What is a Personal Injury Demand Letter in New York

Accidents happen. Whether you slip and fall on debris on a city sidewalk, or are injured in a car or workplace accident, you are entitled to compensation if your injury was caused by negligence. If you are going to make a personal injury insurance claim at some point, you will want to detail your side of the case in a formal demand letter.

What is a demand letter?

A demand letter is an essential piece of the injury settlement negotiation process between you and the insurance company. The demand letter is your chance to present your strongest arguments as to why you should be awarded compensation for the injuries suffered during an accident. After laying out the reasons you believe you should be awarded damages, your demand letter should conclude with a demand that the insurance company pay a lump sum to settle the claim.

What should be included in a letter?

Personal injury cases vary greatly so it is important that you consult an experienced personal injury attorney to assist with crafting an effective demand letter. In general, you should include:

  • An explanation of why the insurance company’s insured is at fault for your injuries
  • A detailed list of the nature and extent of the injuries you suffered due to the insured’s negligence
  • A list of all medical treatments you received as a result of your accident
  • Details of any wages or other income opportunities lost due to injuries you suffered
  • An explanation of any “pain and suffering” and other subjective losses that are not easily quantifiable


Why is the demand letter important?

The demand letter is just the beginning of the negotiation process between you and your attorney and the negligent party’s insurance company. It is essential that you remember the claims process, and the demand letter, in a negotiation. The insurance adjuster assigned to your claim will try to minimize the amount of money paid in your settlement, so you should do your best to present as strong and convincing a case as possible by detailing the extent of your injuries and why you are not responsible for the accident.

Contact an experienced personal injury attorney

Nobody should have to worry about how they will pay for their medical expenses after an accident. If you have experienced an injury due to negligence in New York, call the Law Offices of Evan W. Kohn today at (718) 409-5500 or contact us online to speak with a skilled personal injury lawyer Bronx today.

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