Hawk Law Group | March 23, 2022 | Personal Injury
After suffering an injury due to someone else’s negligence, one of the most important steps in the personal injury claims process is writing a settlement demand letter. This document serves as the foundation for your compensation negotiations.
At Hawk Law Group, our personal injury lawyers have 71 years of combined experience representing accident victims throughout the Central Savannah River Area (CSRA). We understand what makes a settlement demand letter successful. We’ve helped countless clients secure fair compensation for their injuries, and we’ll share that knowledge with you.
What Is a Settlement Demand Letter?
A settlement demand letter is a formal written request sent to an insurance company or responsible party after you’ve been injured. It outlines the facts of your case, details your injuries, documents your losses, and explains why you deserve compensation.
This letter serves as the starting point for settlement negotiations and can significantly impact the outcome of your personal injury claim.
When to Send a Settlement Demand Letter
The timing of your settlement demand letter is crucial. We recommend waiting until you have:
- Completed most of your medical treatment
- Reached maximum medical improvement (MMI)
- Gathered all necessary documentation
- Consulted with a personal injury attorney
Sending a demand letter too early might result in undervaluing your claim, as you may not yet understand the full extent of your injuries and losses.
Essential Elements of an Effective Settlement Demand Letter
1. Include Comprehensive Facts About the Accident
Your letter should clearly state:
- Date, time, and location of the accident
- Weather conditions (if relevant)
- How the accident occurred
- Names of all involved parties
- Police report information (if applicable)
The more specific details you can provide about how the accident occurred, the stronger your position will be in establishing liability.
2. Document All Injuries and Medical Treatment
Thoroughly detail:
- Initial injuries and diagnosis
- All medical treatments received
- Names of treating physicians and facilities
- Diagnostic tests performed
- Medications prescribed
- Future treatment needs
- Long-term prognosis
Being specific about your injuries helps establish the severity of your condition and justifies your compensation request.
3. Calculate All Economic Damages
Document all financial losses, including:
- Medical expenses (current and anticipated)
- Lost wages and income
- Property damage
- Out-of-pocket expenses (transportation to medical appointments, home modifications, etc.)
💡 Pro Tip: Create a detailed chart or table listing all medical providers, dates of service, and amounts billed. This organization makes it easier for the insurance adjuster to review your claim.
| Medical Provider | Date of Service | Service Provided | Amount |
|---|---|---|---|
| Hospital Name | MM/DD/YYYY | Emergency Room Visit | $X,XXX |
| Doctor Name, Specialty | MM/DD/YYYY | Initial Consultation | $XXX |
| Physical Therapy Center | MM/DD-MM/DD/YYYY | X PT Sessions | $X,XXX |
| Total Medical Expenses | $X,XXX | ||
4. Explain Non-Economic Damages
While harder to quantify, non-economic damages are equally important:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Disfigurement or scarring
Use specific examples to illustrate how your injuries have affected your daily life, relationships, and overall well-being.
5. Establish Liability Clearly
Explain why the other party is legally responsible for your injuries:
- Describe their negligent actions
- Reference relevant laws or regulations that were violated
- Include supporting evidence (witness statements, photos, etc.)
- Address and refute any potential arguments about shared fault
According to Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33), you can still recover damages even if you were partially at fault, as long as you were less than 50% responsible. However, your compensation will be reduced by your percentage of fault.
Common Mistakes to Avoid in Your Settlement Demand Letter
1. Making a Specific Dollar Demand Prematurely
🚫 Avoid: Stating a specific settlement amount before fully understanding your case value.
✅ Instead: Work with an attorney to determine a reasonable settlement range based on your specific circumstances and similar cases in the CSRA.
2. Including Unnecessary Information
🚫 Avoid: Adding irrelevant details or making statements that could be used against you.
✅ Instead: Focus on facts that directly support your claim and consult with an attorney before sending any documentation.
3. Using Emotional or Threatening Language
🚫 Avoid: Writing an angry or threatening letter, which can damage your credibility.
✅ Instead: Maintain a professional, factual tone that emphasizes the merits of your case.
