When Should a Demand Letter Be Sent in a Personal Injury Case?

When Should a Demand Letter Be Sent in a Personal Injury Case?

A demand letter is sent by the personal injury victim to the at-fault party’s insurance company. This letter outlines the details of the accident, the injuries sustained by the victim, and evidence proving the other party is liable. Most importantly, it should also include a demand for compensation for your injuries. When should a demand letter be sent? Here’s what you need to know:

Wait For Injuries to Improve

Most personal injury victims are eager to send the demand letter so they can recover compensation for their injuries. However, it’s strongly recommended that you wait until reaching maximum medical improvement (MMI). A victim has reached MMI when his doctors believe that his condition will not improve any further in the future. For example, a doctor will say a patient with a broken arm has reached MMI when his arm has completely healed.

It’s in your best interests to wait until reaching MMI to send a demand letter. Why? If you have not reached this point yet, there’s no way to predict how your condition will improve or worsen in the future. For instance, a brain injury victim will have no way of knowing whether or not he will experience symptoms for the rest of his life until his doctor has declared that he has reached MMI. If you don’t know how your injuries will affect your future, it’s difficult to calculate how much compensation to ask for to cover your future expenses and losses. People who send demand letters before reaching MMI often underestimate the value of their claims so they don’t recover all of the compensation they deserve.

Keep the Statute of Limitations in Mind

There is a two year statute of limitations on most personal injury cases with the exception of car accident cases, which have a three year statute of limitations. Once this time has passed, it will be nearly impossible to take legal action against the party responsible for your injuries. Therefore, it’s important to send the demand letter and initiate the claims process before two or three years have passed.

Send Evidence Before the Demand Letter

Be sure to send all of the evidence the insurance company needs to evaluate your claim prior to sending the demand letter or at the same time the letter is sent. The insurance adjuster should be able to review your medical records, bills, and proof of other losses so he understands the reasoning behind the demand for compensation.

If you have been injured, let the personal injury attorneys at Reisch Law Firm help. Our personal injury attorneys will aggressively pursue the maximum amount of compensation available for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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