What is a Personal Injury Demand Letter in New York?

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Personal injuries are very common and can include harm caused by car accidents, slip-and-falls, defective products, medical malpractice, workplace accidents, dog bites, and much more. If your injuries were minor, it might be enough to file a claim with the wrongful party’s insurance company and accept their payment. But what if you sustained severe injuries, many parties were at fault, or the case was otherwise complicated? As one important step, with the skilled legal guidance of a personal injury lawyer, you could write a personal injury demand letter.

Elements of a Personal Injury Demand Letter

Personal injury cases don’t immediately enter the courtroom. In fact, it’s the last resort after attempts to reach a mutually agreeable settlement have not been successful.

Once you’ve consulted with a personal injury attorney and he or she has conducted their own investigation, a personal injury demand letter is sent to the defendant’s insurance company. A strong letter includes:

  • A detailed description of the accident
  • The accident’s effects on you – physically, emotionally, occupationally, and financially. Again, the more details, the stronger your case for the compensation you deserve.
  • Why you believe the defendant is responsible for your injuries or losses.
  • Documents that back up your claims, such as medical records, witness accounts, photographs, video, and police reports
  • Compensation demand – How much you’re seeking to compensate for the harm caused by their insured.

Reasons You Need an Attorney’s Expertise

It might be tempting to write a personal injury demand letter on your own – after all, it’s really just a detailed business letter, right? Some people do, and as a result, don’t receive the same results as a letter composed and sent by a personal injury lawyer. Here’s why:

  • That nice insurance adjuster has an army of lawyers behind her. The claims adjuster for the defendant’s insurance company might be the friendliest person over the phone, but rest assured, the insurer wants to pay you the least amount possible. They’ll use every opportunity to confuse you with legal mumbo jumbo and every excuse possible to lowball the settlement.
  • Personal injury lawyers know the system. Your case is important, and the details of your accident are unique, but a personal injury lawyer has seen it all. He or she has experience navigating the legal system and anticipating the tactics the defendant’s insurance company will use to inadequately compensate you or reject the claim altogether.
  • The letter is a springboard to negotiations. It’s highly unlikely the defendant’s insurance company will read your letter, say OK, and write a check for exactly what you’re seeking. Instead, the letter begins a sometimes-lengthy series of complex discussions based on current law and back-and-forth offers. A personal injury lawyer knows how to professionally, efficiently, and effectively conduct negotiations with the other side.

Contact a Personal Injury Lawyer for Expert Advice

You don’t have to – and shouldn’t – go through the personal injury claim process alone. The skilled personal injury attorneys of Sayegh & Sayegh PC are on your side when you need an advocate to write a personal injury demand letter and negotiate for you after you are injured. Call (914) 222-8161 or contact us online.