Normally clients have done treating and the case is either ready to settle or to file a lawsuit. Once all treatment is done and the medical records and bills have all been obtain a demand package is ready to be prepared and sent to the insurance company.
Normally the insurance company is given 30 days to respond after the demand letter is sent.
What is a Demand Letter?
The demand letter is normally written by the attorney and spells out
- How your injuries were sustained – DAMAGES
- How your injuries have impacted your life – PAIN AND SUFFERING
- The extent of your medical treatment and associated expenses – MEDICAL BILLS – PAID AND INCURRED
- Reasoning as to why the other party is liable for your injuries – NEGLIGENCE
- The amount of income you lost over the accident – LOST WAGES
The demand letter gives the insurance company a deadline to respond, this called a Stowers Demand, which the insurance company must respond to in Good Faith or failure to pay could result in a Bad Faith Award for failing to pay timely or in the amount of the policy.
Call our law firm if you have further questions regarding sending a settlement demand letter or handling your personal injury case.
Call Alex R. Hernandez Jr. at 1-888-HDZLAW-8