Personal Injury Claims in New York: Settlement Demand Letters
A settlement demand letter is a formal document sent by an injured party or their attorney to the responsible party or their insurance company in personal injury cases. This letter outlines what happened, what injuries you sustained, what your desired settlement is (i.e. the compensation sought to resolve the matter without going to court). In New York, settlement demand letters are commonly used in various personal injury cases to initiate negotiations for a fair settlement.
In New York, it's important to send a settlement demand letter before the statute of limitations expires for your particular case. For most personal injury cases in New York, you have three years from the date of the incident to file a lawsuit.
What Should Be Included in a Settlement Demand Letter?
Key elements of a settlement demand include the following:
- Identifying information. Your full name and contact information, the defendant's full name and contact information, the insurance company's name and contact information, and the case number, if applicable.
- Date of the incident. Clearly state the date and time of the accident or incident.
- Brief description of the accident. Provide a concise and factual account of what happened, including the specific actions or negligence that led to the injury.
- Information about your injuries and damages. List all injuries sustained and describe the nature and extent of the medical treatment received, including the names of treating physicians and hospitals. Then, itemize all economic losses, such as medical expenses, lost wages, property damage, and future medical expenses, and discuss the intangible losses suffered.
- Desired settlement amount. Clearly state the specific settlement amount you are requesting.
- Supporting documentation. Indicate that you are enclosing copies of relevant documents, such as medical documents, visual records, police records, and witness statements.
- Details on your legal representation. If you are represented by an attorney, include their contact information and indicate that they will be handling all future communications.
- Authorization for settlement. If necessary, include a section authorizing your attorney to negotiate and settle the claim on your behalf.
Consider these tips for writing a settlement demand:
- Be specific. The more specific you are, the stronger your case will be.
- Don’t set a deadline. Unless you are serious about filing a suit in a set amount of time, avoid setting a deadline in your settlement demand letter. This can weaken your negotiating position.
- Explain why you deserve a settlement amount. Clearly articulate the reasons why you believe you are entitled to the settlement amount you are requesting.
- Be professional. Maintain a professional tone throughout your settlement demand letter. Avoid using inflammatory language or making personal attacks. A professional approach will demonstrate that you are serious about resolving the matter fairly and efficiently.
Sending a well-crafted settlement demand letter can often lead to a fair resolution without the need for lengthy and costly litigation. It's advisable to consult with an experienced New York personal injury attorney to ensure your letter effectively presents your case and complies with all relevant state laws and regulations.
We Can Help You Draft a Settlement Demand
The Law Offices of Charles R. Gueli has over 20 years of legal experience, and our attorney is an experienced litigator. Whether you need help outlining your demands, negotiating with the insurers, or settling the matter in court, we are here to help.
Schedule a consultation today; call (516) 628-6402.