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what is a demand package in a personal injury case

what is a demand package in a personal injury case

what is a demand package in a personal injury case插图

The demand package is acollection of all of the medical bills and documents that illustrate your injuries and wage loss. We prepare the demand package during the pre-litigation, or pre-lit, stage of the personal injury claims process. Submitting a demand package marks the beginning of our negotiations with the insurance company.

What is the average settlement for personal injury?

On the lower end of the spectrum, personal injury cases can settle for a few thousand dollars. However, these cases often settle for more depending on the specifics of your case. The average settlement amount for personal injury cases is anywhere between $3,000-$75,000.

What is the average payout for a personal injury claim?

While the majority of personal injury cases can average between a $3,000 to $25,000 payout, a large percentage of plaintiffs can receive over $25,000 with many settling beyond the $75,000 mark.

How do you calculate a personal injury claim?

A person must first owe a duty to you. A duty arises when the law recognizes some sort of relationship between you and the person causing the injury. …Second,the person who injured you must have breached the duty they owed to you. …Third,a person’s actions must have caused your injuries. …Finally,you must be able to prove damages. …

What is a typical personal injury settlement?

On the low end, an injury case might settle for only a few thousand dollars. But many personal injury cases settle for much more. An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect.

How Can Washington Law Center Help?

Please call the experienced attorneys at Washington Law Center for a free case review.

What is demand package?

A demand package paints a picture of the financial, physical and emotional difficulties that you endured following a motor vehicle collision or other injury.

What are special damages?

Special damages include costs such as medical bills, mileage expenses and lost income, which have an easily-quantifiable value.

How long does it take for a lawyer to respond to a demand package?

Once we receive your authority to send the demand package, your attorney will give them about thirty (30) days to receive, review and present its first offer. Each offer your attorney receives will then be presented to you. They will give you their opinion as to whether to accept the offer, respond with a counter-demand, or litigate. However, the final decision will always be yours.

Is litigation expensive?

Litigation can be expensive and time-consuming and not the right choice for everyone. A poorly put together demand package can deter the insurance company from forcing a clear, reasonable case into litigation.

Who is Ashton Dennis?

Ashton Dennis is a litigation and trial attorney at Washington Law Center focused on representing individuals and families who have suffered a serious personal injury or wrongful death. He was named one of the “Top 40 Under 40” by the National Trial Lawyers of Washington State and one of the “Premier 100” trial attorneys by the American Academy of Trial Lawyers in Washington. Click here to learn more about Ashton.

What is a strong demand?

A strong demand that methodically and persuasively lays out your case and explains how your life has been adversely affected by the negligence or carelessness of another person, can lead to a favorable settlement of your case, even without having to file a lawsuit .

How does a written demand tell your story?

The written demand will tell your story by describing your injuries and treatment, presenting the medical evidence detailing your injuries, explaining how your life had been affected and how your life may continue to be affected, and provide all of the documentation that has been meticulously assembled in support of your case.

What do you need to gather for a personal injury claim?

First, your attorney will gather all of your doctor’s reports, medical reports, medical bills, documentation regarding your lost wages and other financial damages, police reports, photographs, video recordings, and any other documents and evidence supporting your personal injury claim.

What does a personal injury lawyer do?

While you were completing your treatment, your personal injury lawyer will be performing an investigation of the facts and circumstances surrounding your case, obtaining pertinent records, and building up a strong case to obtain justice and just compensation for your injuries.

What is demand process?

Your personal injury lawyer knows that the demand process is heavily fact-driven and labor intensive; the more thorough and convincing your written demand, the better the results you can expect to obtain. The demand process is a critical part of the personal injury claim process and requires the skill and experience of an expert personal injury …

What happens if you don’t get a settlement from your insurance company?

In the event that the demand does not result in a favorable settlement, or the insurance company for the person who injured you is not willing to pay you a fair sum of money, then your injury attorney will file a lawsuit in court and take your case to trial.

What Goes into a Demand Letter?

A demand letter is meant to inform the liable party, like an insurance company, that you are taking legal action to pursue compensation for your damages. In an injury claim, this typically means compensation for your medical bills, pain and suffering, lost wages, damage to property, and more.

What to do if your insurance company denies liability?

However, if the insurance company outright denies liability or fails to meet your demands despite numerous counteroffers, your attorney may recommend filing a lawsuit to recover the compensation you need. Although this outcome is more likely than the insurance company agreeing to your initial demands, it is still less likely than the second option, as most personal injury claims are settled before going to trial.

