In the case of a legal dispute with another party, sometimes all it takes is a strong demand letter to get what you want. Wiring a strong demand letter is a skill that is essential in getting the best outcome. There are several elements to include in your letter before delivering it, so follow these steps to write a strong letter and get the compensation you deserve for your injuries, other damages, and suffering.
Consider The Relationship With The Other Party
The first thing to consider is the relationship with the person who will receive your demand letter. Is it a professional that you want to maintain a working relationship with? Is it your employer with whom you plan to continue working? Is it a stranger? This will make all the difference in the tone you use in your letter. You want to keep the tone as non-emotional as possible in any demand letter. However, when the recipient is a person/business you have a working relationship with, you want to be extra careful with your words.
Writing Your Letter
Whenever you write a demand letter, you want to type it and print it. Therefore, it is better to deliver a paper copy of a demand letter than an electronic copy.
Review the facts of what happened in chronological order. For example, first, this happened, then this happened, etc. Be polite and don't use emotional language that will cause the other party to become defensive. You will be more likely to resolve the dispute if you keep your language neutral.
As you write the letter, keep your goal in mind. A detailed explanation of the dispute should encourage the other party to consider the risks of not responding to your demand. They will begin to think:
- Is it worth it to fight it?
- If I lose in court, what happens?
- Do I want the public exposure of a trial?
Ask for exactly what you want. For example, if you want the other party to pay you $5,000 for your accident or personal injury, clearly state that in the letter. Detail what these costs will include and cover. Ask yourself these questions and translate their answers into your letter:
- Do you want cash to recover damages?
- Are you asking for funds for pain and suffering?
- Do you want your present and future medical bills reimbursed?
End the letter by stating that you will pursue legal actions if the other party does not meet the demands spelt out in the document you sent. Give the other party a deadline to respond before you take action.
Attach copies of any evidence or documentation you have that supports your position and compensation claim. This may make it more likely that the other party will respond by meeting your demands.
Make several copies of the letter and keep them in a safe place. Save all digital files as well. Send the letter by regular and certified mail and make sure there is tracking and delivery confirmation attached. Keep a copy of all of the post office receipts. If you do have to take the other party to court, the return receipt and delivery confirmation will be your proof that the other party received the letter.
Do You Need An Attorney For Your Demand Letter?
Some people wonder if they need a lawyer to write the demand letter. In most cases, you don't, but it doesn't hurt to have your attorney look over it to make sure you have all of the bases covered. If you are not sure you use the right legal terms in your letter or don't know what documents to attach or how to estimate the value of your claim, it is best to use an experienced lawyer. For instance, if you need to get compensation with a personal injury attorney's help, don't refrain from asking for their help. Personal injury law firms know exactly how to build a case and redact a demand letter to initiate the settlement process.
If you are owed money or have been injured in an accident, a demand letter is the first step in getting the money you deserve. In most cases, the demand letter is usually sufficient to get the person to pay what they owe, and no further action is needed. However, you may have to pursue legal action to get the remedy you deserve in other cases. For this reason, consulting with a lawyer to assess your personal injury case and explain your options is the best course of action you could take.
