Personal Injury Settlement Demand

Is it best to send a demand letter in a personal injury case after the deposition? Also when the lawyer send it do the defense or insurance co. respond to the settlement demand? Or do they just ignore it and respond when they want to? - Is this your question? Add additional information
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Answers (2)

Thomas Gerad Lewellyn

Thomas Gerad Lewellyn

Contributor Level 5
There is no best time to send a demand. Each case is different. That having been said, after your deposition is often a good time to start settlement discussions since the defense has now had a chance to meet you and see what a good witness you are. The defense is not obligated to respond to the demand right at that point, but often will, unless further information is required. Many states have special statutes which require the other side to respond to a demand within a specified time. If there is no acceptance of the demand within that time, certain cost penalties can be imposed if you later get a better verdict at trial. Check with your lawyer to see about the rules in your state.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
I strongly suggest you speak with an experienced personal injury attorney about a demand letter in a personal injury case .

You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

http://www.avvo.com/legal-guides/ugc/ethics-yes-i-need-a-lawyer

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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