What should a demand letter end with?

Lastly, your letter should end with your specific demands for compensation. It is important that your demand letter is courteous and professional when stating these demands as well as when asking the insurance company for a response within a reasonable time.

What happens if you accept an insurance claim?

The first, and the most unlikely, outcome is that your demands are accepted by the insurance company, your settlement is paid out and the case is closed.

What evidence should be used to prove that the other party is liable for damages?

Next, you can outline the evidence from your claim that proves the other party is liable for damages. This could be a description of any police or medical reports that support your claim that the other person acted negligently.

What is the introductory portion of a demand letter?

The introductory portion of the letter generally provides information about you and who the letter is directed toward as well as why you are writing the demand letter. This is where you get the opportunity to discuss what led up to the accident that caused your injuries in as much detail as possible.

When you file an insurance claim for an injury caused by the negligence of another, do you have to send the insurance company?

When you file an insurance claim for an injury caused by the negligence of another, you may be required to send the insurance company a written statement in which you list what your demands for compensation are.

What do lawyers lay out in a demand letter?

In most demand letters our lawyers write, we lay out the itemized medical bills and economic losses first. Then we explain the negligence of the defendant. The majority of the rest of the letter is spend layout out the injuries and the damages and how the harms to the plaintiff impacted her life.

What happens if you don’t respond to a demand letter?

So first make sure the correspondence was received? But, ultimately, the response to a failure to respond to a demand letter is a lawsuit.

How long does it take for an insurance company to respond to a demand letter?

After the demand letter is written, it take the insurance company between 20-60 days to respond. Where in that range you fall depends on the insurance company and the severity of the victim’s injuries.

How long does it take for a medical demand letter to be written?

After the demand letter is written, it take the insurance company between 20-60 days to respond. Where in that range you fall depends on the insurance company and the severity of the victim’s injuries.

What is a demand letter for personal injury?

A personal injury demand letter is the launching points for settlement negotiations for compensation for the harm caused by injuries or the death of a loved one. The hope is get a good settlement without the need for filing a lawsuit. How Do You Write a Demand Letter? Writing a demand letter is an art form.

Where did Clarance David work?

He was a civilian, but worked for the Department of Housing and Public Works at the United States Naval Academy in Annapolis, Maryland . He worked for this branch of the military for many years and worked his way up the ladder.

Who was the defendant in the case of the tractor trailer crash?

At the same time, Defendant Pakacki was operating a tractor-trailer northbound on Interstate 95, directly behind the vehicle in which Plaintiff was a passenger. The tractor-trailer crashed into the back of the vehicle occupied by the Plaintiff and forced that vehicle into a vehicle directly in front of him.

What is the duty of insurance companies in Florida?

Insurance companies operating in Florida are under a legal duty to adjust claims in good faith to prevent their insureds from being subject to excess judgments (a court judgment in excess of a policy’s liability limit). A carrier that fails to act in good faith may be forced to satisfy an excess judgment as punishment for breaching the duty.

What happens if a carrier fails to tender the policy limits?

If the carrier fails to tender the policy limits within a reasonable period of time after receiving sufficient evidence, we will file suit against its insured. The lawsuit seeks full damages, not just policy limit damages. If we get a final judgment in excess of the policy limit and can prove that the carrier should have settled before suit for the policy limit, we may be successful in making the insurer, rather than the insured, pay the policy plus the excess.

Why do insurance companies seek elimination of good faith/bad faith laws?

The threat of excess judgments is what motivates carriers to handle claims in good faith. Without this threat, carriers would never settle any cases. They would force every case to trial. This would deny full and speedy justice to the overwhelming majority of accident victims. It is why, year after year, the insurance companies seek elimination of the good faith/bad faith laws that require proper claim handling.

What information do you send to a carrier?

In cases where, in our view, damages, from the outset, clearly exceed policy limits, we will typically provide the carrier with information in bits and pieces as we receive it. We may be the first to get the police report. We send it to the carrier. As we receive medical bills, such as a large hospital bill for care provided during the days after the accident, we forward it to the carrier. Property damage photos, treating doctor reports and bills, MRI reports and CDs are other examples of evidence we feed to the carrier as we get it. The idea is to tip the scale enough to get the carrier to tender or be comfortable filing suit for an excess judgment.