What is a Demand Letter
A demand letter is a formal document sent to the opposing party to outline a legal claim, explain damages, and request compensation. If you’re wondering how to write a strong demand letter in Texas, it’s often the first step to resolving a dispute without going to court. A well-written demand letter for a personal injury case clearly presents the facts, provides evidence, and demonstrates seriousness while offering an opportunity to settle.
What to Include in a Demand Letter
Clear Identification of Parties
Start by identifying yourself, the opposing party, and any relevant businesses or insurers involved. Accuracy is crucial to avoiding confusion and ensuring the letter is legally effective.
Statement of Facts
Provide a timeline of events leading to the dispute. Include dates, locations, and descriptions of what happened. The narrative should be factual, straightforward, and supported by any available documentation such as police reports, photographs, or medical records.
Legal Basis of the Claim
Cite why the party is liable for your damages. For instance, in a car accident, if you were rear-ended at a stop light, a statement like, “your insured failed to control speed and timely apply the brakes in a timely manner.” Provide the insurance company with sufficient information to identify the liable party. You may also want to reference a crash report that cites the other driver.
Description of Damages
Break down the financial, physical, and emotional impact of the incident. Common categories include:
- Medical expenses and treatment costs
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Specific Demand for Compensation
Clearly state the amount of money or specific remedy you are seeking. The demand should be based on documented losses and supported by evidence. Don’t be vague; ensure the requested amount is both reasonable and firm.
Our personal injury attorney at Baumgartner Law Firm recommends keeping your demand within a reasonable range. If the settlement amount you demand is too high, the demand will fall flat, and you’ll only get a low-ball offer in response.
Deadline for Response
Set a clear deadline, typically within 7 to 30 days, for the opposing party to respond. A firm deadline shows seriousness and encourages a timely resolution. If you set a deadline, be prepared to take additional action if it is not met.
Consequences of Non-Compliance
Explain what will happen if the demand is not met, such as filing a lawsuit in a Texas court. Keep it professional but assertive and make clear that legal action is next. If you are handling the case without a lawyer, consider suggesting that if the case is not settled, you will hire counsel.
Tone and Structure of a Demand Letter: professional, respectful, and firm. Don’t be emotional or aggressive. The letter should be formatted like a business communication with headings, paragraphs, and a professional closing. You want to persuade, not antagonize.
Evidence to Support Your Demand Letter
In Texas, evidence plays a crucial role in settlement negotiations. Always attach or reference documents that back up your claims:
- Medical bills and treatment records
- Repair invoices
- Employment records showing lost wages
- Photographs or video evidence
- Witness statements
The more evidence you have, the stronger your letter.
Sample Demand Letter Structure
- Introduction – Identify yourself and the opposing party.
- Statement of Facts – Outline the events and circumstances.
- Liability Argument – Explain why the opposing party is legally responsible.
- Damages – Break down your losses.
- Demand for Compensation – State the specific amount.
- Deadline – Provide a firm response date.
- Conclusion – Indicate you will pursue legal action if ignored.
Why a Demand Letter Matters
A well-written demand letter can yield a faster and more favorable result. It creates a record of your claim, demonstrates your willingness to settle, and can influence insurance negotiations. If litigation is necessary, the demand letter may help demonstrate that the insurance company was not reasonable in its settlement attempts if the verdict exceeds the defendant’s liability policy limits.
Contact Baumgartner Law Firm for a Free Case Evaluation
Our Houston personal injury law firm has helped accident victims in Texas since 1985. We offer a free case evaluation on injury cases.
6711 Cypress Creek Pkwy, Houston, TX, 77069
