Legal Question in Personal Injury in California

Re: Demand letter

First you detail the facts of the accident, the trauma, impact, property damage, etc. You itemize the medical bills and any wage loss. Put in any extenuating circumstances re the injuries and how they affected you or restricted you. Then, you have to have some idea of the case value. That's like knowing the market value of a house. If you ask for too much or too little, you hurt your case. If your case is sizable enough, you might consider getting an atty. If you're in Orange County, I'll give you a free consultation. Sam Eagle 714-963-5123

Re: Demand letter

First off, you should address the letter to the insured and not to the insurance company. The insurer doesn't have any obligation to you, but it does have obligations to the insured. If you file suit, the insured will be the defendant even though the insurer may be paying for her lawyer and might pay all or part of any judgment. The insured will surely turn the letter over to the insurer anyway.

You should probably have a lawyer write the demand letter for you, since a well-written letter from an attorney is more likely to get results than a letter from a layperson. Many attorneys will charge a flat fee for this service, and if you reach a settlement based upon that letter you may not have to pay a contingency fee.

If you must do it yourself, be sure to explain the facts of the accident, the nature of your physical injuries and of any property damage involved, and a discussion of the pain and suffering you have endured and of your prognosis (Will you always be in pain? Will you need therapy and/or surgery? Will you be disabled?, etc.) List the expenses you have been forced to incur, and estimate as best you can any future expenses you will have to pay. Also include any loss of earnings you attribute to the insured's actions.

Most importantly, you should include an amount for which you will be willing to settle. After all, there isn't much point to a demand letter unless you actually demand something. Keep in mind that the other side is unlikely to accept your original proposal -- especially if it is higher than the insured's policy limits. Negotiating settlements is not an exact science, and you should think carefully about what you are actually willing to accept and about how much you will need to originally demand so that you can end up at or above your target.

Do not discuss the content of any conversations you may have had with doctors or attorneys, since doing so might unnecessarily waive the applicable privileges.

Consulting with a lawyer beforehand is probably a wise move. Even if you decide to write the letter yourself, you may learn something useful about your policy or about some unusual issues raised by your case.

Good luck.