Utah’s personal injuries laws give you the legal ground to seek financial claims from the person(s) responsible for your injury. Writing a legal demand letter with your claim amount is one of the main steps.
Read on to find out everything you should include (and not) in a settlement demand letter. However, like any legal procedure, there are many nuances to this, and it is best to consult with an experienced car accident attorney Utah before submitting the letter.
What is a Claim Demand Letter?
As the name suggests, a demand letter is a legal document that outlines the extent of your damages or injuries due to an accident. It provides you the scope to explain what happened on the unfortunate day and how the actions of the person liable impacted your daily life. It contains an extensive list of all the damages and financial losses you had to bear due to the accident and the amount you want as compensation.
A good demand letter should include –
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- A Brief Account of the Incident – Explain your Point of View in the matter and include all police reports, witness statements, photographic evidence, or any other records. Stick to only the facts and refrain from using incorrect language or deep, personal opinions.
- A Proof of Negligence – Even if you and everyone else at the accident scene know who is at fault, you still need to prove that the other party was at fault to make them liable in the eyes of the law. Describe at length what exactly happened that resulted in the accident. For example, if the other car hit from the rear end while standing at a signal, emphasize that you were only following the driving code, and it was the other driver who failed to abide by the law.
- An Account of your Injuries – Give a detailed list of your injuries due to the accident. Include even the permanent ones (even if it is scar) as these get you more compensation. Include supporting documents from doctors and try to use the correct medical terms as much as you can.
- A list of medical and Other Expenses/Loses – Be on point with documenting your medical treatment and include the name(s) of the hospital and doctors who treated you along with the bill. If you lost a job or wages, do include that as well. Loses can be intangible as well, like anxiety, panic, embarrassment, etc.
- Your Claim Amount – Calculate your total expenses and value for loss to give a compensation amount. Always increase the compensation you quote to create room for negotiations.
What not to Include –
- Your Fault – Even if you think you slipped up a little bit, never mention that in a demand letter. The whole point of this letter is to state honest facts in a way that is favorable to your cause.
Summing Up
If you meet with a car accident or know someone who has, the biggest concern (after taking care of the physical injuries) is getting compensation for the losses. Taking help from an experienced attorney makes the process of settlement hassle-free.