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Statement of Facts: Describing the circumstances just before, during and after the collision. Liability: You have the burden of proving the other driver is responsible for causing for your injuries.
Request Your Medical Records. One of the first things you will need to do is request copies of your medical records. Document Your injury. Establish the Extent of Property Damage. Document Your Expenses. Be Organized. Do Not Exaggerate and Do Not Be Greedy. Calculating Pain and Suffering Seek Professional Legal Advice.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Establish facts. Don't assume everyone knows the facts. Refer to evidence. If there's evidence (like a contract), you don't need to include it, but you should refer to it. Make a demand. Be specific as to what you want. Set a deadline and establish method of payment. Offer a consequence.
DO Highlight Unique Facts About Your Case. DO Differentiate Your Case. DON'T Make a Specific Settlement Demand. DO Demand Policy Limits. DON'T Go Over-the-Top. DO Make Clear the Case Will Not Settle Unless DON'T Set a Time Limit on a Response Unless You Mean It. DO Include All of Your Damages.
DON'T Write War and Peace. DO Highlight Unique Facts About Your Case. DON'T Send the Demand by Certified Mail. DO Differentiate Your Case. DON'T Make a Specific Settlement Demand. DO Demand Policy Limits. DON'T Go Over-the-Top.
What Does a Settlement Demand Include? A settlement demand will include all documentation that speaks to the claims we put forth. This will include copies of medical records, payment receipts, wage slips as well as police reports, just to mention a few.
Settlement Timeline Typically, after your attorney has sent a demand letter to the insurance adjuster or other party, it can take anywhere from a few weeks to a couple of months to obtain your settlement.
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