What Happens After My Lawyer Sends a Demand Letter?
You can seek compensation through a personal injury claim when you are injured because of someone else’s wrongdoing. The first step of a personal injury case is usually sending a demand letter asking for money. Your attorney sends the demand letter to the opposing party or insurer, serving as a formal compensation demand.
What Is a Demand Letter?
A demand letter is a written document demanding specific action or seeking compensation. People often use demand letters to resolve civil cases without going to trial. They are a starting point for independent settlement negotiations.
What Is in a Demand Letter?
The contents of a demand letter depend on the specific of your case, but some common elements may be included:
- Introduction: The demand letter should clearly state your legal claims and the relief you are seeking. It should also identify all the parties involved and provide some background about the dispute.
- Factual basis: This section should provide details that support your claims and may include dates, locations, and other relevant information.
- Legal claims: The letter should identify all your legal claims and explain the legal basis for your claims.
- Evidence: The letter can include a summary of evidence that supports your claims. This may include witness statements, photographs, medical records, or other documents pertinent to your claims.
- Losses: The letter should specify the relief you are requesting. This may include monetary damages, specific performance, or other forms of relief.
- Demand: This section of the demand letter should also include the consequences if the opposing party fails to comply with the demand.
Having an experienced attorney send a demand letter that effectively communicates your legal claims and demand can help achieve a favorable result in your case.
What Can Happen After Your Lawyer Sends Your Demand Letter?
Your injury attorney will send the demand letter to the opposing party on your behalf. The opposing party may react to your demand letter in several ways, including:
- The opposing party agrees to your demands: The opposing party may agree to your demands, allowing you to settle quickly. If the opposing party agrees to your demand, your attorney may draft a settlement agreement. Once you and the opposing party sign the agreement, it becomes a legally binding contract.
- The opposing party rejects your demands: If the opposing party rejects your demands, your attorney may attempt to negotiate a settlement agreement. Negotiations may involve substantial back-and-forth. Your attorney can take the case to trial if you cannot reach a settlement agreement.
- The opposing party ignores the demand letter: The opposing party may ignore your demand letter. If this occurs, your attorney may recommend that you file a lawsuit. Once they file a complaint, the opposing party will receive a copy of the complaint and have a set amount of time to file a response.
- The opposing party responds to the demand letter with a counteroffer: Sometimes, the opposing party will counter your demand letter. You can review the counteroffer and negotiate a fair settlement when this happens. You may also choose to go to mediation to resolve the dispute.
- The opposing party threatens legal action in response to your demand letter: Sometimes, a party may counter your demand by threatening legal action against you. When this happens, your attorney may assess the strength of their and your claims and determine the likelihood of success in court.
- The opposing party requests additional information: When you send a demand letter, it usually provides the necessary information to support your claim. However, an opposing party may sometimes request more information to determine whether to accept or counter your demand. Your attorney can review the information request to determine whether it’s reasonable.
What happens after you send a demand letter depends on the specifics of your case and the parties involved. For example, if you were injured in a car crash and sent a demand letter to an insurance company, they may accept liability and make a counteroffer. Or they may refuse the claim entirely.
Contact Loewy Law Firm to Draft and Send Your Demand Letter
Working with an experienced attorney who can draft an effective demand letter is essential. A good demand letter can make a difference in how your case proceeds. Having an accident attorney at Loewy Law Firm on your side can make a substantial difference in your case.
Contact us today at (512) 280-0800 or fill out our online form, and someone from our team will contact you as soon as possible.