Writing A Settlement Demand Letter

In Florida, accident victims are often entitled to compensation for their medical bills, lost wages, and property damage. Recovery can be pursued in a couple of different ways, but one of the first steps should be filing a claim with the at-fault party’s insurer. This process is in turn, initiated by writing a settlement demand letter, which is basically a letter that describes the nature of the claimant’s accident and requests compensation for related losses. Drafting a settlement demand letter can be complicated and any missteps could result in a lower award, or even a denial. To ensure that your own claim has the best possible chance of success, please reach out to a dedicated Fort Lauderdale personal injury lawyer for help.

What is a Settlement Demand Letter?

Settlement demand letters are, as their name suggests, a communication with an insurer regarding compensation after an accident. The type of insurer that a claimant sends a letter to will depend on the type of accident in question. An accident on someone else’s property, for instance, will usually go through that person’s homeowners’ insurer, while a car accident will be handled by a driver’s auto liability coverage provider. Besides requesting a specific amount of money in compensation for an accident involving the policyholder, these letters also require a detailed account of the nature of the accident, as well as supplemental documentation of the losses to be recovered.

Remain Calm

One of the most important things that an accident victim can do when sending a settlement demand letter is to remain calm during its drafting. An angry or confrontational tone, for instance, will rarely help negotiations go more smoothly. Instead, claimants should use a professional and formal tone and avoid making over-the-top demands, which could just end up backfiring.

Mention Specific Details

Mentioning unique and specific details about a case can also be helpful when writing a settlement demand letter.  Details regarding and evidence of medical bills and lost wages, for instance, should be included in the letter. Even other factors that may seem tangential are worth touching on. A claimant who saw a loved one sustain a terrible injury in the accident, for instance, may want to mention this in the settlement demand letter, as it could pave the way for an emotional distress claim down the road.

Mention All Damages

Besides details of the accident, claimants writing settlement demand letters should also be sure to mention all of their damages, including their medical bills, lost wages, and property damage, as well as details about the severity of their pain and suffering. Requesting further damages after sending an initial demand letter is complicated and usually won’t be successful, so it’s better to mention these losses from the beginning.

Consider Retaining an Attorney

Even the most careful and detail-oriented claimant could end up missing something important if he or she sends a demand letter without the aid of an attorney. To ensure that this doesn’t happen to you, please call the dedicated Florida personal injury lawyers at Boone & Davis to schedule a free case review. We can be reached at 954-566-9919 or via online message.

Resource:

floridabar.org/rules/florida-standard-jury-instructions/civil-jury-instructions/civil-instructions/#500