How to Write a Demand Letter in Ohio | Kisling, Nestico & Redick
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Personal Injury Demand Letters

When you are going through the personal injury claims process, and the liable party is required to compensate you for your damages, sending a personal injury demand letter may be an excellent opportunity to resolve the matter outside of court.

However, since a personal injury demand letter is not a formal legal action, it is important to show that you are taking your case seriously. With help from our experienced Ohio personal injury lawyers, KNR can ensure a compelling personal injury demand letter is sent to the at-fault party. If you have questions, contact us for a free consultation with no obligation or upfront fees.

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Personal Injury Demand Letters

A personal injury demand letter is designed to let someone know that they are financially responsible for your damages and that you have every intention to take legal action should they fail to compensate you accordingly.

A personal injury demand letter may be necessary when the liable party is expected to refuse payment or has continued to refute your claim for damages. Any time you believe the person responsible for causing your injuries or damages will not compensate you, sending a personal injury demand letter may be in your best interest.

Generally, your personal injury attorney will send a copy of your personal injury demand letter to the liable party and their legal representatives, should they have representation.

What Information Do You Need?

There is no legal requirement that you have an attorney write your personal injury demand lawyer for you. However, since the liable party may very well ignore your attempts to recover the compensation you are entitled to, having an attorney can help show them you mean business and adequately document what you deserve.

The most essential elements you will want to include in your demand letter are:

  • A factual statement that describes who you are, the event in question, the evidence you have to support your case, and other factual details
  • A statement of liability that describes how the recipient is responsible for your damages and why, including specific laws that may apply
  • The amount of compensation you expect from the liable party for your damages
  • A demand including a summary of the amount owed and the legal action you plan to take if the liable party does not respond and date the compensation should be paid by

Your attorney may decide to attach evidence to support your personal injury demands. This way, the liable party and their attorneys can review the evidence and see how you came to your conclusions.

Signing your personal injury demand letter is important to make the demand letter valid. Your lawyer does not need to be notarized prior to sending, but it should be sent via certified mail, which KNR can handle on your behalf.

How to Write a Personal Injury Demand Letter

Getting your demand letter right is essential if you hope the liable party will take it seriously and compensate you without having to bring your case to court. Some of the steps your attorney will take in writing your personal injury demand letter include:

  • Write the letter using factual evidence, not emotions
  • Obtain necessary evidence and documentation to support the recipient’s liability
  • Check your letter for grammar, spelling, and proper techniques
  • Identify the specific state or federal laws that support your right to compensation
  • Describe the damages you have suffered because of the liable party’s negligence
  • Include a demand with the steps the liable party should take, the amount of compensation you expect to be awarded, and a deadline for a response before legal action is taken
  • Include valuable evidence to support your case, including photos of your injuries, expert testimony, witness statements, and more.

After writing your demand letter, your attorney will have you sign it to ensure its validity. Your attorney will also ensure that there are no contractual issues or legal problems associated with your letter. This way, the liable party will have little room to challenge your terms.

What to Leave Out Of a Demand Letter

When writing a personal injury demand letter, the last thing you want is to come across as threatening. You do not want to disrespect the liable party or otherwise come across with a negative tone.

Doing so could devastate your reputation with the court if your case goes to trial. You should always stick to the facts, remain unemotional, and provide compelling evidence to support your claim.

Common Terms Used in Demand Letters

There are several terms you may come across when writing a demand letter. Some of the most important ones you should be aware of include:

  • Coercion – Being forced into an agreement
  • Concession – When a demand has been granted
  • Counteroffer – When the liable party counters your demand request
  • Grievance – The reason you have fourth sending a personal injury demand letter
  • Insurance Claim – When you file a request for compensation with an insurance policyholder
  • Mediation – When you attempt to resolve a dispute outside of court
  • NSF – Non-Sufficient Funds, which occur when a check has been returned for lack of sufficient funding
  • Purveyor – Someone who supplies or sells products
  • Restitution – Compensation for damages or injuries

Sending Your Personal Injury Demand Letter

After your demand letter has been sent to the liable party and their legal representatives, you will need to wait for a response. Generally, the recipient will need to respond to your demand letter by the date described in your demand letter.

However, it is common for recipients of personal injury demand letters to ignore them. If you do not receive a response, your attorney can move forward with legal action against the liable party by initiating an insurance claim or civil lawsuit against them.

Your attorney will closely evaluate the circumstances of your case to determine how best to move forward if your personal injury demand letter does not receive a response or the liable party responds by refusing to compensate you for your damages.

KNR’s Personal Injury Lawyers Can Help You

Writing a personal injury demand letter after everything you have been through can be time-consuming and stressful. If you want to get it right the first time, work with a knowledgeable and dedicated Ohio personal injury attorney. At Kisling, Nestico & Redick, we have the skill and insight to handle the drafting of your demand letter and beyond so you recover the max compensation possible.

Our Legal Team Will:

  • Gather all of the necessary evidence to support your right to compensation and damages
  • Ensure your personal injury demand letter is written under the letter of the law
  • Include all the necessary facts and details needed to prove liability in your case
  • Demand a response by a specific date so you receive what you deserve promptly
  • Be available to discuss your case by phone, in person, or via Zoom upon request
  • Represent your best interests if they don’t respond or won’t negotiate.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Ready to Demand Max Compensation? Call KNR

If you hope to get the liable party to compensate you for all your related losses after sending a personal injury demand letter, your letter must reflect how seriously you are taking your case. Get help preparing and sending your letter at Kisling, Nestico & Redick. At KNR, we make getting what you deserve more straightforward because what you’re going through is hard enough.

Get your free, no-risk consultation. Call today at 1-800-HURT-NOW.