What is a personal injury demand letter in Texas?

Brendan Fleming |

You are driving along Campbell Road in Houston when a distracted driver suddenly T-bones your vehicle. The collision leaves you struggling physically with numerous bodily injuries. If you find yourself in this situation, you have the ability to pursue financial restitution for your harms and losses by filing an accident injury claim against the careless driver’s auto insurance company.

When you file a claim, your Houston car injury lawyer will typically send a demand letter to the insurance company laying out what happened and what you are seeking in terms of financial compensation.

Basics of a Car Accident Injury Demand Letter

The demand letter serves as a detailed account of everything that happened. It is addressed to the insurance company and the adjuster who represent the driver who caused your accident and your injuries. One of the most important sections in the demand letter is the description of how the careless driver was negligent.

With the support of the crash report from the police and the citations the driver received, your Houston car wreck injury lawyer can show the insurance company that their insured was negligent and that you suffered harm as a result.

In a recent case, one of our clients was rear-ended so violently that the passenger seat back broke apart. Our clients were the driver and the passenger who were hit. They both suffered serious injuries and had to be transported immediately to the closest hospital emergency room. Our demand letter included a detailed description of the accident and the full extent of their injuries.

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Demand Letter Used to Get Car Accident Injury Claims Settled

There are a number of things your Houston car accident injury attorney can do to get your case settled for a fair and reasonable sum. First of all, in many cases, there is knowledge of the limits of liability on the insurance policy held by the careless driver who caused the accident. This allows your lawyer to compare those limits to your medical bills, your injuries, your lost wages, your pain and suffering and anything else you had to endure. This information puts your attorney in the best position because it provides a justification for the compensation that is being sought in the demand letter.

Second, your lawyer should take action to negotiate with your medical providers and hospitals who treated you and helped you recover. Many of these providers are open to reducing their bills. When they do, it often results in you winding up with more money in your pocket after your claim is settled.

Third, if there is not enough money in the at-fault driver’s insurance policy to cover the damages caused, your Houston car crash injury lawyer can look to your under-insured coverage. This will help cover the cost of medical bills and allow you to keep more of the at-fault driver’s settlement.

What is included in a Demand Letter

In most car accident cases, the demand letter can consist of:

  1. Accident Facts;
  2. Summary of your medical treatment;
  3. Detailed description of the impact the injuries have had on your life and that of your family members;
  4. Your settlement demand in dollars;
  5. Police Crash Report;
  6. Pictures of the damage to your car;
  7. Itemized accounting of all your medical bills;
  8. Complete set of medical records from all your doctors;
  9. Affidavits signed and notarized by your medical providers swearing that the records and itemized bills are full and complete;
  10. Letters from doctors testifying to your injuries and any ongoing treatment you may need if you are unable to fully recover.

Houston Car Accident Attorney Ready to Help

If you or a family member was seriously injured in an auto accident in Houston, an experienced and skilled Houston car accident injury attorney can provide the guidance and representation you need to obtain maximum compensation. The personal injury attorneys of Fleming Law are here to help. Contact our office today 737-201-0543.