San Francisco Personal Injury Attorney Sally Morin discusses the 4th of the five most important things to do when negotiating a settlement in your personal injury case - submit a formal written settlement demand letter.
I am continuing my discussion of the five most important things to do when negotiating a settlement in your personal injury case. This next step occurs after you have established rapport with the adjuster, set the limits on who controls the information in your case and you have finished your reasonably necessary medical care. At this point, you need to submit a written demand letter with all the supporting documentation. In the demand letter, you must cover the following five items: 1. Facts; 2. Liability; 3. Damages/Injuries; 4. General Damages; and 5. Demand amount. Let me break these down for you: 1. In the facts section, you want to give the details of the who, what, where, when and how the accident occurred; 2. In the liability discussion, you want to make sure to point out facts and evidence (like police report or witness statements) that proves their guy is at fault for the accident; 3. In the discussion of injuries you need to show that your injuries and damages were a direct result of the accident and that you received reasonably necessary medical care to resolve those injuries; 4.When discussing your general damages (or your pain and suffering damages), be ok with being vulnerable when detailing the facts of the difficulties you have had to deal with because of the accident. This is your chance to stand out from other cases; and finally 5. At the end of your letter you need to put a demand amount (the amount you are willing to settle for). You need to ask for a reasonable settlement amount here. Don't overreach, but keep in mind that insurance companies will rarely accept your demand amount, so you need to ask for the high end of your settlement range to give room for some back and forth negotiation.
If you have any questions about a particular personal injury case, please submit your case for review by San Francisco personal injury lawyer Sally Morin.
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Note that this approach is recommended when negotiating any personal injury case including: bicycle accidents, motorcycle accidents, auto accidents or pedestrian accidents.
This video is not intended to be a source of legal advice for any purpose. Prior results do not guarantee a similar outcome. The information in this video does not constitute a guarantee, warranty or prediction regarding the outcome of your case.
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