A settlement demand is the final step taken by a personal injury attorney to obtain a recovery for injured clients in car and truck accidents. Our law firm has practiced for 50 years making sure that when a settlement demand is submitted we have the documentation to establish a claim for damages and liability. When a client first retains our office we begin working immediately to document the evidence which includes taking photos, getting witness statements, accident reconstructionist when needed, along with arranging for medical care for our clients. This is vital when we begin the settlement process to obtain the maximum recovery.
At Flora Templeton Stuart Accident Injury Lawyers only our attorneys negotiate to secure top settlements with the insurance company for our clients. A small percentage of our cases go to court because we are able to obtain an excellent settlement for the majority of cases without the necessity to file a law suit. In fact, most personal injury cases are settled without going to trial. [The Law Dictionary]
What is in a Settlement Demand?
A settlement demand tells your story as it relates to the car, truck, motorcycle, or slip and fall accident. It contains three primary things: the facts surrounding your case, the evidence that supports your claim, and what damages you seek.
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The Facts of Your Case
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- Accident details which include the accident report from the Kentucky State Police, local sheriff or city police who investigated the collision.
- The parties who were involved, both Defendant and Plaintiff.
- Details of how and why the accident occurred
- Injuries sustained by our clients
- Whether your injuries are permanent
- How your injuries have affected our client’s life
- The cost of medical treatment
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Supporting Evidence
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- Medical records and bills obtained from physicians and hospitals
- Photos of the injuries and accident
- Witness statements
- Documentation from your employer of missed work and physician documentation
- Expert opinions
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The Damages You Seek
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- The settlement demand will tell the insurance company how much compensation you deserve to settle your claim. This will be supported by all of the above evidence to include a detailed summary of the medical records, medical expenses, lost wages, and liability.
What Happens After a Settlement Demand is Sent at Flora Templeton Stuart Accident Injury Lawyers?
After the settlement demand has been sent to the insurance company. The adjuster may (1) accept the demand; (2) make an offer of a lesser amount and enter into settlement negotiations; or (3) deny the claim.
The adjuster may accept the amount of money you have demanded to avoid litigation. They will send a release which our attorneys will review for you to sign.
If the adjuster does not accept your initial request for money, they will make an initial offer of a lesser amount. This will begin the process of negotiations.
In some cases, the adjuster will deny the claim. This may happen in cases where liability is in question (there is no proof someone else is at fault for the accident), or when there is a question as to whether your injuries were actually caused by the accident.
Our law firm always obtains written authority from our clients after consulting to accept or reject offers in their case.
How Long Will My Case Take After a Settlement Demand is Sent?
The time it takes for an insurance company to respond to the demand can vary depending on several factors, including your injuries and the limits of insurance to pay your claim. This can take up to 30-60 days and longer on more serious cases.
Our law firm will recommend mediation if settlement cannot be reached in serious injury cases. While most cases settle out of court we are ready to file suit if warranted.
What Should I Do After an Accident?
- Get Photos of Vehicle and Names of Witnesses
- Get Medical Treatment if You Are Injured:
- Treatment for an injured client is crucial in establishing an injury claim. After a collision if you are injured it is important you seek care at the emergency room and physicians/therapists who specifically treat car accident injuries. Our law firm goes the extra mile in assisting our clients in getting medical treatment and setting up their personal injury PIP benefits to pay for their medical bills and lost wages.
- Treatment for an injured client is crucial in establishing an injury claim. After a collision if you are injured it is important you seek care at the emergency room and physicians/therapists who specifically treat car accident injuries. Our law firm goes the extra mile in assisting our clients in getting medical treatment and setting up their personal injury PIP benefits to pay for their medical bills and lost wages.
Should I Hire an Attorney to Prepare My Settlement Demand?
A recent study showed that 91% of individuals who hired a lawyer for their personal injury claim received a payout, compared to 51% who received a payout without a lawyer. Additionally, of those individuals surveyed, the average compensation of those represented by a lawyer was $77,600, versus an average of $17,600 for those who were not represented. [Nolo]
Get a Free Case Review
Flora Templeton Stuart Accident Injury Lawyers is a nationally recognized personal injury law firm serving clients throughout Kentucky and Tennessee. Our attorneys have decades of experience handling and negotiating personal injury cases from beginning to end, and can help you through the process.
Call us today at (888) 782-9090 or contact us online for a free consultation. Our lines are open 24/7. We travel to our injured clients if they cannot come to us.
