Three Things that Should Always Be in a Personal Injury Demand Letter in Texas
Hurt in an accident in Houston? You have the right to seek compensation through a personal injury claim. Most cases are settled prior to litigation. A demand letter starts the negotiation process. Notably, the demand letter can set the tone for the entire personal injury claims process. It serves as the formal communication to the insurance company or responsible party, outlining why compensation is justified and what is being sought. A well-crafted demand letter can make a substantial difference. Here, our Houston personal injury lawyer highlights three things that you should always include in a personal injury demand letter in Texas.
You Need a Clear Statement of Liability
In Texas, personal injury claims are generally based on fault. Your demand letter must leave zero room for doubt about who caused the accident and why they are legally responsible. Do not sugarcoat it. The letter should clearly lay out the facts with precision and directly connect them to the negligent party’s actions or omissions. Depending on the circumstances, you may want to cite police reports, witness statements, and any other evidence that proves fault. The insurer must know from the very first line that their client is on the hook and there is no escaping liability. Any attempt to shift blame will be met with hard evidence. Your tone matters. A Houston attorney can help.
You Need a Comprehensive Account of Your Damages
A demand letter should also provide a clear, well-supported account of your damages. It is this section where you attack with numbers and undeniable proof. You should itemize every single expense, including things like: emergency room bills, specialist visits, diagnostic testing, physical therapy, prescription medication, lost wages, and projected future costs. To the extent that it is possible, you should also attach supporting documentation and demand full reimbursement.
Once your economic damages are built as a foundation, you can then effectively drive home the non-economic damages: pain, suffering, mental anguish, and loss of enjoyment of life. Be bold, aggressive, and unapologetic in quantifying these losses. Remember, Texas law allows for recovery of both economic and non-economic damages, and you are entitled to every last dollar. A Houston personal injury lawyer will make sure that you do not settle your case for less.
You Need to Make an Actual Settlement Demand
Finally, a demand letter should always include a settlement demand in writing. Do not waffle, hedge, or sound uncertain when making such a demand. Your demand letter should state exactly how much money you require, backed by evidence, and make it clear that this is the only path to avoiding litigation. Use strong, final language: “We demand payment of $X within 14 days or we will file suit.” While a demand letter often opens negotiations, you do not need to invite negotiation. The insurer must walk away from your letter knowing you mean business and that this case will not quietly go away.
Contact Our Houston, TX Personal Injury Lawyer Today
At Henrietta Ezeoke Law Firm, our Houston personal injury attorney is a strong, aggressive advocate for justice. We have deep experience with demand letters and insurance negotiations more broadly. Give us a call now or contact us online for a free, confidential consultation. With an office in Houston, we provide personal injury representation throughout Southeast Texas.
