How to Write a Formal Demand Letter?

“Any negotiation involves compromise and no one will get everything they want.” Nicky Morgan.

The process of settlement between the at-fault party and his or her insurance company includes negotiations and starts with a settlement demand. The settlement demand is prepared to resolve the matter amicably outside the courtroom. The types of injuries covered are slip and fall, dog bite, medical malpractice, and motor vehicle accidents.

Layout of the demand letter

A legal settlement demand must include well-constructed and imperative details about the relevant accident/incident. Grammar, spelling, and attention to detail are very important from the drafting point of view. The layout of the letter should be professional and with no error.

Emphasis on the Incident and injuries

The letter should only be focused about the facts and circumstances of the current accident/incident. Prior injuries should be involved only if there is aggravation to the injuries. The letter must include the extent of injuries, treatment, therapy, plan for future treatment, medication received and ordered and lost income. The letter should further highlight the factors of intangible damages which shows how injuries affected the injured person’s quality of life.

Graciously written

Words in the letter should be chosen in such a way that the claim adjuster should not feel threatened. If the claims adjuster simply cannot meet the demands put by the aggrieved party, they might just set the case aside. Persuasion needs to follow in the letter so that the claim adjuster can work out a fair settlement or negotiation.

Policy Limit

Understanding the policy limit is also crucial while writing a settlement demand. As a matter of fact, insurer does not have unlimited liability. Instead, the insurer only has liability up to the policy limits. So, before writing the demand, one should always understand the policy limits that apply in respective case and how these policy limits work.

Other Key Factors

·         Parties name and addresses should be correctly mentioned in the letter.

·         In cases of motor accident demand letters, dog bite incidents and slip and fall incidents, accident/incident description should be clearly mentioned along with actual date and time. It’s also good to use approximations when discussing events to account for generalities and slight measurement differences. For example, while a car wreck may have occurred at noon exactly by your vehicle’s clock, another vehicle or security camera may say 12:02, leading to potential inaccuracies the defendant’s lawyer could exploit. Use phrases like “about”, “on or around”, or just “approximately” when needed to allow for a factual account with some leeway for discrepancies.

·         Liability part should be properly addressed to the at fault driver. This paragraph also includes citation or statute number given by the traffic police to the at fault driver.

Must include documents in Demand Packet

This will include copies of medical records, payment receipts, wage slips as well as police reports. The medical records must be crisped into the demand letter to show the injuries sustained by the aggrieved party. The insurer will not pay any undocumented damages. Thus, it is important that the injured party must give supporting documentation for every amount discussed in the settlement demand letter.

Lastly, the closing paragraph should end by thanking the adjuster for their attention and placing a time limit on their response.

 

Research and Writing By: Team - Draft n Craft

Draft n Craft is a premier outsourcing firm that offers its legal, paralegal and medical support solutions to law firms, insurance companies, corporate and in‐house legal departments throughout the United States. The strength and openness in our relationship help our clients to maximize the benefits of outsourcing.

Want to achieve maximum ‘ROI’ at minimum cost, provide 24 x 7 hours of work environment with the highest standards of integrity, maintain utmost confidentiality and employ a diverse workforce that adds value to your day‐to‐day business?

Visit: www.draftnctaft.com  |  info@draftncraft.com  |  +1 6463676958 & 75

Comments

Post a Comment

Popular posts from this blog

Outsource To Deposition Summary Services For Reliable Summaries

Image
  Before a trial, there is a pre-trial stage involving the investigative process. In this process, all the facts and other information accessed from the witnesses are collected in the deposition. However, referring to all of these pieces of information can be confusing. Therefore, preparing a deposition summary and referring to it is much more convenient. It includes all the key points and provides a reliable source of reference during the trial. Relying on Deposition Summary Services can help you gain professional help and increase your chances of winning the case.  Features To Consider  Winning a trial is important and one of the main elements included for the same is a deposition summary. Hiring services can help you create a summary with professionalism and accuracy. Hence, here are some of the features you must consider when looking for deposition summary professionals.  Understand the client’s requirements  Understanding the client’s needs is highly neces...
Read more

Reasons You Need Contract Drafting Support Services

Image
  Legal contracts are highly essential for establishing a legal bond between two parties. It safeguards the professional relationships by enabling both parties to agree upon mutual terms and conditions. This allows both the parties to work as per the terms and conditions and prevents them from violating the same. A legal contract drafted by a professional enables both the parties to understand the terms and conditions clearly so that they can abide by the same. A professionally crafted contract will include all the necessary points. Hence, outsourcing to Contract Drafting Support Services can be highly beneficial.  Benefits Of Contract Drafting Services  A contract must be drafted following certain formats and standards. It should also include all the important terms and conditions. To ensure that you do not miss out on any important points, hiring professional services can come in handy for the following reasons.  Relevant Information Professionals will ensure to a...
Read more

Reasons You Should Rely On Medical Record Retrieval

Image
  There are a lot of acquisition and exchanging processes involved in health plans. Large volumes of data need to be exchanged and acquired constantly. Sustaining quality member care and appropriate reimbursement is highly essential. As a result, a loss of data may occur at times. Gaining assistance from Medical Record Retrieval services that can offer comprehensive web-based solutions can come in handy. These services use a variety of technologies to meet the preferences of the provider for accurate record location during the retrieval method.  Benefits Of Medical Retrieval Record  Some of the best medical retrieval record benefits are as follows.  Provider Insights  Professionals take into account all the data found in the industry database and the extensive historical database before outreach. This is done to find out the most current preferences and locations of the provider.  Configurable Retrieval Process  These services prioritize provider requ...
Read more