In some civil disputes, a strongly worded letter may be all you need to get a fair payout from the party that caused you injuries or losses. That might seem like wishful thinking, but it’s unwise to underestimate the power of a properly worded, effective demand letter.
They don’t always work, but writing and sending a demand letter is usually worth the resources. Keep reading to discover useful strategies and tactics to employ if you’re considering a demand letter for your personal injury case.
A demand letter in Georgia is a formal communication from an injured party to an alleged wrongdoer. The letter requests that the recipient give the sender some type of relief. The relief is usually compensation, but the sender may simply ask the recipient to stop doing something or otherwise correct their wrongful actions.
A demand letter does NOT initiate a lawsuit or other legal action. However, it can serve as a precursor to legal action if the recipient wholly rejects the sender’s demands or does not respond.
The contents of a demand letter are usually not legally binding, but they can be if the recipient agrees to all or some of the writer’s demands. Ultimately, a demand letter signals that the sender is serious about collecting damages (compensation) they believe are owed.
If you search for “demand letter example” on the internet, you’ll probably encounter countless free-to-use templates. It might be tempting to use these to save a few bucks, but not tailoring your demand letter to your situation can cause irreparable harm to your case.
Although your letter needs to be personalized, most effective demand letters include the following key elements.
A thorough explanation of the incident, as well as its immediate run-up and aftermath, is crucial in a demand letter. Include the who, what, when, where, why, and how. You might be tempted to tell the recipient how you really feel about their actions, but including such details will not be beneficial. In many cases, strong, emotional language only makes recipients dig in their heels and become less likely to negotiate.
If your demand letter is to have any chance at a settlement, you need to clearly lay out the losses you have incurred. List your medical bills, lost wages, property repair expenses, and other costs resulting from the recipient’s actions. Work with your attorney to determine an appropriate amount for intangible losses like pain and suffering, emotional distress, and loss of companionship.
Simply listing out your damages is not enough—you need solid and compelling evidence. Attach medical bills, statements from your employer, and other documentation supporting your requests.
What do you want the demand letter recipient to do? Make your request as clearly and concisely as possible. This is the moment your letter has been building up to—ensure your demands line up with the evidence you just laid out.
If you are requesting monetary relief, it’s usually best to ask for more than you would eventually settle for. The recipient’s response (assuming they send one) will probably include a counteroffer. Aim high with your demand letter so you have some negotiating cushion.
Finally, your demand letter needs to inject some urgency into the situation. Allow your recipient a reasonable amount of time—but not too much—to respond. A common deadline for demand letter responses is 30 days. That should give the recipient time to confer with their legal counsel.
Remember, though, that you have your own deadline: the statute of limitations for filing a lawsuit if settlement negotiations prove fruitless. Explain that you might be forced to begin legal action if you do not get a response within your requested timeframe.
Yes, a demand letter can backfire. One of the most common ways that happens is when the sender uses threatening or aggressive language. Pledging to report the recipient to some administrative body or law enforcement unless they comply with the demands may be interpreted as extortion, which is a crime.
Even if you are 100% sure the recipient actually did commit a crime, you should avoid threats. If you have such leverage, an attorney can advise you on the best way to proceed with your information.
Another thing you should avoid in your demand letter is a claim you cannot back up with evidence. Unsubstantiated claims can signal to the recipient that your case is not as airtight as you want them to believe, which can embolden them and make them less likely to negotiate.
Yes, you can request pain and suffering damages in your Georgia demand letter. Pain and suffering are non-economic damages, which are intangible losses that are not easy to quantify. Conversely, plaintiffs can typically tie specific monetary amounts to economic damages like medical bills and lost wages.
Many plaintiffs multiply their economic damages by a number between one and five to calculate how much to request in non-economic damages. Your attorney is best suited to give you advice on this matter, as each personal injury case presents unique circumstances.
Another tip for getting the most out of your demand letter is to deliver it using email or trackable mail with a return receipt. Regardless of whether the recipient responds, you will at least know the message was received.
Assuming your demand letter reaches the recipient, you’ll have to play a little bit of a waiting game. Be ready for one of three actions.
If your evidence is airtight and convinces the recipient that their chances of prevailing in court are small, you might get everything you asked for. You might even want to accept an offer that gives you most of what you requested. The recipient might even provide a settlement offer for you to sign; make sure your attorney reviews the offer before you reply or sign anything.
You are more likely to receive a counteroffer rather than a wholesale acceptance of your demands. The other party might acknowledge the legitimacy of some of your claims and, eventually, offer a settlement amount close to what you’d be willing to accept at the end of the day. Countering their counteroffer is usually the next best move, but you should take care not to wreck any goodwill you’ve gathered up to that point by needlessly refusing to give an inch.
No matter how well you prepare your demand letter, the recipient may simply not be interested in ceding any ground. They might also ignore your demand letter, hoping that you’ll drop the matter.
Either of these responses merits an escalation in your case. You might elect to file the lawsuit mentioned in your demand letter, or you might want to try one more letter.
Although your first demand letter can also be considered the final demand letter if it ends up being the only one you sent, your attorney may advise you to send one more. Don’t think of a final demand letter before legal action as a Hail Mary—consider it one more lifeline you’re throwing the recipient before taking the gloves off.
The final demand letter before legal action is not much different from a notice of intent to sue. Some personal injury cases may require the sending of a demand letter before filing a lawsuit. This typically happens when the case involves a breach of contract, and both parties are contractually obligated to try negotiating before suing.
While personal injury claims are usually separate from breach of contract claims, it is possible that a case could involve both. For example, a defendant may be liable not only for negligence, but also for violating the terms of a contract that resulted in injuries to the plaintiff.
Unfortunately, there’s no standard or typical timeline for personal injury settlements after the transmission of demand letters. If the recipient does respond, you should expect at least a couple of weeks to receive it. It might take several months to finalize the settlement, even if the other party agrees to all of your requests.
Settlement negotiations can take several months on their own. It’s common for litigation to carry on for more than a year—especially in complex cases with a large amount of money at stake. You can continue negotiating during all phases of a civil trial except for the verdict phase.
One key to an effective demand letter is striking the right tone. While you want to communicate firmness and your commitment to filing a lawsuit as a last resort, you also want the letter to be genial enough for the recipient to respond. Walking this tightrope is difficult if you have never written a demand letter. A personal injury attorney certainly has the experience to draft a powerful demand letter for you.
Maximizing your chances of success in and out of court involves a legal professional who has handled claims similar to yours. Thompson Law has recovered time and again for our clients. Our contingency fee structure allows you to retain our services with no upfront costs—you only pay us if the other party pays you first.
Recovering from serious injuries while trying to understand the legal system can overwhelm anyone. You don’t deserve any more stress than you already have; hiring an experienced personal injury attorney can ease so many of your burdens.
Thompson Law offers free, no-obligation consultations to prospective clients. Contact our team today for more information.
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.
