How to Write a Legal Demand Letter
The purpose of a demand letter is to present a formal explanation of your claim, along with a statement of what you expect in the way of compensation. While a simple telephone call is sometimes sufficient, most insurance companies require that you advance your demand in written form. A well-written demand letter gives you the opportunity to show the strength of your claim as well as your commitment to pursuing compensation for your loss.
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Instructions
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Collate records that document your loss. Make a list of what property was damaged by the incident, and identify the reason why each item is related to your claim. For example, include the bill for repairing a dented fender, documentation showing how much time you lost from work as well as medical bills or any other similar expenses.
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Make photographs of any physical evidence that supports your claim. Pictures should help to prove the validity of your claim and should relate to either liability or damages. For example, take a picture of the broken pavement that caused you to fall. Also take a picture of any damages cause by the incident. Assume that your pictures will be placed before a jury, and select them with that in mind.
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Research the applicable laws. Sometimes liability can be established by proof that your opponent violated a law or regulation. For example, if you slip in the apartment laundry room and cut your knee on the glass door, find legal documentation that shows the doors were supposed to contain safety glass helps to prove liability.
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Obtain copies of any reports generated by law enforcement or medical personnel. Police reports will show whether a citation was issued or a person arrested, either of which can be used to establish liability. Medical reports are used to establish damages.
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Draft your demand letter. Begin by identifying the relevant facts that establish liability. Using pictures and other written documentation as support, explain how you were injured and why the other side is at fault. Identify any applicable laws to support your claim. After discussing liability, proceed to discuss damages. Your discussion should include not only those expenses you incurred out-of-pocket, but any future damages you expect to incur. Conclude by making a demand for a specific amount, and identify a specific date by which you expect a response.
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Prepare your demand letter for delivery. Once drafted, collect the photographs, bills and police or medical reports, and attach them to your demand letter. If you mention it in your letter, it should be included in the packet. Ship the demand letter by certified mail with proof of delivery.
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Tips & Warnings
Your demand letter should show the insurance adjuster how your case will look when presented to a jury and should encourage him to want to settle without incurring the expense of a trial. Above all, however, be professional. Don't insult your opponent. The goal here is to get him to make a simple business decision. You want him to conclude that it would be better to settle the case and get it over with, rather than spend the money on a trial.
Proceeding without counsel is risky. A competent, experienced attorney will be able to identify areas of liability as well as damages that you may not have thought of. Once you settle your case, there is no way to revisit that claim, so you should only settle if you are sure that the amount you will receive is adequate.
Resources
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