What Are the Sections of a Demand Letter in a Personal Injury Case?

A demand letter is very important in personal injury cases and presents all the facts regarding the accident/injuries, the treatment and care provided, medical bills and expenses incurred, and other relevant details. A medical review company can assist personal injury attorneys in the preparation of the personal injury demand letter by providing comprehensive review of the medical chart to identify various relevant medical facts. It is helpful when it comes to convincing the defendant’s insurance company to settle the case. If this letter is effective enough with all the medical data clearly presented, it will help avoid costly litigation. There is no doubt that a well-drafted letter acts as a solid foundation for settlement negotiations and proves the authenticity of your client’s claim. Whether you’re representing a car accident victim or a slip-and-fall injury, the letter must be comprehensive, organized, and legally sound.

How Is a Demand Letter Useful for a Personal Injury Attorney?

• It kickstarts the settlement negotiations.
• Its contents enable the other side to understand that the plaintiff is serious about pursuing the case and expects a fair settlement.
• Demand Letter preparation with the support of a medical review company makes it simple and efficient to organize the case.
• It helps the attorney present the facts in the most appropriate manner.

We can assist with precise and chronological medical summaries that strengthen your demand letter.

The Main Components of a Demand Letter

A Demand Letter prepared with the support of a company that provides medical chart reviews will include the following important sections.

• Introduction and purpose: Here you must state who the injured party is, the date and nature of injury, and the purpose of the letter (i.e. to formally demand due compensation). Along with this, the defendant as well as the basis of liability should be identified.
• Details of the injury(ies) sustained: A detailed description of how the injury occurred, specifying the time, date, location as well as a chronological sequence of events leading to the injury. The impact of the injury and the disability resulting from it must be described. The objective here is to establish negligence and causation with clarity.
• Explanation of liability: Here the legal basis for the claim is outlined. It clarifies why the opposing party is legally liable for the injuries. Supporting evidence including police reports, witness accounts, photos and so on can be referenced here. The plaintiff side must show that the other party was negligent and did not act as carefully as a reasonable person would have under similar circumstances, and that negligence resulted in injuries and damages to the plaintiff.
• Medical treatments undergone, bills and expenses and related records: This part summarizes the medical care received by the plaintiff, referencing the medical records, diagnosis, treatment summaries and prognosis. Chart reviews that link the injuries to the incident must be included. It is best to also include a list of the ICD codes contained in the medical records.
• Economic damages: Medical bills both past and future, details of wages lost or reduced earning capacity, and out-of-pocket expenses must be provided in this section. Accuracy is paramount in this regard and ensure that you provide documentation for each element.
• Non-economic damages: In this section, you must include the pain and suffering of the plaintiff, emotional trauma and loss of enjoyment of life.
• Supporting evidence for demand letter: All applicable records such as medical records, billing statements, employment records, accident reports, expert opinions and photos must be attached to enhance credibility of the claim.
• Demand for settlement: This section details the exact compensation amount the injured party is requesting. This should be backed up with clear justification based on the damages outlined above.
• Deadline for response: Provide a time frame typically for 30 days for the insurance company or opposing counsel to respond.
• Closing statement: The letter should end with a professional and forceful tone emphasizing your client’s right to fair compensation. You should also express your willingness to proceed with litigation if the demand is not met.

Here is a snippet of a sample demand letter for insurance claim that new attorneys may find useful:

Dear [Claims Adjuster’s Name],

Sincerely,
[Attorney Name]
[Law Firm]
Place
Date

Professional Medical Record Review Is Important

The strength of the demand letter relies on well-organized, accurate medical documentation. Its structure and clarity have a direct impact on the outcome of a case. Legal teams that integrate convincing factual presentation with strong medical evidence are more likely to achieve fair settlements. This is where MOS Medical Record Reviews can assist.

Let MOS support your demand letter writing with detailed medical record reviews, summaries and documentation assistance.

Attorneys can benefit from the services of our medical review company that will provide a skilled and experienced review team to perform medical chart review and extract the relevant medical facts.

• This team includes medical reviewers, medical coders and documentation specialists who can help in reviewing the medical bills and expenses, calculate the expenses incurred, and prepare a list of the ICD codes.
• With dedicated medical review services, it is easier for the attorney to achieve out-of-court settlements and reduce law firm costs.

Law firms and attorneys need not invest significant resources on hiring and training medical record reviewers, and overhead costs. Other advantages of outsourcing are cost savings, speedy turnaround time, and improved quality.

Quick Tips for Writing an Effective Personal Injury Demand Letter

• Use bullet points to specify medical treatments and costs
• Personalize the narrative so that you can effectively communicate your client’s suffering
• Avoid exaggerations; let the documentation speak for itself
• Make sure to include timelines for injuries, treatments, and missed work