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What to Expect after You Send Your Injury Demand Letter

A personal injury demand letter serves as a single point purpose in a personal injury claim i.e. to get the ball rolling on negotiations. In this demand letter, which is the main focus of the negotiation process, the injured person needs to propose their strongest arguments to the insurance company. This need to include:

  • The reason the other party is legally responsible
  • The injuries the injured person faced and currently faces
  • The information about medical treatment and how much it costs
  • The income loss
  • Any other damages suffered

In conclusion, the letter calls on the insurance company to offer a lump sum in order to settle the claim. But it can be quite a tricky procedure to understand the demand letter process. This is because most people aren’t used to filing personal injury insurance claims. Usually, an injured person or their personal injury attorney will send the demand letter to the insurance company of the business or person who is responsible for causing the injury or the accident that resulted in the injury. Apart from presenting the injured person’s side of the case, the letter also establishes how the injures occurred, information about those injuries, details of the treatment for those injuries and how those injuries have impacted the claimant. There is also a specific ‘demand,’ or a dollar amount in the letter, that the injured person is willing to accept to successfully resolve the case and no longer hold the other party liable.

Next Steps

After the demand letter is sent, any of the following things may occur:

  • The demand may be accepted by the insurance company, and the settlement may proceed

In this case, you may receive the compensation that you asked for in the demand letter. In exchange, you may be required to sign a release of liability. Usually, this does not happen without some negotiation on the part of the insurance company.

  • The insurance company may make a counter-offer

In this case, the injured party will have to consult with their personal injury lawyer to decide whether they want to accept the counter-offer made by the insurance company, re-negotiate or file a lawsuit. Once a demand letter is sent, it triggers a back-and-forth process, wherein the injured person asks for an inflated amount and the insurance company offers a much lower amount. Through negotiations, both parties settle on an amount that is somewhere in the middle.

  • The claim may be denied outright by the insurance company and they may refuse to pay anything

It is an extremely rare occurrence for an insurance company to deny a claim. The mandate for most insurance companies is to settle a claim before it gets to court. Only in instances when the claim is not supported by any evidence, that a denial occurs. This usually happens when he injured person has does not have any record of treatment or can offer not one medical bill that they had to pay or have to pay.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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