Suing someone for their wrongdoing against you is a good last-report option, but it may not always be the most efficient way to settle a dispute. After all, lawsuits can take a long time to resolve, cost a fair amount of money, and may not even result in a win.
Sometimes, all you need to settle a civil dispute is a demand letter. Although demand letters are not legally binding by themselves, there is a right and wrong way to go about writing one. We’ll cover some of the important features of an Arizona demand letter so you’ll have a better idea of whether or not you might need one in your personal injury case.
A demand letter is a formal letter that personal injury victims may choose to send alleged civil wrongdoers before beginning legal action. By themselves, demand letters carry no legal weight and do not bind the recipient into accepting the sender’s terms. They do, however, indicate the damages (compensation for losses) the victim is looking for.
The general purpose of demand letters in personal injury cases is to let the wrongdoer know the victim is serious about seeking compensation and, perhaps, willing to sue. Demand letters are often precursors to lawsuits or, at the very least, serious negotiations between two parties.
Arizona law does not set forth any specific requirements for what a demand letter should or should not include. However, beyond legal requirements (or the lack thereof), successful demand letters often have the elements we describe below.
Demand letters should clearly identify the victim, the wrongdoer, and their relationship as it relates to the civil dispute. If you suffered injuries after slipping on a hazard at a big-box retail store, for instance, you should include your full name and identify yourself as a customer. The recipient would, in this instance, be the retailer’s location and include the formal name of the company.
Give all relevant details of the incident that resulted in your losses. You might state your reason for shopping at the store and information you remember about the moment of the incident. Provide details about the hazard that caused your injuries, including the medical care you sought afterward. Don’t leave out relevant details, but don’t include unnecessary fluff—the wrongdoer will scrutinize the letter for anything that might weaken your case.
The damages you’re seeking also need to be communicated clearly and concisely. If you want compensation for medical bills you incurred, for example, you should list out the separate charges leading to the total amount.
These discrete medical bills might include the costs of:
Don’t forget to explain any non-economic damages you want to recover. Non-economic damages are intangible losses like pain and suffering, loss of companionship, loss of enjoyment of life, and mental anguish. These damages are difficult to quantify, but personal injury victims often come up with a figure for them by multiplying their economic damages by two or three. Your attorney might suggest a different number.
The more evidence you include in your demand letter, the more willing the recipient will be to pay you something. Medical bills, pictures of your injuries, and a note from your employer quantifying lost wages can support your requests for economic damages. You may not want to include every piece of evidence in the demand letter, but you should include enough to give the recipient a general idea of how strong your case is.
Don’t forget the most important part of your demand letter: what you want the recipient to do (or stop doing). List the exact dollar amount you’re seeking, and make sure your request is based on the facts and evidence you laid out in the letter. Your attorney will likely advise you to ask for more than you’re willing to settle for, but that’s something the recipient certainly doesn’t need to know.
Lastly, your demand letter should set a date by which the recipient must either comply with your demands or respond. A common period is 30 days, but your case might warrant a longer or shorter period. Allowing a reasonable timeline is much better than demanding immediate action.
We understand that you may be mad—even furious—at the letter’s recipient. While your feelings are valid, they may not be appropriate to convey in the demand letter. Using scorched-earth language is more likely to turn off the recipient to your demands rather than encourage them to comply.
Anyone who’s seeking damages in a personal injury case can send a demand letter, but that doesn’t necessarily mean you should do it without legal assistance. No one knows more about your injuries and the losses you’ve suffered than you do, but hardly anyone knows more about how to craft successful demand letters than experienced personal injury attorneys. Together, you and your legal team can draft an optimal demand letter that checks all the right boxes.
It’s a good idea to mail your demand letter with a tracking number. For instance, the USPS allows you to send your envelope using certified mail, which can be tracked online until it is delivered. If your letter reaches the recipient’s address, one of three things will happen.
The best-case scenario is that the wrongdoer accepts full responsibility for their actions and pledges to comply with every request in your demand letter. Or, the recipient might offer you a settlement you’re willing to accept. Remember: it’s usually better for your first demand to be higher than what you’d take anyway.
Most often, the recipient of a demand letter will send a reply and either extend a counteroffer or indicate their willingness to negotiate. An attorney can be crucial in this stage, as negotiations can enter complex territory.
Sometimes, the wrongdoer has no interest in entertaining the victim’s demands. They might believe the case would be too weak to hold up in court or, simply, that they are not liable for the damages. A rejection—or no response within the window the victim offers for a response—usually means it is time to escalate the matter.
You can use a demand letter for almost any type of personal injury case. Some personal injury cases, such as breach of contract or defamation, don’t usually result in physical wounds. The damages you can ask for, then, are really only limited by what you’re comfortable requesting.
Frequently, victims ask for economic, or special, damages for easily quantifiable losses. Economic damages might include medical bills, lost wages, or property repairs.
Non-economic, or general, damages describe things like pain and suffering, mental anguish, loss of companionship, and loss of enjoyment of life.
Punitive damages are designed to punish the wrongdoer for egregious or reckless conduct. Victims rarely get punitive damages in personal injury cases, and they may not even be worth including in your demand letter. Your attorney, however, may advise you to request them.
Breach of contract claims deal with a different type of legal loss than personal injury claims arising from a car accident or premises liability accident. In many breach of contract cases, the injured party incurs unexpected expenses during the course of business.
For instance, a supplier fails to meet its contractual obligations to provide Restaurant XYZ with raw materials. Such breach of contract can cause the restaurant to lose revenue because it is unable to sell its most popular menu item. If Restaurant XYZ is able to quickly find another supplier at a substantial cost, it might request consequential damages, another type of damages, from its original supplier.
A letter of intent to sue isn’t much different from what it sounds like. While initial demand letters usually leave the door open to counteroffers or negotiations from the recipient, letters of intent to sue leave little ambiguity. These letters say, essentially: expect to get served legal papers around this date if you do not promptly comply with the latest demands. A letter of intent to sue may follow unproductive demand letters.
Ideally, you shouldn’t draft your demand letter by yourself. The earlier you contact a lawyer, the better chance you have of succeeding in your personal injury case. Experienced attorneys who have recovered money for past clients understand what works and what doesn’t with demand letters. They can evaluate the intricacies of your case against relevant Arizona personal injury laws and advise you on the best way to proceed.
While you may want to stay out of court, you need an attorney who will build your case as if that’s where it will end up. Lawyers can also help you adhere to legal deadlines, including the two-year statute of limitations for most Arizona personal injury claims.
Having to deal with the aftermath of someone’s wrongdoing can be isolating and overwhelming. You probably haven’t been in a position like this before. A skilled and experienced attorney will know what you are feeling, what you are going through, and the best way to preserve your interests moving forward.
Thompson Law charges a contingency fee for personal injury cases, which means our clients don’t pay unless we recover compensation for them. Call our staff anytime at 866-293-4768 or write to us online to set up a free, no-obligation consultation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
