🚨 ATTENTION ACCIDENT VICTIMS: Don't settle your case without watching this!
⏰Time Stamps & Video Chapters: 00:00 - Intro to Demand Phase of an Injury Case 00:09 - Overview of Personal Injury Claims Process 01:11 - What is a Demand Letter? 01:41 - How Demand Process Works 02:10 - Purpose of Sending a Demand 03:48 - Insurance Bad Faith Example 05:22 - Components of a Demand Letter 06:47 - How to Determine the Amount to Demand 08:36 - Time it Takes to Send a Demand Letter 09:10 - The Defense’s Response to Demand Letter
This video will educate you on the process of sending a demand letter in a personal injury claim. The demand letter for personal injury cases is a critical step for many reasons. For example, it’s a chance for us to give the other side, whether it’s a defendant or an insurance company (or both), our theory of the case. We also provide the other side with an offer to settle the case.
The demand letter acts as a formal offer to settle, which initiates negotiations and forces the insurance company to evaluate the claim. It also puts pressure on the insurance company to settle because it triggers the potential for a bad faith claim. If we demand a number within the insurance policy limits, and the defense refuses to settle the case, we may ultimately take the case to trial and get an excess verdict.
An excess verdict is where a jury awards an injured person a dollar amount that is higher than the available insurance coverage. As a result, the defendant may be personally responsible for the amount of the judgment that exceeds the insurance coverage.
The defendant may then be able to sue their insurance company for bad faith because the insurance company failed to settle the case within policy limits when it had the chance. After all, the defendant paid for the insurance policy for just this purpose: to avoid having to pay for a claim out of their personal funds. They paid for the policy, and the insurance company didn’t uphold their end of the bargain.
Demand letters can be sent prior to filing a lawsuit or after a lawsuit has been filed. However, this video is focused on pre-suit demand letters, or demand letters sent prior to filing a lawsuit.
There are many advantages to settling a case pre-suit. Namely, it can save money, time, and stress. Additionally, a pre-suit settlement can eliminate the risk of trial. Ultimately, when a case goes to trial, the jurors are in complete control. If they believe a person is not genuine; if they think the person is faking their injuries; if they don’t like the injured person; or if they think, for any reason, that the person should not be paid, they have the power to award the person nothing. Settling a case pre-suit does away with all this uncertainty.
By watching this video, you can get a firm understanding of the demand process in a personal injury case, and you can get that information in 10 minutes. After watching, you’ll know more than most people do about this topic, and you’ll be informed as you proceed through your personal injury case.
DISCLAIMER: This video is for informational purposes only and does not constitute legal advice. Spetsas Buist Accident Injury Lawyers (www.SpetsasBuist.com) offers free legal consultations and works on a contingency basis - you pay nothing unless we win. We are not a big box law firm; our clients have direct contact with their lawyer. However, we cannot guarantee results, and nothing in this video should be construed as a guarantee. Each case is unique, and the facts of each case will affect its value. Past results do not guarantee future results. This is an attorney advertisement for Spetsas Buist PLLC, located at 225 E Robinson St, Suite 542, Orlando, FL 32801. The lawyers responsible for this ad are licensed in Florida and may rely on co-counsel for some cases. At least one managing partner holds an active law license in South Carolina, Georgia, and North Carolina, as well as Florida. The choice of lawyer is an important decision and should not be based solely on advertisements. Our services are not available in all states. Cases may be associated with or referred to other law firms. FREE BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST.
