What is a Personal Injury Demand Letter in Texas?

One of the most important elements of your personal injury case in Texas, and particularly of the settlement negotiation phase, is your demand letter. A personal injury demand letter is essentially a jumping off point. In it, you outline the main concepts of your case for the insurance company from which you are filing for compensation. In addition to establishing the basis for your claim, your demand letter also describes your goals and expectations in terms of outcome—the actual amount of payment you hope to receive in a settlement or judgment.

How do I write my personal injury demand letter?

With support from a skilled Texas personal injury attorney, you can draft a compelling and effective demand letter. The best personal injury demand letters are clear, well organized, and contain all relevant information, including the following:

  • The details of the accident or incident that caused your injury
  • The reason(s) that the policyholder against whom you are filing is at fault for the accident or incident
  • A detailed description of the injury or injuries you suffered
  • A detailed description of any and all medical treatment you require as a result of your injury
  • A detailed description of any other damages you suffered, such as property damage or loss of income due to missed wages
  • A description of any non-calculable damages you suffered such as emotional anguish and pain and suffering

In the second part of your letter, you’ll provide a calculation of the total sum you’re seeking in your claim to account for the full extent of monetary and non-monetary damages you incurred due to your injury.

The role of your demand letter

Your personal injury demand letter is not truly a list of non-negotiable demands; on the contrary, it is an initiation of the negotiation process. The most important thing to keep in mind is that the letter demonstrates your preparedness to go to trial, and thus, plays a crucial role in the insurance company’s desire to try and negotiate you down from your initial request or settle and satisfy the full extent of your demands. The stronger they sense your case is, the more inclined they’ll be to settle.

Engage the services of a knowledgeable Texas personal injury lawyer who will help you craft an effective demand letter

The linchpin of your negotiation strategy, a good personal injury demand letter is essential to your claim for compensation. To learn more about how Burwell Nebout Trial Lawyers can support you throughout the entire legal process, contact our attorneys online or call (281) 645-5000 and set up a free consultation today.