Were you recently involved in a car accident because another driver was distracted by their cell phone? If so, you may want to file a personal injury claim.
Personal injury claims are filed when a person believes their injuries were caused by someone else’s negligence. In your case, you would file a claim against the distracted driver that caused your car accident.
When filing a personal injury claim, the first thing you should do is contact a personal injury attorney. If you’d like to get a head start on the process, however, you can begin writing your demand letter.
The first step when filing a personal injury claim is writing a demand letter to the other driver’s insurance company. This demand letter includes your information, a recount of the car accident, a list of your injuries, and the amount of compensation you are requesting.
It should also include additional documentation to support your claim, such as medical receipts or documents showing lost wages.
Sample Demand Letter
Demand letters must follow a certain format and include various pieces of key information. To be sure your letter is professionally written and fits each criteria, follow the sample below.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[His or Her Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (only include this if a claim number has already been assigned and you have received correspondence on the matter)
Date of Loss: [Date of the Accident or Incident that Caused Your Injuries]
Dear Mr./Ms. [Name of Claims Adjuster]
In reference to our correspondence on September 2, 2015, I am issuing this formal demand for compensation regarding the collision involving your insured, Mrs. Laila Harris.
I am contacting you now due to my completion of medical treatment following the injuries sustained after my collision with Mrs. Harris. As mentioned prior, Mrs. Harris was driving alongside me at [insert location] and texting behind the wheel when she veered into my lane, hitting my driver’s side and sending my car into a fence. Mrs. Harris’ failure to follow [insert state]’s traffic laws and phone regulations makes her negligent and responsible for my injuries, loss of wages, and suffering.
During the afternoon of July 16, 2015, I was driving along Pritchett Lane, a one-way two-lane street near my home. Mrs. Harris was driving alongside my car down the same street, using her cell phone to text as she drove. As I was nearing my turn, Mrs. Harris’ car swerved into mine, hitting my car on the driver’s side and sending my car over the sidewalk into a wooden fence. Because of this collision, I suffered whiplash in my neck, a severe concussion, and several cuts and bruises along my arms, chest, and face.
I was taken by ambulance to Santa Clarita Urgent Care where I was seen by Dr. Linda Stone. Dr. Stone performed an examination, took an MRI of my head and neck, used four stitches to close my larger laceration, and prescribed [name the medication for the pain. I was told to stay home and rest for three weeks to recover from my injuries.
Here are attached my medical bills, which further outline the cost of my treatment.
Santa Clarita Urgent Care: $578.00
Dr. Linda Stone: $430.00
Stitches and Treatment: $145.00
Prescription Pain Medication: $95.00
During my three week absence from work, I experienced immense pain and discomfort and was deprived of $3180.00 of salary wages. To this day, I continue to suffer headaches after the accident and take prescription medication daily to control the pain. For these reasons, I am requesting compensation in the amount of $18,000.
I hope to receive a timely response in no later than 30 days from the date of this correspondence.
[Your Name – printed]
Please note that, when requesting compensation, you should ask for more than the amount of your medical expenses and lost wages. This leaves some wiggle room when negotiating later on in the process.
Speaking with a Personal Injury Attorney
While demand letters are an essential part of the claim-filing process, they are only one piece of a multi-part process.
Contacting a personal injury attorney can not only help you with this process, but can handle the legal documents for you and increase your chances of receiving compensation.
If you would like assistance with filing your personal injury claim, speak with an attorney today.