The Notification Letter in an Injury Claim - What to Include and Other Helpful Information
After being injured by someone because of their own negligence, the victim expects the at-fault party to pay for all losses, including medical bills, lost wages, and future medical care. In most cases, that means they must deal with the other party's insurance company.
A personal injury claim begins by putting that at-fault party and the insurance company on notice that one intends to file a claim. Schuerger Shunnarah Trial Attorneys can help with preserving evidence for your personal injury claim.
In most cases, the victim gets the insurance information directly, so they can send their own notification letters to the insurance company. However, it might be wise to speak with an attorney about the options available. Schuerger Shunnarah Trial Attorneys goes to war for Nash. Please contact (833) 692-5038 or use the contact form here to request a free consultation.
What's a Personal Injury Notification Letter?
The notification letter places the person responsible (at-fault party) on formal notice. This means the victim says they were injured and want to pursue fair compensation for their losses. It's wise to send the letter immediately after the personal injury if planning to handle it without a quality personal injury attorney .
When one suffers minor injuries and only misses a few days from work, it's often possible to negotiate for a fair settlement with the insurance company of the other party. However, this isn't always the case.
The most common injury claims happen from:
Slip and fall accidents
Minor car accidents
When to Contact the Insurance Company
It's generally best to contact the insurance company as soon as possible after the accident. Though the victim won't want to negotiate the compensation package until they've recovered fully, they can start the claims process.
Complicated and serious injury claims should always be handled by a personal injury attorney to ensure one gets fair compensation for all losses. These types of cases can include:
A medical malpractice claim
Permanent or severe injuries
Consult with a lawyer from Schuerger Shunnarah Trial Attorneys to determine if there's a case and how to get prompt attention from the insurance company or carrier. Many times, it's wise to call the law firm before doing anything else.
Tips for Successful and Impressive Letters
One doesn't have to be an attorney or hire one to send a professional notification letter. In fact, a formal business letter is sure to get the other party's attention, warning them that there is a problem.
Here are a few tips for writing a great notification letter:
Use quality paper.
Double-check grammar and spelling.
Sign the letter in black or blue ink.
Use a matching business envelope.
Send the letter using USPS-certified mail and ensure there's a return receipt requested.
The notification letter should be simple. Never discuss fault, negligence, or the extent of any medical treatment. Those will go in the compensation demand letter later.
Other Things to Consider When Writing the Notification Letter
If the victim knows there is evidence supporting the car accident claim, but the at-fault party has it, the letter should include spoliation language. This is a legal term for important evidence that should not be spoiled before being used in a case. For example, if one falls in a store, they would ask the owner or manager to preserve security camera footage from the day of the injury.
What to Include in Notification Letters
Simply reiterate when the car accident happened and include these pieces of data:
The victim's full name and address
A brief description of what happened, such as "slip and fall" or "car accident"
General location of the injury
The letter day is the day the notification is mailed and not when the victim starts writing it.
When the letter is ready to send, make sure it is signed and make copies to keep on hand. When the victim receives the delivery confirmation, which is a green card, make sure it's attached to the copy of the letter, as well.
Remember that this is a signed statement and should only include the facts of the case. Victims can send their own notification letters, but they shouldn't provide medical bills or any other information other than what's listed above.
What to Expect Once the Notification Letter Is Sent
When the at-fault party gives the letter to their insurance carrier, the victim will likely hear from a claims adjuster. They will ask for the victim's side of the story and will probably want to record the statement. It's important to remember that victims are not obligated to provide recorded statements because they are asked.
Adjusters can use different tactics and styles to trick victims into saying things that might get used against them. If the victim chooses to give a recorded statement, they should not be taking medication for pain.
Generally, the victim will receive a return letter with a settlement offer. This is likely a low-ball effort to save money. Then, the victim will send demand letters. It might be wise to hire an attorney to handle the personal injury case, and Schuerger Shunnarah Trial Attorneys is here to assist by writing demand letters and more.
Do You Need a Demand Letter?
The notification letter is there to warn the responsible party that the victim is starting a personal injury case. However, demand letters are used once all evidence is gathered. It's also sent to the insurance company and outlines the damages the victim seeks and why the at-fault party is responsible.
Generally, a demand letter has two parts. First, the victim sets up the circumstances of what happened and offers a chronological description of events. Then, they describe their injuries and the costs of it.
Typically, demand letters should include medical bills, lost wages, and intangible costs, such as pain and suffering.
Victims of personal injuries can write their own demand letters. However, it might be better to hire an attorney to deal with the demand letter or writing a reply letter to too-low settlement offer.
Why Work with an Experienced Personal Injury Attorney
Working with a personal injury attorney is often the best solution. They will deal with the responsible party and their insurance carrier. Likewise, the lawyer will handle all aspects of the personal injury claim, including the demand letter. Contact Schuerger Shunnarah Trial Attorneys to request a free consultation today!