If you were injured in a car accident, you might be eager to move forward with your life. This often includes a desire to get your personal injury claim settled. This may bring up the question of when your lawyer will send a demand letter to the at-fault driver’s insurance company.

A demand letter is the first step in the settlement negotiation process. Because any settlement will include a release of all claims related to the crash, a demand letter won’t be sent until after you have fully recovered from your injuries. Our Simpsonville car accident attorneys use this strategy as a way to help our clients get maximum compensation for their injuries.

Brooks Derrick Accident & Injury Lawyers represent injury victims who were hurt in South Carolina accidents. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices today to schedule an appointment with a Simpsonville personal injury lawyer.

When Will My Lawyer Send a Demand Letter?

In any personal injury case, the demand letter is often the first step in negotiating a settlement. This letter is sent to the at-fault driver’s insurance company. It sets out the facts of the case and the legal reasons why the other driver is responsible. It then makes a demand for compensation (damages).

If you have been hurt in a motor vehicle accident, you may be eager to get the proverbial show on the road. You might even ask your attorney when the demand letter will be sent. The answer to that question is a very lawyerly “it depends.”

There are many factors both in and outside of our control when it comes to sending a demand letter. For example, if the police take a long time getting the accident report to us, that will delay our investigation and our ability to write and send the demand letter.

In most cases, the single most important factor when it comes to the timing of a demand letter is your treatment and how it progresses. Simply put, getting medical treatment takes time, whether you need surgery and physical therapy, or numerous doctor’s appointments. Depending on the severity of your injuries, it could take months for you to be fully recovered and finish your course of treatment.

We don’t want to rush your recovery in order to send out a demand letter. We also don’t want to settle a case before you are fully recovered. The best approach is to wait until we understand your new baseline when you are fully recovered. This will give us a better idea of what a fair settlement would be based on how your injuries have affected your life, including your ability to work.

Waiting is particularly important given that any settlement will include a release of claims. Once you sign the settlement agreement, that is essentially it. You won’t be able to file a lawsuit against the driver for the same accident.

Settling a case too early can lead to situations such as discovering that your shoulder injury hasn’t fully healed a few months after the fact. In this scenario, you won’t be able to go back and get more money for your injuries. Instead, you will be limited to what you recovered in the original settlement.

This is why we don’t rush demand letters. We want to have a clear picture of the extent of your losses.  This includes economic damages like reduced earning capacity and medical bills, as well as non-economic damages such as pain and suffering and loss of enjoyment of life. 

While you are getting medical treatment, we will be busy preparing your case. We will gather information such as audio from the 911 call, the accident report, witness statements, and photos and videos of the accident scene. We will also collect your medical records and billing statements so that we get a better understanding of the extent of your losses. At the same time, we will keep an eye on timing so that any lawsuit is filed within South Carolina’s 3-year statute of limitations.

Typically, once you let us know that your treatment is complete, we will send out a demand letter within 60 to 90 days. This gives us time to put together a detailed, fact-based demand letter that includes all of your losses. We will review and analyze all of your medical records and other documentation to put together a clear proposal for the insurance company. We will then use our negotiation skills to get you the best possible outcome for your case.

Help for South Carolina Accident Victims

When you are hurt in an accident, you might be overwhelmed and upset at the slow pace of your own progress as well as the legal process. While waiting to send a demand letter can be frustrating, it is often necessary to make sure that you get the best possible outcome. Our law firm will keep you apprised of the status of your case throughout the process.

Brooks Derrick Accident & Injury Lawyers are committed to helping our clients get maximum compensation for their car accident cases. We will work hard to get you the money that you deserve for your injuries. To learn more or to schedule a free initial consultation with a Simpsonville car accident lawyer, give us a call at 864-428-1967 or fill out our online contact form.