Why You Need a Lawyer to Write a Demand Letter For Your Maryland Personal Injury Claim

Posted on behalf of Peter T. Nicholl in Personal Injury Published on August 10, 2023 and updated on January 4, 2024.

legal documents on deskThe demand letter is a critical document in a Maryland personal injury case. A well-written demand letter could have a significant impact on the amount of compensation you recover.

You may have seen sample demand letters on the Internet, along with tips on writing an effective letter. However, an effective letter needs to contain so much information, it is best to allow an experienced attorney to draft a letter for you.

Our Maryland personal injury lawyers have drafted countless personal injury demand letters. We know how to evaluate damages and gather strong evidence.

Experienced Attorneys. No Upfront Fees or Legal Obligations. Call us at 410-297-0271.

What is the Point of a Personal Injury Demand Letter?

The main purpose of a personal injury demand letter is to inform the insurance company of the amount of compensation you are seeking. The demand letter requests a certain amount of compensation. It also tells the insurance company that the victim is prepared to file a lawsuit if those demands are not met.

You can also think about the demand letter as the first step in the negotiation process. Every personal injury claim is essentially a negotiation.

Insurance companies are highly unlikely to immediately agree to the demands in your letter. They often make a counteroffer, which results in the victim’s lawyer making a counteroffer. Both sides may go back and forth many times before reaching an agreement. Most claims end in a settlement, but there are times when a lawsuit needs to be filed.

What is Included in a Personal Injury Demand Letter?

Demand letters are not excessively long. Some of the essential elements of these letters include:

  • Detailed argument about why you should receive compensation (why the accident occurred and how negligence played a role in it)
  • Deadline for reaching a settlement
  • Evidence for your damages
  • Guarantee that a settlement will release the insurance company from all future claims
  • Contact information for the involved parties
  • Reasonable estimate of future damages

The demand letter could also insist that the insurance company acknowledge the value of your damages will exceed insurance policy limits.

If the insurance company denies your damages exceed policy limits, your attorney may be able to file a lawsuit to pursue the excess damages directly from the at-fault party. However, this could be difficult, especially if the person does not have assets worth pursuing.

In instances when the insurance company agrees that your damages exceed policy limits, it may be difficult to pursue compensation for the excess damages.

How Does a Demand Letter Start?

Demand letters typically start off with a basic explanation of the case. For example, the letter is likely to say the victim is seeking compensation for injuries suffered in an accident. The letter may specify the types of injuries you suffered, such as neck or back injuries and give a couple details about the accident.

The letter will also state the total amount of compensation you are seeking. This is then followed by an itemized list of the damages suffered and the value of each of these damages.

How Much Should Your Attorney Ask For in the Demand Letter?

The value of any personal injury case is based on many factors specific to that case. While some of your damages are assigned a specific value, such as past medical bills and lost wages, the value of other damages is a projection (future medical costs, lost earning capacity, pain and suffering, etc.).

You need an experienced attorney managing your case because he or she will know how to determine an appropriate value for your damages. Our firm has helped so many victims, giving us a wide breadth of knowledge about calculating what cases are worth.

In some ways, crafting an effective demand letter is an art form. That is why it is best to leave it to a lawyer who has written these letters many times.

What Else is Included in a Demand Letter?

After the introduction, the rest of the letter may provide background information about the victim and the claim. For example, the letter may explain why you can no longer work at your job and how this has affected your future earning capacity.

The letter will also give a concise explanation of what happened in the accident and why another party should be held liable for your damages.

How Long Does It Take to Settle a Case After Sending the Demand Letter?

It could take anywhere from weeks to months to reach a settlement after the demand letter has been sent to the insurance company. The amount of time will depend on many factors, such as the severity of your injuries and the amount of compensation you are seeking. The more compensation you are seeking the more likely the insurance company is to deny or undervalue your claim.

Call Us Today For Assistance With Your Injury Claim

Drafting a demand letter is just one of the many things our attorneys handle for injured victims who are seeking compensation. There are numerous benefits to allowing a licensed lawyer to take care of the legal process.

We have been taking on insurance companies for decades, securing millions for victims. We are well-prepared for every step of the legal process, including taking the case to court. We are deeply committed to securing full compensation to help victims move forward with their lives.

Schedule your free initial consultation. Call today: 410-297-0271.