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What is a Demand Letter in a Personal Injury Case in Arizona?

By Karnas Law Firm |

Were you hurt in an accident caused by someone else’s negligence in Arizona? If so, you have the right to pursue financial compensation for your damages through a personal injury claim. That may or may not involve filing a lawsuit. Data from the U.S. Department of Justice (DOJ) shows that more than 95 percent of personal injury claims are resolved outside of litigation.

This raises an important question: How do you get a personal injury settlement? In many cases, personal injury settlement negotiations do not truly begin until an experienced attorney sends a demand letter to the defendant and/or its insurer. Here, our Tucson personal injury attorney explains what a demand letter is and how it can help you get a personal injury settlement.

How a Demand Letter Works in a Personal Injury Claim

Typically drafted by an attorney, a demand letter is a letter sent to a potential defendant and/or its insurance carrier stating a demand for restitution or other action. In a personal injury claim in Arizona, a demand letter has several purposes, including:

  • Notifying the implicated parties that you have a claim;
  • Indicating that the recipient bears liability:
  • Clearly stating your intent to take legal action if the claim is not resolved; and
  • Providing a “demand” for compensation to resolve the matter.

It is important to be clear: A demand letter is not a lawsuit. Instead, it is generally a legal notice that is sent prior to a lawsuit. Demand letters are a key part of the personal injury claims process as defendants/insurers often do not take settlement negotiations seriously until they get a strong demand.

A Demand Letter Should Be Drafted By a Top Arizona Personal Injury Lawyer

An improperly drafted or otherwise flawed demand letter is unlikely to get results. In fact, a bad demand letter could actually make it even more challenging for you to get the maximum settlement offer in your personal injury claim. A well-prepared personal injury demand letter should include:

  • A comprehensive account of the material facts of the case;
  • A notice and explanation of the recipient’s legal liability;
  • An unequivocal and specific request (demand) for compensation;
  • A reasonable deadline for a response from the recipient; and
  • A clear indication that you intend to take legal action without settlement.

A formulaic demand letter is not good enough to get the best results in a complex personal injury claim. A demand letter should be carefully drafted and narrowly tailored to suit the specific facts of the case. These letters should always be drafted by a reliable Arizona personal injury attorney.

Call Our Tucson Personal Injury Attorneys for a Free Review of Your Case

At The Karnas Law Firm, our Arizona personal injury lawyers are compassionate, experienced, and reliable advocates for victims and families. Please do not hesitate to call us at 602.402.5207 or to contact us online for a free, no obligation assessment of your case. With offices in Tucson, Phoenix, and Yuma, we provide personal injury services to victims throughout Arizona.