How To Write A Demand Letter in New Jersey
December 12, 2018
In potential personal injury lawsuits, one of the most common ways to determine if it is necessary to file a formal action in court is to write a demand letter to the opposing party. A demand letter is your written statement that outlines your intent to sue for your injuries if a settlement cannot be reached between you and the party that caused your injuries. If, after you send a demand letter to the party that caused your injuries, you do not receive a satisfactory settlement offer, then it is safe to assume that you will probably have to file a formal lawsuit to receive compensation for your injuries. So, how do you write a demand letter? Below, we have listed some key components that should be present in every demand letter to help you with the writing process.
NJ Statement Of Liability
Every good demand letter includes a clear statement as to the reasons why the person or entity you are addressing the demand letter to is responsible for your injuries. Accordingly, it is crucial that you outline facts showing that the addressee caused your injuries, as well as the possible legal theories by which they can be held liable for your injuries.
Details Of Long-Term Or Permanent Injuries Sustained in NJ
While it is important to list all of the injuries you sustained in an accident caused by another person or entity, writing the details of any long-term or permanent injuries you sustain in a demand letter will apprise the responsible party of the severity of your injuries. Putting the opposing party on notice of the severity of your injuries could entice the the responsible party to make a satisfactory settlement offer. However, if this does not occur, then the demand letter could potentially be used to show a court or jury that the responsible party had notice of your injuries.
Details Of Lost Wages in New Jersey
Stating in your demand letter the details of any income you have lost while recovering from your injuries does two things: (1) it allows the responsible party to better formulate a settlement offer; and (2) it puts the responsible party on notice that you intend to sue him or her for lost wages and/or loss of earning capacity in the event that you file a lawsuit related to the injuries you sustained.
The Sum Of Your Medical Bills in NJ
Including the sum of the medical bills you have accrued because of your injuries is essential when writing a demand letter. This includes any doctor fees, hospital fees, physical therapy fees, and medication fees you accrue.
Details Of How Your Injuries Affected Your Lifestyle in New Jersey
In a demand letter, be sure to include any impairments you acquired concerning your ability to perform daily tasks and participate in activities that you participated in before you sustained your injuries.
NJ Statement Of Damages Requested
The most important part of a demand letter is the amount of monetary damages you are seeking from the responsible party due to the injuries you sustained. This element allows the responsible party to assess whether to make a settlement offer to you and for how much money.
Intent To Pursue Legal Remedies And Deadline For Satisfying Demand in NJ
Finally, the last elements you should include in your demand letter are a clear and unequivocal statement of your intent to pursue legal remedies if your demand for damages is not and a clear deadline for meeting your demand. These elements provide both you and the responsible party with a timeline by which conditions must be met and sets forth your course of action if such conditions are not met.
Contact a Morristown Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a motor vehicle accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt represent clients injured because of birth injuries, truck accidents or slips and falls in Morris, Middlesex, Sussex, Union, Warren, Bergen, Essex, Hudson, Hunterdon, Monmouth, Passaic, and Somerset Counties, New Jersey. Call 973-490-4844 or email us to schedule a free consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.