What Should Be Included in a Demand Letter?

If you suffered an injury due to the negligence of another, you may be eligible to pursue compensation for your damages. One of the most important steps in pursuing compensation from the liable party is sending that party or that party’s insurance company a demand letter to notify them you are seeking compensation and plan to pursue legal action unless your demands are met.

Our experienced personal injury lawyers in Fort Worth have drafted countless demand letters. Below, we discuss what is written in these letters. If you need assistance with a personal injury claim, give us a call today to schedule a free consultation.

Components of a Personal Injury Demand Letter:

Introduction: A demand letter is a formal request for compensation addressed to the liable party after a personal injury. It should begin by identifying the sender (the injured party) and the recipient (the at-fault individual or insurer), clearly stating the purpose—to resolve the matter without litigation.

Facts of the Case: This section summarizes the incident. Include the exact date, time, and location of the injury, such as a vehicle crash on I-30 in Fort Worth. Describe the sequence of events that led to the injury.

Liability: Texas personal injury law requires proof of negligence. Explain how the opposing party breached their duty of care, causing the accident. Reference supporting documents, such as the police report or eyewitness statements.

Injuries and Medical Treatment: List the injuries sustained and outline treatments received—from emergency care to ongoing therapy. Highlight long-term consequences like chronic pain or disability.

Damages: Break down your losses:

• Medical expenses (past and projected)
• Lost income
• Property damage
• Pain and suffering

Demand for Compensation: Specify the compensation amount being sought. Justify the figure using your documented losses.

Deadline: Set a firm deadline for response, typically 30 days.

Consequences of Non-Compliance: State that legal action will follow if there’s no response by the deadline.

Facts About the Accident

Demand letters should include the victim’s narrative about the accident. That way, if your claim ends up in court, you have documented your account of events to challenge the insurance company’s claims. Your narrative should provide clear context to someone who is not familiar with the situation and is hearing about the accident for the first time.

The demand letter needs to provide the date and time of the accident and where and how it happened.

Extent of Your Damages

A demand letter should also include the damages you suffered. Damages include, but are not limited to:

• Property damage
• Medical bills for diagnosis, treatment, ambulatory transport and hospitalizations
• Lost wages due to injuries that prevent you from working
• Funeral and burial expenses if your accident resulted in a fatality

Unique facts about your damages should also be included in your letter if they apply. For example, if you were an active person who was a regular at the gym, but you cannot exercise or play sports as much as you did before, it may be a good idea to include this in the letter.

Evidence to Support Your Claim

Referring to evidence that may help support your claim is also an important part of a demand letter. This helps establish credibility and proof that your injuries were caused by someone else’s negligence.

In your demand letter, you may refer to a police report if you were hurt in a motor vehicle accident and the police were called to the scene. If your injuries were caused by a slip and fall in a store, and you were able to obtain surveillance footage of the accident, you may also refer to the video in your letter.

The clearer and more concise you are when referring to the evidence to support your claim, the better off you may fare if your claim ends up before a jury.

Your Specific Demands for Compensation

Lastly, a letter without a clear statement of your demands may be perceived as a list of grievances instead of a demand letter.

The letter should include your expectations for monetary compensation in a professional and courteous way and ask the insurance company for a response within a reasonable time. Demand letters often say the victim intends to file a lawsuit if his or her demands are not met.

Additional Tips for Writing a Strong Demand Letter

When crafting your demand letter, strengthening its clarity, tone, and structure can make a meaningful difference. Keep these professional practices in mind to enhance the impact and effectiveness of your message:

• Collect all supporting evidence
• Maintain a respectful tone
• Use plain, direct language
• Clearly justify your demand
• Give a reasonable time to respond
• Consult a Texas attorney for guidance

Call Today for Help with Your Claim

Our lawyers have many years of combined experience securing compensation for our clients and are prepared to help you. We do not charge you anything up front and only get paid if you do.

While many claims are resolved through an insurance settlement, it is also important to be prepared to go to court. Our attorneys have secured many insurance settlements and have also gone to court numerous times to recover compensation.

Call today for a free consultation: (817) 920-9000.