Free Case Consultations
Request Free Consultation
Attorney signing contract

How to Compose a Demand Letter for a Personal Injury Case in Colorado

Posted on February 21, 2022 in

In Colorado, if someone else injures you, you may be eligible for financial compensation from that party’s insurance company to pay for your medical bills and other losses. To recover this compensation, you can submit a document known as a demand letter to the defendant’s insurance provider. It is important to ensure that your demand letter is composed correctly, as it can make the difference between winning and losing your case.

What Is a Demand Letter?

A demand letter is a document sent to someone in an attempt to resolve a legal dispute. Demand letters are used if one party owes money to another party or has some other type of obligation to the sender. Demand letters are also used during personal injury insurance claims. If you get injured in an accident in Colorado, such as a car crash, you can send a demand letter to the other driver’s insurance company to notify them that you are seeking financial compensation – and that if you don’t get it, you plan on going to court.

What Sections Should I Include in a Demand Letter?

The demand letter is often the first time that the other party’s insurance company realizes that you are serious about pursuing financial compensation. A demand letter should be written carefully and concisely. It should contain all of the necessary sections and language to get your point across without saying something that will hurt your case. The basic sections of a demand letter are:

  • The heading. At the top of the page should be your name and address, the date, the name and address of the insurance company, the name and address of the insured party, the insurance policy number, and the insurance claim number.
  • A description of the accident. Explain what happened in the body of the letter. Give your side of the story. Provide all important details, dates, people, events, times, etc. Include any photos or physical evidence that you have to support your claim, as well.
  • The basis for damages. Include an itemized list of all of the losses that you suffered in the accident. Explain why you believe the insured party is liable, such as a description of that party’s act of negligence.
  • Your settlement demand (“the ask”). Your demand letter must include a specific demand. It must clearly ask for a specific amount of money, with reasons to support why you are asking for this amount. It should also give an alternative – taking the case to court if the insurer does not agree to your demands.
  • A conclusion. The conclusion of your demand letter should give the recipient a certain amount of time to respond, such as 15 days. Then, it will have your contact information, name and signature.

Your demand letter should use polite yet compelling language that shows the insurance company that you are to be taken seriously. It should clearly state what you are demanding in exchange for ending the legal dispute. It should be typed, not handwritten, and expressly state that you plan on taking action and going to court if the insurer does not agree to your demands. Make a copy of the demand letter for your own records, then send it to the insurance company or defendant.

Contact Our Personal Injury Attorneys To Perform These Tasks

A well-written demand letter can prevent your case from going to trial. The power of your demand letter could result in a favorable outcome without wasted time, money or energy. For the strongest possible demand letter, hire an attorney to create this document for you. A personal injury attorney in Lakewood will have the knowledge and experience to craft a professional document that will optimize your chances of receiving a fair settlement offer 

A lawyer will know exactly what needs to be included in your demand letter, as well as what not to say, to protect your legal rights. In addition, a lawyer can help you with what comes after: settlement negotiations, counteroffers and even a personal injury trial. You can relax and focus on healing while a personal injury lawyer takes care of your demand letter for you. For more information about obtaining a demand letter from a law firm, contact James L. Finegan, P.C. for a free consultation.