What You Need to Know About Car Accident Claim Demand Letters

Posted on July 28, 2022 by admin

After sustaining serious injuries in a wrongful auto accident, you may be entitled to pursue legal action against the negligent party to obtain compensation for medical bills and similar economic damages. If you obtain a settlement or judgment against the negligent party, their insurance carrier will pay the settlement of judgment, up to the negligent party’s liability insurance limits.

The best strategy for obtaining a full and fair car accident injury settlement is to hire a licensed and experienced personal injury attorney who specializes in motor vehicle accident claims. From there, they may implement an effective strategy to support the full value of your claim that involves creating a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written document that becomes the basis for negotiating compensation for your resulting damages and losses.

Continue below to learn what you need to know about car accident claim demand letters, including what they entail, why most cases require one, and why you should never attempt to write your own.

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The General Template for a Demand Letter

Demand letters are written with a strict focus on facts first, followed by opinions. Facts that are generally included in a demand letter are as follows:

Description of why the claimant believes the other party is to blame. Did they run a red traffic light? Or maybe they neglected to stop at a stop sign? Whatever the violation or cause may be, it should be included in the demand letter.

Description of ALL injuries sustained by the claimant, how they were sustained, how they are being treated, and how the injury or wound is healing or is healed.

A breakdown of all medical-related financial losses associated with the accident, including hospital bills, medical expenses, and any other evidence and documents showing missed time at work, physical therapy, counseling, medical equipment and supplies, fuel costs traveling to and from medical appointments, and similar losses.

Information about an IUM claim, if applicable. This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical expenses and other damages and losses.

This typically completes the introduction of a demand letter. Next is the actual demand section. The demand segment of the letter requires a different set of guidelines that should be followed by the claimant and their legal team. In this section, claimant’s demand compensation for:

Medical Expenses – The hospital can provide documents proving a claimant’s injuries and the treatments that followed. Claimants can also provide bank statements, invoices, and other forms of billing evidence that shows the dollar amount associated with the medical treatment.

Liability – Description of how the accident happened and why the other driver was at fault. This should include police reports, photos and witness statements to support the allegations.

Lost Income – All information on the total amount of lost wages incurred because of the injury. Description of how the injury affected the victim’s ability to work and make money, plus proof on how much time they had to take off from work.

Comparative Negligence – If the defendant’s insurance company attempts to argue comparative fault on the party of the plaintiff/claimant, the plaintiff/claimant’s attorney can argue the facts to the insurance adjuster on why such an argument is without merit.

Emotional Distress and Pain and Suffering – Description of injuries sustained and how they have affected the victim’s everyday life, including pain and suffering and relationships, and more. Also, a detailed description of the injuries and accident and how they have caused the victim suffering and trauma.

What to Keep in Mind as You Proceed With Your Auto Accident Claim

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated and could possibly make or break your compensation claim all together. It is strongly encouraged to hire a seasoned Indiana personal injury law firm to navigate all elements of your claim, including writing your demand letter.

Are you looking for a qualified Indiana auto accident lawyer who can represent your best interests in a car accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned car accident attorney in Indianapolis, Indiana who knows how to obtain the maximum settlement or verdict for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

Can I Receive Personal Injury Compensation Without Filing a Lawsuit?

Posted on November 19, 2021 by admin

In many personal injury cases, surviving victims will file a lawsuit to obtain compensation for their resulting damages. There are many reasons for filing a lawsuit soon after a person is injured as a result of negligent conduct of another. There are time limits set to make your injury claim or you lose your right to. Filing a lawsuit also allows the attorney for the injured party to obtain evidence that they would not be able to obtain without filing a lawsuit.

However, suing is not the only legal recourse for recovering a personal injury settlement after a wrongful accident. Continue reading to learn three alternatives to suing for compensation after being injured in an accident that was not your fault.

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Personal Injury Lawsuits

There are many reasons why a personal injury victim or survivor might wish to avoid a lawsuit. Perhaps they want to evade additional fees and expenses incurred in the legal process; or maybe they just don’t want to experience any level of legal contention or confrontation.

Regardless of why you are interested in the possible alternatives to suing for compensation after a wrongful accident, the most important focus should be choosing the approach that has the best chance of success for your specific case. In order to do this, you must consult with a seasoned Indiana personal injury lawyer.

Alternatives to Suing for Personal Injury Compensation

► Filing a Claim

In cases of accidents with injuries, you may have the option to file a formal claim within the company or store responsible for your damages. They may have a claim-and-compensation procedure that is standard within their business model. You would simply fill out a form filing the claim and requesting compensation. You should not do this without consulting an attorney and it is best to have the attorney do this on your behalf in any event.

For wrongful accidents that happen within government buildings, it is standard to file a government tort claim within the applicable agency. If the government agency denies your claim for compensation, you could then pursue legal action by filing a lawsuit. To pursue a claim against a governmental agency, you must first file a tort claims notice in Indiana and there are very strict guidelines for what the tort claims notice must say and when it must be filed by so you should hire an attorney to do this.

Injuries that happen at work or on the clock while performing work-related duties are filed under a workers’ compensation claim. If the workers’ compensation claim is denied or inadequate, injured workers could take legal action by filing an Application for Adjustment of Claim with the Indiana Worker’s Compensation Board. Again, you should obtain an attorney as soon as possible after the injury occurs.

