What is a Demand Letter and How are They Used in a Personal Injury Case?

Here at the Sweeney Law Firm, we go through multiple avenues to try to resolve your case quickly while at the same time, try and get you the maximum amount to make you whole. One of the more popular methods we use is a demand letter. We use demand letters in car accidents and other types of negligence suits that do not require expert witnesses. A demand letter is sent before a lawsuit is actually filed in order to save the client costly filing fees. In Indiana the average lawsuit will cost around $180 to start a legal proceeding.

The demand letter is very similar to a Complaint because it contains all the facts that would justify a legal action. We also include a summary of all the medical treatment a client has undergone as a result of the incident as well as a summary of the bills or lost wages they have incurred.  

In the demand letter, you state what your dispute is and why you want to handle it in court. The demand letter must also contain the amount for which you are suing or the specific relief you seek. You submit this letter to the person with whom you have the dispute, often the insurance company insuring the at fault party. While you do not need legal drafting experience to compose a demand letter, it does need to be clear and well organized. 

Many times, cases will be settled after a demand is submitted to the at fault party, but if the parties are unable to reach a resolution, a lawsuit will be filed at that time. If you have any questions about personal injury cases or medical malpractice please do not hesitate to give us a call.