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Personal Injury Demand Letter or Lawsuit?

I wrote a demand letter to the insurance company but the adjuster replied and told me I need to file a lawsuit also.

Isn't a demand letter an easier way of settling a claim instead of hiring a lawyer to file a lawsuit?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

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Personal Injury Demand Letter or Lawsuit?

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Filing Suit to Protect the SOL
by: Law Lady

Submitting a demand letter is the most cost effective and often easiest way to get a case settled. However, every state has a statute of limitations. This is the time within which a party must file suit or they will lose their ability to settle their case.

Filing the suit is called "protecting" the statute and I would guess that the adjuster is merely advising you that you must file a suit by a certain date. The adjuster is required to tell you this, particularly as that date draws close.

So even though you are negotiating, if it gets close to your statute of limitations running out, you will need to file suit and pay the fee (unless you qualify for a fee waiver) in order to protect your right to settle the case.

If you wait and do not file, the adjuster can rightfully tell you that the statute of limitations has run out and you are barred from accepting a settlement.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy


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