► Request Compensation Through Your Own Insurance Carrier

You may have the option to contact your own insurance carrier and request compensation for things like medical expenses, hospital bills, and subsequent expenses that you are paying for out-of-pocket because of your accident if you had what is called medical payments coverage. Since the legal process of filing a lawsuit and receiving a settlement can take months or even years, it is quicker to get your medical bills paid by filing a claim with your own insurance company. This will also keep your own medical providers from seeking payment for your medical services from you.

Your insurance company may provide you with compensation and then when you obtain a settlement with the at-fault party’s insurance company, you would reimburse your own company. You should always hire an Indiana personal injury attorney to ensure that you are fully compensated for your damages and losses following a wrongful accident.

► Your Attorney Can Send A Demand Letter

Another alternative to filing a lawsuit is to simply advise the defendant’s insurance company that you will be filing a lawsuit if a fair settlement cannot be reached. It is best to hire a personal injury lawyer to write your demand letter and represent you even if you are not filing a lawsuit. Negotiations and compensation mediation can be complex even without a judge and jury, so it is imperative to have adept legal representation to ensure you receive the full and fair settlement you deserve for your damages and losses.

Are you looking for personal injury lawyer to represent you in a current accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, India n a. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana.

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When Will the Settlement Negotiations Begin for My Accident Claim?

Posted on May 5, 2020 by admin

When you are injured in an accident that was not your fault, it is important to hire a personal injury lawyer to represent you in your claim because they have the knowledge and resources to ensure you recover a full settlement from the insurance company. One of the most crucial stages of the personal injury claim process is settlement negotiations. During this time, your legal team will go back and forth with the insurance company until they have reached a fair settlement. If no settlement is reached, then a jury will decide the case. What many personal injury claimants are eager to know, however, is when their settlement negotiations will begin. As an accident victim, you might be wondering this, too.

Continue reading to find out what to expect surrounding your potential accident claim negotiations.

The Start of Settlement Negotiations

Normally, a demand letter is not sent to the defense until the injured person has completed their treatment or until the person has reached maximum medical improvement, meaning no further care will make the injured person better. Of course, part of a demand includes providing all relevant medical records, medical bills and lost wage documentation, as well as possibly obtaining expert witness and physician reports in some cases.

Once the opposing party’s insurance adjuster receives the demand letter, written by your personal injury lawyer, the settlement negotiations can begin. Such negotiations will take place among you, the insurance adjuster, and your legal team, however, your lawyers will speak on your behalf. Although an insurance adjuster will usually call you within one to two weeks of receiving the demand letter, the first document you will likely receive after sending it is a Reservations of Rights letter.

Demand Letters and Reservations of Rights Letters

A Reservations of Rights letter is an official document sent by the insurance company to let you know they have received your demand letter and have decided to begin investigating the claim, but they reserve the right to not pay you anything if it turns out that the accident is not covered under the particular policy. See our blog, “The Difference Between a Reservations of Rights Letter and a Demand Letter” to learn more about these two important documents.

When Adjusters Do Not Respond

In some cases, insurance adjusters can take some time to get back to claimants. This is usually a result of being busy with other cases, or needing time to study the claim and review all the medical records. If they do not get back to you within 4 weeks of sending your demand letter, your lawyers to take action by contacting the claims department. If a specific date still cannot be set for the adjuster to respond to the demand letter, your lawyers might decide to go above their head and contact their supervisors.

How to Get Help With Your Indiana Accident Claim

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you. We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out! The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

The Difference Between a Reservations of Rights Letter and a Demand Letter

Posted on February 14, 2020 by admin

After being hurt in an accident that was no fault of their own, an injured victim will likely make a claim against the at-fault party’s insurance carrier in order to collect compensation for their damages, including property damages. Upon doing so, the first document they will send to the insurance adjuster is called a demand letter. Likewise, the first document they might receive in return from the insurance provider is called a “reservations of rights” letter.

Continue reading to learn the difference between these two documents, and how to ensure your claim is on the right track to a successful outcome.

Demand Letters

Initial demand letters are for property damages. Once an injured party has finished their medical care, a demand letter for personal injuries is sent.

After sustaining injuries associated with an auto accident that was the other driver’s fault, you may need to take charge fast in order to receive compensation for property damages, medical bills and emotional suffering. One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated. Hiring a professional personal injury attorney who will write this demand letter is strongly advised for anyone involved in a personal injury auto accident case.

In the introduction of a demand letter, often times, stone-cold facts are the focus, rather than hear-say, opinions, and accusations. Facts and evidence are necessary to a personal injury auto accident case and any other case for that matter. Once the introduction segment of the letter is complete, the demand section follows. In the demand segment of the letter, facts and injuries, supported by the evidence, are set forth as well as a demand amount.

Reservations of Rights Letter

Once a personal injury victim files a claim with or against an insurance company, the first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. When victims receive a Reservations of Rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents.

Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A Reservations of Rights letter simply conveys to the claimant that the insurance provider for the at-fault party “reserves the right” to not pay for anything if the accident is not covered under the at-fault person’s or entity’s insurance policy. It also informs the claimant that they are still going to investigate the case to assess liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy.

How to Learn More About Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your unique Indiana personal injury claim. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries in an accident that was not your fault. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

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