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Demand Letter
Sample for
This page gives a demand letter sample for strict
product liability cases and some other tips to help get a good injury
settlement. If
you haven't
read the page on how to
write a Notification
Letter for Product Liability Claims, do it NOW,
before
going further. |
(Your Name and Address) MR.
JONATHAN L. PIERCE
15562 Ellington Avenue Dallas, TX 75247
Email: jlp43@logo.com
Telephone: (214) 689-46X9 January 14th, 2011 (Date of Letter) Mr. Anton Chekov Claims Adjuster ABCD Insurance Company 1200 Main St, Suite 800 Suffield, CT 06023 Re: Manufacturing Defect Resulting in Serious Injury (Subject) Date of Loss: November 7th, 2010 Your Insured: Barretta Corporation Your Claim Number: 16134-11 Dear Mr. Chekov: As you are aware, on November 7th, 2010 I was seriously injured while riding one of your Insured’s racing bikes, Model G/V 11 Racing Cycle. At that time I suffered serious injuries. Now I am close to the end of my recovery. As a result I have collated all actual and incidental bills incurred at the time of the injury and thereafter during the recovery period. Enclosed please find copies of all bills, invoices, and other requests for payment. Also enclosed is a copy of the original Notification Letter sent November 22nd, 2010 to your insured, Richard Hartz, President of Baretta Racing Cycles Incorporated. You are quite aware of the injuries I suffered as a result of a Manufacturing Defect in your insured’s Model G/V 11 Racing Cycle. My recovery has been long and painful. I have set out below the damages I incurred and their cost. The damages I have suffered, and will continue to suffer include, but are not limited to the following:
This whole affair has been one of the most difficult times of my life and of my family’s. It is something which will stay with me for a long time. The trauma of the incident still affects me, causing depression and anxiety. Your insured changed my life. I don’t know how long it will be before I fully recover. Before my collision with the road I looked forward to each new day. Since the day of my injury I am anxious and hesitant. Your insured robbed me of the pleasure of each day. I will never be the same. As a result of these injuries, I demand compensation in the amount of One Hundred Two Thousand Eight Hundred Fifty ($102,850.00) Dollars. Under the circumstances the demand is fair and reasonable. Yours
truly,
_____________________ Jonathan L. Pierce |
---END Demand Letter Sample for Strict Product
Liability
Cases---
You have now sent your demand letter to the insurance claims adjuster. The adjuster will be contacting you to review all of the bills and other related documentation you have provided.
You have done all you can and now are in a strong position to negotiate. The way you have handled your case from the beginning has commanded the respect of the claims adjuster. He knows you are serious and professional in your approach, and will respond to you in kind.
If you have followed all the directions, suggestions and tips we have offered then you are on the right course to settling your claim.
It’s best to wait at least two weeks after you have sent the letter before you call the adjuster. By that time you may have already heard from him and be well into your settlement negotiations.
If you haven’t heard from the adjuster in about thirty days there is nothing wrong with giving him a call. If you get his voicemail don’t sound upset or anxious. Just leave a brief message saying:
"Hello my
name is _________. My telephone number is _________. The
Claim Number is ________. It’s been about thirty days and I
haven’t heard from you. Please give me a call so we can talk about
settling this claim. Thank you."
Don’t call the adjuster too soon after the letter. Have patience. Calling the adjuster too early may indicate to him you are in a hurry to settle. Adjusters look for those types of things. They indicate a claimant might be willing to take less money if it's paid quickly.
Remember, adjusters need to settle claims, it's their job. The last thing an adjuster wants is to have unsettled claims piling up on their desk. Once he initiates contact and oral negotiations begin, your patience and hard work will pay off.
Simple personal injury cases can often be handled without a lawyer. However there are many cases, including some strict product liability cases, which require the skills, experience and funding of a seasoned personal injury attorney.
Anything resulting in death or permanent disabilities should be reviewed by an attorney before you consider self-representation. Those cases often require the hiring of medical experts and other expensive professional witnesses. They are protracted and expensive, sometimes taking years to get to trial.
For another demand letter example, click here.
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