Personal Injury Settlement Demand

I agree with both of the answers provided by the other attorneys answering your question about Personal Injury Settlement Demands.

Demand letters (also referred to in the practice as settlement letters) are sent to the insurance companies (and occasionally to attorneys) at various times during the course of a personal injury case.

In some cases, I will send a Demand letter before even starting litigation. Sometimes, I wait until after a deposition. Depending on the severity of the injuries and the continuing nature of the treatment,, supplemental demand letters are sent. Sometimes there will be many letters sent during the course of litigation.

It does depend on the specifics of your case. This information can best be determined by an attorney. Usually, a well-experienced attorney will be able to analyze these facts and give you a better time-frame than you can figure out on your own. It would be my recommendation that you seek out an attorney or you might run the risk of being short-changed in the long run. Whatever you chose to do, good luck.

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.