The Elements of a Personal Injury Demand Letter


Attorney working on personal injury demand letter

Were you seriously harmed in an accident in Las Vegas? You have the right to seek compensation for economic and non-economic damages through a personal injury lawsuit. With that being said, there is only a relatively modest chance that your case will go to trial. The Bureau of Justice Statistics (BJS) cites data showing that as little as two percent of personal injury cases go to court.

Far more claims are settled. How do you get a full and fair settlement offer from an insurance company? The process often starts with a well-formed, comprehensive demand letter. Your demand letter should always be drafted by an experienced attorney. Here, our Las Vegas personal injury lawyer highlights five essential elements of a demand letter.

Background: The Purpose of a Demand Letter in a Personal Injury Case

A demand letter in a personal injury case is a formal document sent by the injured party—or, more often, their Las Vegas attorney—to the party responsible for the injury. Its primary purpose is to detail the injuries sustained, associated costs, and the compensation required. A key thing to understand is that a demand letter serves as a negotiation tool in a personal injury case. It can help move your claim toward a settlement. A well-written demand letter from a personal injury letter can make a big difference in your case.

Five Key Components of a Personal Injury Demand Letter

    • A Detailed Overview of the Incident

The demand letter must start with a comprehensive recounting of the incident. Among other details, the specifics may include the date, time, and location of the injury. Providing a narrative of the events as they occurred gives a clear picture of the circumstances leading to the injury. You may also want to refer to witness testimony. A detailed account serves as the foundation of your claim and establishes the context in which the injury occurred.

    • An Unequivocal Claim of the Recipient’s Liability

After outlining the incident, a demand letter should have a clear assertion that the recipient—or their insurance carrier—is at fault. Providing evidence, such as photos, videos, or any other documentation that supports your claim, can strengthen your position. A Las Vegas personal injury lawyer can help you determine what type of evidence to include along with your initial demand letter. To be sure, this section of the document should be assertive—leaving no room for doubt of the recipient’s liability.

    • A Specific Request for Financial Compensation to Settle the Case

Remember, a demand letter should help to move your case toward a settlement. One of the main purposes of the demand letter is to state the amount of compensation you seek. Be sure to be comprehensive: Your request for compensation should encompass medical expenses, lost wages, pain and suffering, and any other costs directly related to the injury. Do not leave anything out. You may want to itemize each expense and, where possible, attach copies of bills, receipts, and other related documents. A Las Vegas personal injury lawyer can help you document your damages.

    • A Reasonable Timeline for a Response from the Defendant/Insurer

While you want to encourage a swift resolution, it’s essential to give the recipient enough time to review the claims and respond adequately. Typically, a period of 14 to 30 days is considered reasonable. Still, the time period for a response can vary based on the specifics of the case. Providing a clear deadline for a response not only shows that you are serious about your demand but it helps to push the insurance company to take action.

    • A Clear Statement of Intent (File Lawsuit If Issue Not Resolved)

Finally, your personal injury demand letter should send a clear message: if the issue is not resolved within the given timeline, you intend to take legal action. The declaration can help to provide motivation for the recipient—as it signals the consequences of non-compliance or delay. However, while this section must be firm, it should avoid sounding overly aggressive. Remember, the aim is to convey seriousness and determination, not hostility.

Schedule a Free Consultation With a Top Las Vegas Personal Injury Lawyer

At Ladah Law Firm, our Las Vegas personal injury attorney advocates aggressively to protect the rights of victims and families. We have extensive experience drafting demand letters. It is our mission to help clients secure the maximum financial compensation. Contact our Las Vegas law office today for a free consultation. Our firm represents injured victims throughout Clark County.