What Information Do Settlement Demand Letters Contain?

When any type of accident occurs that causes injuries or the death of a loved one, our seasoned trial lawyers handle all phases of your claim, including investigating the claim, filing a formal complaint, conducting discovery (written and oral questions of everyone who has knowledge of the accident), and working with your doctors.

We handle car, truck, motorcycle, pedestrian, and bicycle accidents. Our personal injury lawyers also handle birth injuries, construction accidents, slip and fall cases, nursing home abuse and neglect, and workers’ compensation claims.

When we complete the investigation and the other phases of your case, our lawyers prepare a formal demand letter that summarizes why the defendants are liable and provides a thorough review of your damages. We conclude the demand letter with a statement of how much we think your case is worth and the settlement offer that we (with your approval) will accept.

Our lawyers submit the demand letter to the insurance company/companies for the defendant(s) and/or the lawyers for the defendants. Often, we work with the insurance companies first. If we cannot reach a settlement with the insurance companies, we can submit your case for trial. Before your trial starts, we often work again to reach a settlement – with the defense lawyers.

Generally, the first item we review is the amount of insurance policy coverage. In many cases, our settlement demand will be for the full policy coverage.

The summary of liability part of the demand packet

Our lawyers explain why we believe the defendants are responsible for your injuries or the death of a loved one - based on the evidence we obtain from our investigators, the police (if they are called), any traffic reconstruction experts we may use, and other liability experts such as car mechanics or building code officials. The demand letter also includes a summary of how any written questions (interrogatories) we submit to the defendants, oral questions (depositions) of everyone with knowledge of the accident, and documents we receive help support a showing of liability.

In addition to using the facts/evidence that we have, we also use the core legal arguments in our client’s favor to explain why the insureds are liable for any injuries or deaths that occurred.

The demand letter is not a full legal brief. It is a general explanation as to why the insurance company has a duty to pay damages. It’s more akin to a persuasive story than a detailed legal review.

The summary of your damages in the settlement package

This part of the demand letter identifies all of your current and future damages, along with the associated cost or value of those damages. Some of the information contained includes:

• A summary of all your medical bills. These include your bills to date and the future bills you are likely to incur for emergency transportation, ER care, hospital stays, surgeries (at hospitals and ambulatory surgery centers), physical therapy, occupational therapy, other types of rehabilitative therapy, psychological counseling if necessary, medications, assistive technology, and assistive devices.
• A summary of your income losses. These include the wages and business income you’ve lost so far and that you will lose in the future because your injuries prevent you from working. This analysis will include statements from your employers and, when necessary, an analysis by a financial expert.
• Any property damage. A common example is when your car is damaged in a car accident. We demand compensation for the cost of repairing your car. If your car is totaled, we demand compensation for the cost of replacing your car. We supply a professional estimate in support of your claim.
• Pain and suffering. This amount is often the largest part of your personal injury claim. We arrive at a demand value for your physical pain and emotional suffering based on a number of factors.
  • We begin by reviewing with your doctors what injuries you do have, what medical care you’ve needed so far and what care you will need for the rest of your life - to improve your health, keep your health from worsening, and treat any complications that may develop. Your doctors should also be able to explain what type of pain and discomfort you’re likely to suffer each day of your life due to your injuries and what things you can’t do now that you could do before your car accident or any other type of accident.
  • We review with you and your family all the pain that you are experiencing, the times you cry, the times you’re anxious, and every other way that you are not the same person as you were before your accident.
• Long-term care. In catastrophic injury cases such as traumatic brain injuries, we often work with a life planner who can review your future medical and personal needs.

We can include any other financial damages you have, depending on your circumstances.

Our Nashville wrongful death lawyers prepare similar demand letters on behalf of families when a loved one dies – where we explain why the defendants are liable and itemize your damages. Wrongful death damages generally include the funeral and burial costs, the loss of financial support, and the loss of personal support (guidance, love, and comfort).

The amount of our demand in the settlement demand package

The demand package starts the negotiation process with the insurance carrier. Sometimes, your case settles for the initial demand, such as when liability is clear, and your damages exceed the policy limits. Other times, the insurance company (or lawyer) will provide a counteroffer. The offer and counter-offer process continues until there is a settlement or until it’s clear that you are better off requesting a jury trial.

The amount that we demand is based on different factors, starting with the amount of insurance coverage. These factors include:

• How strong the liability claim is
• The type of injuries you have and their severity
• How similar cases have been settled in the past
• The amount we think a jury is likely to award if there is a jury trial

At Rocky McElhaney Law Firm, we’ve helped numerous accident victims obtain the substantial recoveries they deserve. Many claims do settle – in part because we prepare strong demand letters and in part because of our impressive record of success in the courtroom. To fight for all the compensation you deserve, call us or complete our contact form to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro. We handle personal injury cases on a contingency fee basis.