Frequently Asked Questions About a Demand Letter for a Car Crash Settlement

The legal team at Silverman, McDonald & Friedman is here to protect your rights you when you have sustained an injury in a car accident that was the result of another driver’s negligence. We here to serve our clients who live in Seaford, Wilmington, and Newark. You may contact us for more information.

If you have sustained a serious injury after a car crash which required hospitalization, lost time at work and significant property damage, you are likely going to file a claim against the insurance company for the driver whose negligence caused the accident. You may be wondering if you are going to have to file a lawsuit against the driver who was at fault to recover compensation for the losses you incurred in the crash. The answer is, that most personal injury cases will settle before going to trial. Negotiating a settlement with the insurance company is less costly and can be resolved more quickly than preparing a lawsuit and going through a trial.

Settling a personal injury claim allows you to keep more of the settlement amount than if you had taken the case to trial. Once you deduct attorney fees and court costs, the cost bringing a case to trial can consume whatever verdict you might be awarded. Conversely, if your case is unsuccessful, you could then be on the hook for the defendant’s attorney fees and court costs.

When you are preparing to settle your car accident injury claim, the demand letter is the lynch pin or the foundation of your case. The following are the questions we hear about demand letters and how an effective demand letter can be the critical element in your securing the best settlement possible:

Q: What is the purpose of a demand letter?

The purpose of a demand letter is to present your case using specific facts and details about the accident and including the cost of your medical treatment for your injuries from the crash. The demand letter addresses the insurance company for the at-fault party in the accident, and it proposes the amount of money for which you are willing to settle the case.

Q: What does a demand letter include?

A demand letter includes all the vital details about the accident and should include the following details:

• An assessment of why the at-fault party is responsible for your injuries and property damage
• A detailed account of the injuries you have suffered, the treatments you received and the medical costs for those treatments
• Any out-of-pocket expenses that you have incurred relating to your injuries
• Details about your lost wages due to your inability to work
• Calculations for non-economic damages such as for your pain and suffering, the fact that you were unable to participate in the marathon for which you have been training for six months and any other similar losses due to the accident injury

Q: What are the most important elements of a demand letter?

The most important aspects of the demand letter is your evidence that proves the fault of the other driver, the accounting of your economic and non-economic losses and your monetary demand for compensation. You will demand more that you would reasonably expect to receive to leave room for negotiation.

Q: Can I get help with preparing a demand letter?

Obtaining your medical records, bills for every procedure, a police report from the accident, witness statements, photographs of the scene and any other applicable evidence and drafting a compelling demand letter is not as easy as it sounds. When you work with an experienced car accident attorney, all of this will be taken care of for you so that you can take the time you need to recover from your injuries and get back to living your life.

If you do not feel up to the task of taking on insurance company lawyers and claims adjustors, our car accident lawyers from Silverman, McDonald & Friedman are ready to represent you.

Has a negligent driver caused your injuries? If so, you are invited to contact Silverman, McDonald & Friedman by calling 302-888-2900 or filling out our contact form right away. Our car crash attorneys in Wilmington, Newark, and Seaford help clients obtain full and fair compensation after a car accident in Delaware. We are here to fight for you.