What is a personal injury demand letter?

If you are in the middle of a personal injury case, you may hear a lot of unfamiliar language. At Weir & Kestner Injury Lawyers, we want our clients to feel well-informed in their cases and empowered to ask questions. Your Nashville personal injury lawyer is there to answer your concerns, such as, “What is a personal injury demand letter?”

What is the purpose of a personal injury demand letter?

Demand letters are common practice in legal cases. Though Tennessee does not require them to be eligible to file a lawsuit, they are considered appropriate based on a decision by the Tennessee Board of Professional Responsibility. 

A demand letter acts as formal notice of a grievance by stating the facts of the case and providing the statutes and evidence to support your claim. These letters are often written by the attorney representing the injury victim. It is sent to the other parties’ insurance provider, attorney, or individual, depending on the situation. 

The letter also informs the other party that you are taking the situation seriously and often indicates a willingness to pursue further legal action. The demand letter should not be confused with a letter of representation sent earlier in the process, notifying relevant parties that you have secured legal representation. 

What is included in a personal injury demand letter?

A demand letter includes the grievance and relevant support, as indicated above, but it also has several other critical components. It is critical that your letter be written concisely and factually. An overly aggressive or hostile tone can set the pace for the rest of your negotiations.

 If your letter comes off as too aggressive, threatening, or otherwise unprofessional, you may influence an otherwise cooperative party to give more pushback. However, the contents of a demand letter may commonly include:

• The reason for the letter
• The name of all involved parties
• Information on the date, time, and location of the incident
• A description of injuries from the incident
• Description of treatments and associated costs
• A discussion of the liability of the recipient 

Along with presenting your evidence, the letter will often include your initial request for compensation. This may be accompanied by a breakdown of the types of damages and how much you request for each. Your personal injury attorney will help you calculate your claim’s value and answer other frequently asked questions.  

What happens after you send the demand letter?

Once you have sent the demand letter, the attorney typically allows 30-45 days for the other party to respond. This allows your attorney to review the evidence and confirm the facts while waiting for an answer. Our team knows the insurance company is unlikely to accept the initial offer, and we are prepared for that, but this opens the door to negotiations.  

Most often, the response will be some form of counteroffer, especially if you have presented a strong case. The negotiation period can last months, making it critical to begin the process immediately to ensure your claim falls within the one-year statute of limitations per the Tennessee Code.

If liability is in question, your evidence is insufficient, or they are operating in bad faith, they may choose to deny your claim. However, you often have the ability to appeal, or you may choose to take the case to trial for a decision from the judge.  

Hurt in an incident that wasn’t your fault? We’re ready to help.

As a National Trial Lawyers Top 100 member, Weir & Kestner Injury Lawyers is committed to working with you to win your case, even if we need to go to trial. We offer free consultations to discuss your situation and flexible scheduling to accommodate your recovery and other obligations. Get the support you need and call us at (615) 220-4180 today.