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Home Law

Why You Need A Demand Letter For Your Truck Accident Claim

Joyce Bragg by Joyce Bragg
October 24, 2021
in Law
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California continues to experience a vast number of truck accidents.

Statistics show that most of these accidents leave drivers with severe injuries while others succumb to death.

Many of these accidents are caused by human errors, while others revolve around poor road conditions or mechanical issues.

If you are injured in a truck accident, the main concern would be who might be liable. The concerns go hand in hand with the amount of compensation to receive.

Why You Need A Demand Letter For Your Truck Accident Claim

But getting such compensation may depend on how well you can present your case to the claim adjuster. This is possible with the help of a demand letter.

Preparing Your Demand Letter

A compelling demand letter could be all you need to secure the compensation you need for your truck accident.

A truck accident lawyer in Bakersfield can tell you that no insurance adjuster wants to dream going to court. They want to settle the case as soon as possible. But any settlement solely depends on how well you can prove their insured caused your injuries.

That’s why many injured victims choose to start up the negotiation process as early as possible to get compensated and get moving with their lives.

Most of the dispute cases a started off by sending a demand letter. As the injured victim, you should come up with a compelling demand letter that will convince the at-fault driver’s insurance company of your losses emanating from their insured.

This brings out the question of how to prepare a demand letter. Note that coming up with a demand letter without the help of a truck accident lawyer may be a lengthy process. Thus, to avoid making mistakes that could jeopardize your claim, it would be better to have such a lawyer offer legal advice or prepare the letter on your behalf.

Below are a few things to consider for an effective demand letter. They include:

  • Review the leading cause of the truck accident: You do want to beat around the bush, trying to explain what happened before, during, or after the accident. Going to the point would suffice. Your lawyer can guide you on how to give detailed facts of what happened and how you suffered the injuries.
  • Be polite: You write a demand letter with a view of the reader in mind. Using polite language will not only show your seriousness about the case, but it will indicate you are dealing with the defendant professionally.
  • Be reasonable: You don’t state unreasonable demands. For instance, you may claim a tremendous amount of pain and suffering, whereas you may only have sustained injuries that will take a few weeks to heal.
  • How much you have spent in terms of your medical costs: Here, you should include your physical and mental injuries if there are. For example, you may have your lawyer guide you on what to come up with for your pain and suffering among other general damages, together with your specific damages
  • State your compensation demands: You will be writing the letter to demand compensation, so it would make no sense to have a letter without what you anticipate getting form the at-fault driver.
  • Set a deadline on which you want your settlement: This gives the insurance company an idea of when you need such compensation. They may honor it to stop you from pursuing a legal remedy.

Even if you are to startup the negotiation process, you don’t write up your demand letter soon after the truck accident. You need time to go over your medical records or even have a Maximum Medical Improvement.

Once you send the demand letter, you will have a clear picture of whether the negotiation process will be smooth or you will be forced to file a lawsuit. The fact is that even if the settlement fails and you file a claim, the court will require that you make some formal demand to the insurance company. If you had done so, this makes the process swift.

Being anxious to receive your compensation may result to a low settlement or no settlement at all.

What Amount To Include In Your Demand Letter

To have a sum of what you need for compensation, you need to have the final figure which may include all that you have spent for your medical injuries.

Having some evidence to indicate the nature and extent of your injuries would make it easier for the demand. A truck lawyer can help you write a formal demand letter.

Also, make sure to state a higher amount compared to what you actually need. The insurance adjuster will have to negotiate. It would be better to have stated a higher amount than a lower one, once negotiated; you will have met the balance. Again, the figure should be reasonable.

Talk To A Truck Accident Lawyer

You need someone to guide you on how to get fair compensation for your truck injuries.

Having someone who has dealt with such cases would help.

If you are concerned about preparing a demand letter, consider a free case review to obtain the best strategy.

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Joyce Bragg

Joyce Bragg

Joyce Bragg is a marketing advisor who has gained good experience in marketing communication, brand management, and digital marketing. Joyce loves writing and sharing blogs related to marketing and Media & public relation.

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