I still remember my accident like it was yesterday. One minute I was driving my daughter to school and the next I was waking up in a hospital bed. It was frustrating to deal with the emotional trauma of forgetting an entire week of my life, in addition to stressing about my small child. Fortunately, we were both able to recover, but it wasn't easy walking dealing with the medical bills that accompanied the accident. I found myself struggling with things as simple as answering the phone, because I was nervous about dealing with another insurance adjuster. Fortunately, by working with a lawyer, I was able to make sense of my situation. I know that you can overcome difficult challenges too, which is why I shared my story on this website.
Working Through Emotional Trauma
Demand A Fair Settlement In Your Personal Injury Case
Debra Hawkins
If you've been injured in an accident that was not your fault, you should know that a simple piece of correspondence can bring your personal injury case to a quick and successful end. The demand letter is a valuable tool in your quest for compensation, and if it is persuasive enough, can convince the other side of the veracity of your case. To learn more about this letter, read on.
1. Going through a courtroom trial costs money and takes time, for both sides. Avoiding court is a huge motivating factor for the other side to offer you a settlement after reading your demand letter, especially if the letter contains convincing evidence that could likely put you on the winning side, should the case come to trial.
2. You will need to access specific information about your accident and the resulting medical treatments and expenses, so keeping a journal about the experience can provide you with ready details to include in the letter.
3. Be as professional and unemotional as possible in tone when crafting your letter. The use of facts can impress, unlike highly emotional pleas. Don't make the mistake, however, of leaving out the effect that the accident has had on the emotional health of both you and your family. Pain and suffering, in the scope of a personal injury case, are simply the factual representation of the mental health issues caused by the accident.
4. Make sure to include a very clear denial of fault on your part for the accident, and don't be vague on this point. Even if it is later determined that you shared some fault, now is not the time to address that. Once negotiations begin, the issue of fault can be used as a concession.
5. A good, persuasive demand letter should include the following, not necessarily in this order:
- A full description of your medical injuries, using property medical terminology. Include the treatments, tests, hospitalizations, etc.
- An accurate accounting of the total dollar amount spent so far in medical care, including medication, hospitals, therapy, lab tests, and the mileage driven to and from medical obligations.
- An accounting of lost wages. Include the total amount of time lost from work and the dollar amount involved. Be sure to include vacation and/or sick leave time used.
- Why you are not at fault in the accident.
- The dollar amount you will accept at this time to drop the case. Allow some negotiating room by raising this amount a little.
Contact a personal injury attorney, such as one from Monohan & Blankenship, for assistance with this demand letter, or to take the burden of fighting for your rights to compensation for your injuries off your shoulders.
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