Successful resolution for many California Motorcycle Accident cases begins with creation of demand letters. This method for obtaining compensation for accident claims is relatively simple and cost-effective. It is said to work in about one third of dispute cases, especially when both parties wish to avoid the time and expenses involved in a lengthy courtroom procedure. Demand letters are usually sent out prior to any legal action, as a method for ending a dispute quickly for both parties.
California Motorcycle Accidents Lawyer
If you are handling your own legal matters, it still is a good idea to have an experienced California Motorcycle Accident Lawyer review your demand letter, to ensure that it meets legal requirements. There are certain things you cannot say in such communications, especially if the language amounts to extortion or threats. Remember, a demand letter may later be used and read by a judge if the case eventually does go to court.
If you work with an attorney at this phase of your case, all you have to do is provide them with the evidence you have and any documents that support your claims. They will do the rest of the work and compose the demand letter for you. You can either have them proceed by sending it or you can mail the letter yourself.
Demand Letters for Motorcycle Accidents
The creation of demand letters for Motorcycle Accidents is similar to the general form used for other personal injury claims. Essentially, the content should provide written claims about the accident and related expenses incurred by the victim, and a demand that the recipient of the demand letter make payment for those accident-related claims. Be specific about all details, starting with the accident particulars, damages and injuries from that accident, medical and repair bills and a total amount sought by the injured party. The demand letter can be sent to the responsible parties, their attorney, and/or their insurance company for settlement.
Demand Letters to Support Personal Injury Claims
Demand letters are frequently used to support personal injury claims. They are a legal and fair method for seeking compensation for motorcycle accident claims. The California Supreme Court has ruled that these letters are acceptable as long as they are not so extreme as to be threatening or a form of extortion. In addition to that, the Rules of Professional Conduct are specific in dictating that attorneys may not threaten to present certain criminal, administration or disciplinary charges in order to gain advantage in a civil case. Having your own motorcycle accident attorney review your letter or compose it for you is the best way to make sure you are not violating any state laws in your demand letter.
Demand Letter Content
The content of your demand letter is extremely important. You want to include all necessary information in a format that is easy to understand and cleanly designed. Your Motorcycle Accident Lawyer knows what must be included, and they can compose this for you to use or you can have them make the presentation on your behalf.
Remember that this letter may also be used later in court by a judge or others who do not know the history of this accident. Be polite and concise; keep the demand letter as short as possible, but include all pertinent information. It should be very professional and grammatically correct. Use a computer or typewriter to compose your demand letter. Use subheads to separate information and make your points clear. Keep a copy for your own records.
What to Include –
- Accident History – who, what, when, where, why (your side of the story)
- Liability for the Accident – what or who caused the collision; include any insurance claim information
- Analysis of the Case – why an agreement to settle is beneficial – how much time, money, publicity might be involved if it is not settled now
- Accident Injuries & Damages – specific list, attach estimates
- Medical Expenses & Treatments – attach copies of bills, grand total plus future expectations
- Income Loss Statement – current and future projections if you are disabled
- Your Settlement Demand – the grand total you are asking for to settle case or it will proceed to litigation
- Deadline for their Response – set a specific time for them to respond or at that time, you will proceed with litigation
What to Avoid –
- Do not be threatening, aggressive, crude or otherwise antagonistic – this is not how you would get an agreement
- Do not take chances – this is a very important legal move; have your attorney work with you and review or compose this demand letter
- Do not attach originals as exhibits – keep these for yourself and possible later use in a courtroom if the demands are not met
What Comes Next?
Once you have composed your demand letter and have your attorney review its content, you need to get it delivered to the other party or parties in the dispute. Use email and regular mail to do this; use both because the email will also provide a demand date record. You may use registered mail with a return receipt as proof of delivery. This may be required if your demand letter also asks for arbitration according to an insurance policy.
The major benefit of using demand letters for Motorcycle Accidents is that you have a good chance that the other side will settle quickly and for the amount you request. This can be an advantage to all, in that less time and expense is involved when disputes are settled prior to court. You can try this on your own, but since you may wind up going to court in any case, it is best to work with an experienced Motorcycle Accidents Lawyer immediately. You will benefit from their skill and knowledge and still have a good opportunity to save time and money by obtaining an early settlement through the demand letter approach.