After you are injured due to negligence, the first step you and your attorney do will be to pen a demand letter. This is a letter that will include all the information regarding your case such as damages, income loss, and injuries. The following are the different parts of a demand letter:
The first thing to do is describe the accident. Talk about what happened in the accident, what led up to it, and what you were doing when you were injured. Describe what you were doing just before the accident and how the event took place. In this section, you will also discuss witnesses, reports from law enforcement, and any other information.
Determining Comparative Negligence
Comparative negligence is a term used to determine your amount of fault in an accident, if any. You will need to strongly emphasize in your demand letter that you are not the reason someone was hurt. Do not overuse comparative negligence or take advantage. Always be straightforward, but do not take blame if you feel you didn't cause the accident. If you are at fault somewhat, do not mention it in your letter. Instead, use your portion of negligence to help determine your settlement amount. If you are responsible for 20 percent of the accident, take that amount of your final figure.
List Of Injuries
You will also need to include a list of your injuries. You will need to emphasize how much pain and suffering has been caused by your injury and how it has affected your daily life. When writing this letter, be sure to work with a medical professional so that proper medical terminology is used. Also, include the different treatments, medications, and medical treatment you received.
In the letter, a section about income loss should be included. This will include the days you missed at work and the amount of sick time you had to use. You will want to attach a letter from your human resources detailing the days you have missed.
The last portion of your letter should also include the settlement figure. You should demand a certain amount higher that you expect to receive. This is done so that there is room to negotiate with the insurer of the negligent party.
Once the letter is ready, send it along with copies of all evidence such as bills, medical statements, and letters from witnesses that will support your case. You may also want to consider a lawsuit if you do not get anywhere with the insurer. Contact a business such as Littman & Babiarz Law Office for more information.