If you have been injured in a crash with a USPS delivery truck and your injuries require medical treatment, you may decide to file a personal injury claim. As USPS is a federal agency you send a notice of claim first which typically in most cases is denied. After this has been received your attorney can pursue a personal injury lawsuit and the next step is to formulate an accurate and persuasive demand letter which provides all the information required for a successful PI claim.
What Should be Included in a Demand Letter
As the demand letter is the main focus for any negotiations for liability and compensation it should include all the factors related to the accident with a USPS delivery vehicle, including a breakdown of the damages demanded. The demand letter should include:
- when and where the accident occurred,
- why the USPS driver was at fault
- a description of injuries,
- a description of the damages demanded.
The insurer will also require documentation to back up the claim like a letter from your physician, receipts for vehicle repairs, receipts for medical treatment and a police report indicating the USPS driver was to blame for the accident.
Calculating Damages for the Demand Letter
In the demand letter you should include exact amounts for medical bills already paid and an estimate for future medical costs, loss of wages up to now and until you can return to work, receipts for car repairs and a precise amount for pain and suffering calculated depending on the severity of the injuries. Your attorney will know which formula relates to your injuries. Your attorney will ensure all bills and required supported documents are included with the demand letter.
The Process for a PI Claim With a Demand Letter
As soon as you have received the denial for your notice of claim from the USPS insurer you should start compiling the demand letter or get your attorney to write it on your behalf. USPS’s insurer will find any excuse to reject the claim. This means the demand letter has to be thorough, concise and well written. Once the USPS’s insurer has received it the negotiations will begin. The insurer will know from the evidence if the claim is going to be accepted without any revisions. The most important thing is you having a PI attorney to negotiate on your behalf.
Why You Need a PI Attorney
If you try to write a demand letter on your own you may not include all the necessary supporting documents which are often key to the decision made by the USPS insurer. An experienced PI attorney know what works when it comes to negotiating with an insurer and is most likely to get a better settlement with less negotiation than if you file the claim on your own.
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against USPS, or any other party, you may not be entitled to any compensation.