Demand Process and Asking for Support After an Accident in California

A demand letter is the process of requesting a settlement amount from one party to another in an effort to resolve a dispute. While you can write your own demand letter, the potentially “at-fault” party may be more receptive to your demands if the letter is written by a reputable Personal Injury Attorney. It is common for demand letters to be written by lawyers as consulting with a lawyer is typically the first step in beginning to take legal action after an accident in California.

What Goes into a Demand Letter?

In a personal injury lawsuit, a demand letter serves as a formal request by the accident victim to the liable party’s insurance company, seeking compensation for the injuries sustained and medical expenses incurred. A demand letter is an attempt to settle the matter informally instead of filing a lawsuit and can be submitted by the victim or their attorney.

A demand letter should be descriptive, factual, and truthful. A well-written demand letter can go a long way toward getting the compensation you want, which is why it is recommended to have an attorney assist you with writing it. A poorly worded demand letter can only stand to hurt your case. In general, your demand letter should set forth a solid case and argument as to why the other party is liable and why your damages warrant compensation. The details of the demand letter should contain:

• The time, date, and location of the accident
• The name of the person/company/government entity at fault, along with their contact information (if applicable)
• Details of the injuries you’ve sustained directly from the accident
• Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
• Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them

How Much Should I Ask For in a Demand Letter?

The goal of both the defense (the party being sued) and the plaintiff (the injured party, suing for damages) is to arrive at an agreeable settlement amount that takes into account what the plaintiff would receive through a court judgment. While it is important to rely on a skilled Personal Injury Attorney to write your demand letter, it is just as important to have one who is an experienced negotiator. It is common for settlement demands to be negotiated and having an attorney who can justify your demands with sound evidence will be invaluable to reaching a successful settlement.

Here are some factors to consider when calculating a reasonable settlement offer:

• Strength or weakness of your claims for negligence, carelessness, or recklessness, of the at-fault party who caused your injury
• The existence of carelessness on your part, which may have caused the accident
• Whether jurisdiction of the case is plaintiff-friendly or defendant-friendly
• Duration, extent, and permanence of your injuries
• Any caps or limits on certain damages or insurance policies

Other legal factors may contribute to a low settlement offer, or it may be a case in which the defense is not cooperating. If you do feel the settlement is too low, then an attorney will represent you in court and help you build a case for more compensation.

Why Would One Party Look to Settle?

There is an additional incentive for the defense to want to settle your case because of how unpredictable a jury can be. A trial could potentially conclude with the defense paying hundreds of thousands of dollars more than if they settled, plus they will also be on the hook for attorney’s fees, expert witnesses, and trial costs. Even if they could successfully win their case against you, they will most likely still end up spending more in attorney’s fees and court costs than if they settled your claim. However, there are other reasons why the defense may look to settle. They include:

• Risk management: settlements mitigate risk by ending the lawsuit for both parties
• Cost savings: legal proceedings are expensive and can cost extensive amounts of money, time, and resources
• Control over outcome: a settlement allows the party to control the outcome, rather than awaiting an unpredictable trial verdict
• Confidentiality: settlements can also be an agreement to keep information private, while trials are public
• Preservation of relationships: trials can be damaging to long-term business relationships as they tend to become adversarial, whereas settlements allow both parties to walk away without dispute
• Immediate resolution: trials require lots of time and preparation, whereas settlements can end claims immediately

Despite the benefits of reaching a fair settlement, if the defense is not even close to covering your damages with their offer, then an attorney will be needed to file a lawsuit and represent you in a trial.

What is My Personal Injury Case Worth in California?

Before you decide whether or not to settle your personal injury case, you need to understand how much your lawsuit is worth. However, it is important to know the outcomes of every case vary widely. It is recommended to speak to a reputable attorney to fully comprehend the value of your claim. An experienced personal injury attorney can send a demand letter to the insurance company, requesting compensation for your actual losses, which include:

• Present and future medical expenses
• Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
• Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
• Damage done to your property during the accident

These losses will go toward your settlement amount, as well as non-economic damages such as:

• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident

In addition to non-economic losses, plaintiffs are eligible  to request more money for their non-economic damages if they:

• Had a long recovery period
• Required invasive medical treatment, or medical treatments that were ongoing
• Were particularly painful injuries
• Had obvious physical signs of the injury like scars, or loss of a limb
• Contained severe injuries that resulted in permanent physical alterations or disability

An experienced personal injury attorney will be able to work alongside you to break down the details of your case and give you an accurate estimate of what your case is worth.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

Get Support After an Accident in California

If you or a loved one have been involved in a personal injury accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys are expert negotiators and will aggressively pursue fair compensation for your damages by exercising every legal avenue on your behalf. We’ll put pressure on insurance companies who may try to minimize your injuries and offer you “low-ball” settlements. If you feel you deserve a better settlement or need expert legal representation, contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.