Before initiating litigation, especially if it concerns car accidents, your attorney will give the other driver’s insurance company (or your own, if making an uninsured motorist claim) an opportunity to settle.
After you finish medical treatment, your north miami beach car accident attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter).
The demand package starts off with a demand cover letter, usually no more than 2-3 pages long, that includes (i) a concise statement of when and how the accident occurred; (ii) a thorough explanation of our theory of how the other party was negligent (addressing any weaknesses head on); and (iii) a summary of damages (e.g. related injuries, prior related medical bills associated with those injuries, pain and suffering, cost estimate of necessary and related future medical care); and (iv) the settlement amount demanded.
With the demand letter, we will include the following exhibits:
(a) car accident police report; (b) photos of vehicle damage; (c) photos of the client (before the injury, during treatment, and after treatment has completed); (d) medical records (including doctor’s notes and diagnostic imaging results); (e) witness statements; (f) pay stubs / income tax returns, if making a lost-wages claim; and (g) the appropriate jury instructions (that would apply if a lawsuit were to be filed).
If damages are more than the policy limits, the demand letter would also warn of a potential bad faith claim against the insurance company.