Texas Personal Injury Blog
Last Updated : October 21, 2022

What Happens After Your Lawyer Sends a Demand Letter?

Posted on Saturday, October 15th, 2022 at 5:07 pm    

If you are injured in an accident in Beaumont, Texas, that was not your fault, you may be entitled to compensation. The process of recovering money begins when you file an insurance claim with the at-fault party’s insurance company.

The insurance claim should give the company enough information to decide whether they will accept or deny your claim. However, while insurance companies plan for the eventuality of paying on claims, they don’t make the process easy. Companies try to avoid significant settlement payouts whenever possible.

When you hire a personal injury attorney, you can avoid common pitfalls during negotiations. Additionally, an experienced Beaumont personal injury attorney can help increase the potential that you will recover the maximum settlement possible. It is essential that the demand letter is organized, convincing, and contains the necessary information about your case.

What Is a Demand Letter?

A demand letter is a document your attorney sends to the at-fault party’s insurance company to initiate settlement negotiations. This letter notifies the insurance company that you’re serious about negotiating a fair settlement.

The letter should include several components:

  • Basic Information: The letter will include your identifying details and other facts about you. It will include the date of the accident and the type of accident.
  • Narrative: Your attorney will write a simple narrative of the facts of the case. They will outline how the accident took place and provide a detailed explanation of how the other party was negligent and is liable for your injuries.
  • Injuries and Losses: The letter must also identify the specific injuries you’ve suffered, the cost of medical treatment, and information about your recovery. If you were unable to return to work, it should also include specific information about the wages you lost from time off work. If the accident caused property damage to your personal property or vehicle, the letter would include an explanation of those losses, as well.
  • Documentation: The demand letter must be accompanied by documents that support your claim, such as medical reports, witness statements, police reports, and a statement from your physician that details your medical condition.

The information in the demand letter must be accurate, verifiable, and documented. If you are unable to come to a successful settlement and ultimately file a personal injury lawsuit, the judge will see the demand letter as part of the case file.

The letter must also be carefully drafted to be sure it doesn’t suggest that you’d be willing to waive any of your rights.

In the long run, a well-crafted demand letter can save you time and money. Litigation is time-consuming and expensive. If your demand letter successfully opens negotiations and you and the insurance company arrive at a fair settlement, you can get back on your feet and move forward much more quickly than if you took your case to trial.

How Long After Demand Letter Can I Expect Settlement?

The response time after a demand letter is sent can vary. Typically, you get an answer within several weeks, but sometimes the process can take longer. Factors that can delay an answer include the size of the claim, the workload at the insurance company, vacations, holidays, and staffing.

It’s likely that after a demand letter is sent, the insurance company will send an offer lower than the amount requested, or they will deny the claim. These factors also play a part and how long it takes to reach a successful settlement and get your check.

In a perfect world, the insurance company will accept the demand letter request within two weeks and send a check within two weeks of the acceptance letter. However, in most cases, there are obstacles that must be overcome, including the insurance company’s desire for a lower settlement.

It is difficult to estimate how long it takes to get a settlement check from the time a demand letter is sent. However, when you work with the experienced Beaumont personal injury attorneys at Portner Bond, PLLC, we will use our years of experience to help estimate how long it might take in your case based on the size of the claim, our experience with the particular insurance company, and the details of your case.

Contact Portner Bond, PLLC Today for Help with Your Personal Injury Claim

If you are injured in an accident in Beaumont that was not your fault, you need an experienced and skilled personal injury attorney at your side. Contact Portner Bond, PLLC today at (409) 838-4444 for your free consultation and case evaluation. You will meet with one of our lawyers, who will listen to your situation, answer your questions, and advise you on your next best steps.