Bicyclist Killed in Morning Crash in New Castle County
Hurt in an accident in Delaware? You have the right to take legal action against the at-fault party. Through a personal injury claim, compensation may be available for medical bills, lost wages, pain and suffering, and other damages. A personal injury claim does not mean you have to go to court. Federal government data shows that fewer than five percent of tort claims receive a jury verdict.
This raises a common question: How do you get a personal injury settlement? A demand letter is one of the most important tools. Your personal injury demand letter should be drafted by an experienced attorney. Here, our Wilmington personal injury lawyer explains how and why a demand letter can help you secure justice and compensation in your case.
A Demand Letter is a Legal Notice and Request for Action
A demand letter in a personal injury case in Delaware is a formal document sent by the injured party’s attorney to the party responsible for the accident and their insurance company. As a general matter, a demand letter accomplished a few key things. First, it puts the other parties to the case on notice. Second, it lays out the key facts. Finally, a demand letter can move a personal injury case toward productive settlement negotiations.
What a Personal Injury Lawyer Will Typically Include in a Demand Letter
While a demand letter is a key legal tool in a personal injury case, it is important to understand that an improperly drafted demand letter is unlikely to produce successful results. The document should always be written by an experienced Wilmington, DE, personal injury lawyer. Along with other things, a personal injury demand letter will generally include the following core elements:
- What Happened and Why the Recipient is Liable: The demand letter will outline the facts of the case and explain why the recipient (defendant) is liable. The description of the accident should be sufficiently detailed and include a well-reasoned claim of liability.
- Specific Demand for Compensation: The demand letter will include a specific amount of compensation that the injured party is seeking to cover their damages, such as medical bills, lost wages, and pain and suffering. You need to know the value of your case.
- A Reasonable Deadline for a Response: The demand letter will typically provide a reasonable deadline for the recipient to respond and settle the claim before a lawsuit is filed. The timeline should be reasonable, given the specific circumstances.
- Clear Intent to Escalate the Matter (File a Lawsuit): Finally, the demand letter should make it clear that if the recipient does not respond or fails to agree to a reasonable settlement, the injured party intends to file a lawsuit to seek compensation through the court system.
Get Help From Our Delaware Personal Injury Attorneys Today
At Freibott Law Firm, our Wilmington personal injury lawyers are aggressive, experienced advocates for victims and families. We are committed to helping you maximize your financial recovery. Call us at (302) 633-9000 or connect with us online to arrange your free consultation. We represent injured victims in Wilmington, New Castle, and throughout Delaware.
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