How To Decide What To Ask For In Demand Letter?
What a claimant is willing to settle for differs from the amount stated in the demand letter. How should claimants decide on the figure to mention in that specific letter?
Factors to consider when making decision
• The nature and extent of the reported injuries
• The existence, or absence of any questions, regarding who should be named “at-fault”
• Any information provided by witnesses, if there were any
• Any hint that a jury would sympathize with either side
• What claimant has realized about his or her level of patience, with respect to a personal injury settlement process.
Claimant should keep in mind his or her minimum acceptable figure.
The claimant’s initial demand should be well above that acceptable figure. Lawyers suggest demanding an amount that is 75% to 100% greater than that minimum acceptable figure. The initial demand should not be an outrageously large amount of money. It ought to be a believable/reasonable amount.
How claimant should approach the presentation of the demand.
Make sure that the same demand represents a calculated and specific amount. It precedes demand with facts, which help to support the size of the amount that has been demanded. For instance, repeat any reference to a fact that strengthens one of the stated arguments. That reference could prove as significant as the number quoted in the demand letter.
Be prepared for a range of possible responses from the adjuster. For example, know how to answer a low-ball offer. That involves seeking a written justification for that low offer. After communicating the initial demand, be patient, while awaiting the adjuster’s reply. Yet realize the possible necessity for putting some pressure on the insurance company. Understand, too, just how much pressure to exert on the adjuster.
Personal injury lawyer in Porterville asks you not to delay action, if an expected response has not appeared. Yet make any act appear to be something that would mimic the actions of a professional. Do not destroy the power of a possible future action.
Claimants must work, in order to convince an insurance company to take their claim seriously. Sometimes that effort requires the filing of a lawsuit, one that targets the insurer. An implied power should back that same lawsuit. That would be the power that gets linked to a courtroom trial. Claimants become more powerful by suggesting their intentions, with respect to pursuing the filed lawsuit. Still, the legal system does not insist on pursuit of a lawsuit, to the point where the plaintiff must spend many hours in a courtroom.
Admittedly, the figure in the demand letter does catch the attention of the insurance company. Still, added information in the demand letter could prove as noteworthy as the mention of any monetary amount. Bear that in mind.