The demand letter gives the other side added time in which to settle. By the same token, it provides the claimant with a way to explain the 2 significant issues in the claimant’s case.
The liability issues addressed in the communication with the demand
The letter’s contents should make clear the charge against the defendant. For what is that defendant being held liable? In light of that objective, it makes sense to hold-off on sending the demand letter until the severity and full extent of the victim’s injuries have become known to the treating physician.
Obviously, no one can be held liable for injuries that resulted from an accident that he or she did not cause to occur. For that reason, a Personal Injury Lawyer in Sherwood Park experience with demand letters has pointed to the need for a few additional statements. The defendant’s level of responsibility needs to be firmly established by means of those statements.
How to address the issues that relate to the claimant’s losses?
The letter’s contents should include a detailed account of the accident. It needs to be clear how the events that took place during that incident allowed for creation of the claimant’s injuries. For instance, was one vehicle exceeding the speed limit? Was one vehicle following the one in front of it too closely? Was either driver distracted?
The letter’s author has, no doubt, been receiving bills for various medical services. The total cost of the medical expenses should be shared with the letter’s intended recipient (the defendant). Moreover, if the claimant has been forced to miss many days of work, then the monetary value of the lost wages should be laid out clearly in the demand-focused communication.
Did the driver or any passengers need to endure pain and suffering? Did either of them experience a high level of emotional distress? If the answer to either of those questions is “yes,” then that fact should be added to the statements about any physical injuries.
All demand letters ought to aim for achievement of a 3rd objective.
After having listed the cost of the medical expenses and the extent of any pain and suffering, the claimant needs to state a monetary figure. That figure should express the amount of money that is being sought as compensation. That represents the demand.
While the letter does give the other side time to settle, it should not be viewed as an invitation to the defendant. The recipient of the demand should not feel free to spend lots of time mulling over a possible response. Indeed, the demanding request ought to be followed by a second request. That would be one that asks for some sort of response to the demand-filled communication.