- The fact that the insurance company has the opportunity to settle for a reasonable amount; thereby could save them money.
- Any supporting documents such as medical records, photographs, bills, reports by experts, and so forth.
- A deadline for the insurance company to accept the offer or decline. This is usually at least 16 days from the receipt of the demand letter.
If you believe you can recover maximum compensation without a demand letter, or even a personal injury lawyer, you might want to think again. A personal injury lawyer Lakeland, FL relies on has the necessary skill, experience, and resources to draft a demand letter that gets results. Call David & Philpot, PL to learn more.