Sending a demand letter is a pivotal moment in any personal injury case. It’s more than just a formality; it establishes the foundation for your claim, detailing your injuries and specifying the compensation you seek. It is an opening move in settlement negotiations, initiating a back-and-forth between you and the other party, aiming to resolve the case without the need for a lawsuit.
For many injury victims, though, this step is often shrouded in uncertainty. You may have heard of a demand letter but might not know its role in the legal process or what might happen after your lawyer sends one.
You’ve taken this critical step: your lawyer has sent the demand letter – what happens next? Will the other party accept the terms outlined in the demand letter and offer fair compensation, or will they push back, causing potential delays? This lack of clarity often leads to questions and anxiety about the next steps.
At Marasco & Nesselbush, we’ve guided countless clients through this process, securing over $200 million in verdicts and settlements. We understand that knowledge is power, and our goal is to demystify what happens after the demand letter is sent.
In the sections that follow, we’ll walk you through the potential outcomes of sending a demand letter. Whether the other party chooses to deny your claim, negotiate, or accept your terms, your personal injury lawyer can help you decide the best strategy to respond to the other side’s actions and pursue the best possible resolution for your case.
If you or a loved one are a victim of someone else’s negligence and want legal guidance tailored to your unique situation, don’t hesitate to contact Marasco & Nesselbush for a free case evaluation. Together, we can work toward securing the justice and compensation you deserve.
What Is A Demand Letter From An Attorney?
A demand letter is a formal notice a lawyer sends to the other side or its insurance company before filing a lawsuit. It provides the basic facts of the case, the theory of liability, and the damages sought.
What’s The Purpose Of A Demand Letter?
There are a few purposes of a demand letter:
- To provide an insurance company or other party notice of your claim
- To give the other side the details of your position
- To present your demands for compensation to the other side
- To open a dialogue with the other side and begin settlement negotiations
- To fulfill legal notice requirements under contracts or warranties
What Information Is Included In A Demand Letter?
In a personal injury claim, you or your lawyer will include information about the details of your legal issue. If you are recovering from an accident, your demand letter might outline:
- Details of the accident, such as the time, date, description of what happened)
- The legal theory for why the other side is liable
- Description of the injuries you experienced
- Medical treatments for those injuries
- Economic losses, such as medical costs, lost wages, and property damage
- Settlement demand
The demand letter can also include evidence to support your demands. You might attach income statements, medical bills, and photos of injuries.
An experienced personal injury lawyer from Marasco & Nesselbush can help you gather the necessary evidence to craft a strong demand letter.
How Does An Attorney Send A Demand Letter?
Your attorney will want to prove the other side received the demand letter. This stops the insurance company from saying they never received your demand.
A demand letter might be sent electronically, but there is a risk that the recipient’s email program might delete all messages with attachments. Often, lawyers use the following methods to ensure the demand letter is received:
- Certified mail
- Fax, if privacy and confidentiality concerns permit
- Courier services, including FedEx and UPS
Your lawyer will keep confirmation the document was received, specifically:
- Fax confirmation notice
- Courier receipts
- A certified mail tracking number or postmarked mailing receipt
These confirmations can prove the insurance company got your demand letter in case of a dispute.
What Happens After An Attorney Sends A Demand Letter?
The next stage is to wait for the other side to respond to the letter. This might take a few weeks. An insurance company will usually send a response to the demand. This response typically falls into one of three categories:
- Denial of the demand
- Acceptance of the demand
- Counteroffer
A counteroffer means the other side does not agree to your proposed settlement but proposes another amount. If the insurer accepts the demand, their response typically includes a settlement agreement. If you receive such a document, you should review it with your attorney before signing.
If the other party’s insurance company denies your demand or sends a counteroffer, you and your lawyer can discuss the next steps. If the insurance company rejects your settlement offer, you might want to proceed to a lawsuit. If there’s a counteroffer, you might want to accept it or continue to negotiate with the insurance adjuster.
The car accident lawyers at Marasco & Nesselbush are experienced negotiators and can help you pursue a fair settlement with the insurance company.
What Happens If The Insurance Company Doesn’t Agree With The Demand?
In most cases, the insurance company may not agree with your demand. This does not mean a fair settlement is not possible. It is common for lawyers on both sides to continue to negotiate. If an agreement can’t be reached through the exchange of letters, you can file a lawsuit.
A lawsuit can also be settled out of court, but sometimes, it is in a client’s best interest to proceed with litigation. To best advocate for your interests, your attorney should have experience with personal injury claims, negotiations, and litigation.
How Long After Sending A Demand Letter Can I Expect A Settlement?
Reaching a settlement agreement can take weeks or months after sending a demand letter. If the insurance company accepts your demands, it can take a few days for you and your attorney to receive the settlement agreement. This agreement is a legal contract between you and the insurance company and will end your case.
If you and the other side keep negotiating, the process can take several months before a settlement is agreed on.
However, litigation is often necessary and may take a long time – months or even years – to conclude. Working with the right attorney can increase your chances of getting the maximum compensation in the least amount of time.
We’re Here To Help With Your Personal Injury Claim In Rhode Island
A demand letter is an essential step in pursuing a personal injury claim. You need an experienced attorney to draft a compelling demand letter and ensure you have the best chance at success.
At Marasco & Nesselbush, we have an extensive track record of helping personal injury victims in Rhode Island secure the compensation they deserve. Our attorneys have the skills, resources, and determination to ensure your claim gets the attention it deserves. With years of experience navigating the state’s legal system and dealing with insurance companies, our team understands the challenges injury victims face and the strategies needed to overcome them.
If you or a loved one has been injured due to someone else’s negligence, don’t wait to get the help you need. Contact us today for a free consultation. Let us handle the legal complexities while you focus on your recovery.
FAQs
What should be included in a personal injury demand letter?
A personal injury demand letter should include a clear summary of the accident and supporting evidence, including a detailed description of your injuries, medical records, and evidence of the accident’s impact on your life. It should also outline the liability of the responsible party and specify the compensation you are seeking, including damages for medical expenses, lost wages, pain and suffering, and other relevant losses.
What is the next step after receiving a response to my personal injury demand letter?
The nature of the response you receive determines the next steps after receiving a response to your personal injury demand letter. If they accept your demands, you will review the settlement agreement with your attorney before signing it. If the response is a denial or a counteroffer, your attorney will help you decide whether to respond with a counteroffer of your own, gather additional evidence, or move forward with a lawsuit.
How does a personal injury lawyer use a demand letter to strengthen my case?
An experienced personal injury attorney uses a demand letter to outline the details and legal basis for your claim, the extent of the damages, and the compensation you are seeking. This signals to the other party that you are serious about the case and sets the stage for negotiations. Additionally, a well-crafted demand letter can serve as valuable documentation if the case escalates to litigation.
What are the costs of sending a demand letter?
Sending a demand letter typically involves minimal costs and is often a part of your attorney’s services. Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay fees unless you win the case, which may include the administrative expenses associated with sending the letter. It’s important to discuss these details with your lawyer to understand how they handle costs in your specific case.