What Happens After My Lawyer Sends Me a Demand Letter?

Demand letters play a crucial role in resolving legal disputes. If you’ve received a demand letter from your lawyer, you might be wondering, “What happens after my lawyer sends me a demand letter?” This letter details your claim, the compensation sought, and other pertinent information. 

Our attorneys are here to help guide you through the next steps. Various outcomes can follow the issuance of a demand letter, and understanding these can be key to achieving a successful result. Contact a Charleston personal injury lawyer to learn more about your next steps.

What Is a Demand Letter?

In a personal injury claim, a demand letter is sent to the insurance company detailing the settlement number the injured party is seeking. This letter provides comprehensive information about the case, which can include:

• The nature of the injury and its effects on the victim’s daily life.
• The requested compensation amount.
• The time, date, and location of the incident.
• A summary of events that led up to the incident.
• An explanation about why the policyholder is at fault.
• The treatment timeline and recovery progress.
• The total expenses incurred by the victim.

Usually, a personal injury attorney submits a demand letter after their client has completed the necessary treatment. However, if care is ongoing, the lawyer can include future treatment details and estimated costs.

Supporting Evidence

The demand letter is a crucial part of settling a claim, but it’s not the only one. Our attorneys can also provide evidence to strengthen the case, such as:

• Medical records, including physical therapy records, operative reports, and diagnostic test results.
• Photos from the scene.
• Security camera footage of the accident.
• Police or incident reports.
• Billing statements, receipts, or other cost documentation.

Next Steps:

Typically sent via certified mail, the recipient may respond with acceptance, denial, or a counteroffer. If no agreement is reached, the dispute may proceed to court. Detailed information is listed below.

What Happens After Receiving the Demand Letter?

What happens after your personal injury attorney sends a demand letter to the insurance company is that settlement negotiations begin. The insurance company may agree to the requested amount to settle the claim. However, they often seek to deny the claim or offer significantly lower compensation.

If the at-fault party’s insurance company rejects the demands, your attorney may file a lawsuit. This involves preparing legal documents and can lead to a trial if no settlement is reached. Filing a lawsuit shows you are serious about pursuing full compensation.

If the other party accepts your offer, they will provide a settlement agreement. This document outlines the settlement terms and must be reviewed carefully by you and your lawyer. Accepting the settlement usually means you cannot pursue further legal action related to the incident.

In summary, the three possible outcomes after sending a demand letter include: 

• Demand accepted: The insurance company agrees with the evidence and the amount requested, leading to a settlement.
• Negotiations and counteroffer: The insurance company proposes a different amount, initiating negotiations. This process continues until a settlement is reached or your attorney deems further legal action necessary.
• Claim denied: If the insurance company denies the claim, the next step is to file a lawsuit.

How Long Can I Expect to Get a Settlement After Sending a Demand Letter?

Once your lawyer submits a demand letter to the insurance company, you can typically expect a response within 30 to 45 days, though some insurers may take longer. The insurer can choose to accept the offer, propose a counteroffer, or reject the claim outright. 

How long it takes to receive a settlement can vary. The response time is influenced by several factors:

• Follow-up speed: Having a personal injury lawyer on your side can be highly beneficial. Regular follow-ups and communication with the claims adjuster can help move the process along more quickly.
• Company size: Larger insurance companies often have more resources and efficient processes, leading to quicker responses. Smaller insurers might take more time due to limited staff.
• Claim complexity: Simpler claims with minimal medical expenses are usually processed faster. More complex claims that involve extensive treatment and documentation take longer to review.

Settlement Negotiation Timeline

The duration of settlement negotiations can range from a few weeks to several months, depending on the specifics of your case and the willingness of both parties to reach an agreement. Complicated or contentious negotiations may prolong the process further.

Consult with a personal injury lawyer experienced in similar cases to gain a clearer understanding of how long your case might take to settle. We can provide valuable insights and guidance tailored to your situation.

Should I Hire an Attorney to Help Me With My Demand Letter?

Absolutely. An experienced attorney can assist in organizing facts, gathering evidence, analyzing the law, and determining a fair settlement offer. Crafting an effective demand letter is intricate and best handled by a professional. 

The Thumbs Up Guys have experience in various personal injury cases and are determined to help you prepare your case and draft a compelling demand letter to successfully move your claim forward. 

Call the Thumbs Up Guys About Receiving a Demand Letter

Wondering, “What happens after my lawyer sends me a demand letter?” It’s essential to stay proactive and informed. Regularly communicate with your attorney to stay updated on any responses from the insurance company.

If the insurer responds with a counteroffer or denial, your lawyer will guide you through the next steps, whether negotiating further or preparing to file a lawsuit. Patience is key, as settlement negotiations can take time.

Remember, The Thumbs Up Guys have won millions for their clients and won’t charge you anything unless you win. Trust our knowledge to handle your case and strive for the best possible outcome.