Hypothetical Scenario: A Tale of Two Demand Letters
Hypothetical Scenario 1: The Ineffective Letter
John was injured in a car accident in Evans, GA. He quickly wrote a brief, angry letter demanding $50,000, without including medical documentation or explaining liability. The insurance company offered only $5,000, forcing John to either accept an unfair settlement or start over with an attorney.
Hypothetical Scenario 2: The Effective Letter
Sarah was injured in a similar accident. She consulted with Hawk Law Group, who helped her prepare a comprehensive demand letter after she completed her medical treatment. The letter included:
- Detailed accident facts with reference to the police report
- Complete medical records and bills
- Documentation of lost wages
- Photos of her injuries and the accident scene
- A clear explanation of liability based on Georgia law
Sarah received an initial offer of $40,000 and ultimately settled for $95,000 after negotiations.
This is a fictional example.
Settlement Demand Letter Template
How to Use This Template:
- Replace all the text in italics with dashed underlines with your specific information
- Delete or add bullet points as needed for your situation
- Ensure all information is accurate and supported by your documentation
- Print or save as PDF when complete
- Keep a copy for your records and send via certified mail
Note: This section won’t appear when you print the document.
Claim Number: CLAIM NUMBER
Date of Loss: ACCIDENT DATE
Claimant: YOUR FULL NAME
This letter constitutes my formal demand for compensation regarding injuries I sustained in an accident on ACCIDENT DATE involving your insured, INSURED’S NAME.
Facts of the Accident
On ACCIDENT DATE at approximately TIME OF ACCIDENT, I was DESCRIBE WHAT YOU WERE DOING at LOCATION OF ACCIDENT. DESCRIBE HOW THE ACCIDENT OCCURRED AND HOW THE INSURED WAS NEGLIGENT.
The accident was investigated by OFFICER’S NAME of the POLICE DEPARTMENT, who filed report number REPORT NUMBER. A copy of this report is enclosed.
Liability
Your insured’s liability is clear in this matter. EXPLAIN WHY THE INSURED IS LEGALLY RESPONSIBLE, CITING ANY TRAFFIC LAWS OR OTHER REGULATIONS THAT WERE VIOLATED. INCLUDE ANY WITNESS STATEMENTS OR OTHER EVIDENCE SUPPORTING LIABILITY.
Injuries and Treatment
As a direct result of this accident, I suffered the following injuries:
- LIST FIRST INJURY
- LIST SECOND INJURY
- ADD ADDITIONAL INJURIES AS NEEDED
I sought immediate medical attention and have received the following treatment:
- DATE: Initial emergency room visit at HOSPITAL NAME
- DATE: Follow-up with Dr. DOCTOR’S NAME, who diagnosed DIAGNOSIS
- DATE RANGE: NUMBER physical therapy sessions at FACILITY NAME
- ADD ADDITIONAL TREATMENT DETAILS AS NEEDED
My doctors have indicated that DESCRIBE PROGNOSIS AND ANY FUTURE TREATMENT NEEDED.
Economic Damages
As a result of this accident, I have incurred the following expenses:
Medical Expenses:
- PROVIDER NAME: $AMOUNT
- PROVIDER NAME: $AMOUNT
- ADD ADDITIONAL PROVIDERS AS NEEDED
- Total Medical Expenses: $TOTAL MEDICAL EXPENSES
Lost Wages:
- I was unable to work from START DATE to END DATE, resulting in NUMBER missed work days
- My daily wage at EMPLOYER NAME is $DAILY WAGE AMOUNT
- Total Lost Wages: $TOTAL LOST WAGES
Other Expenses:
- EXPENSE DESCRIPTION: $AMOUNT
- EXPENSE DESCRIPTION: $AMOUNT
- Total Other Expenses: $TOTAL OTHER EXPENSES
Total Economic Damages: $SUM OF ALL ECONOMIC DAMAGES
Non-Economic Damages
Beyond these financial losses, I have experienced significant pain, suffering, and disruption to my life, including:
- DESCRIBE PHYSICAL PAIN AND ITS SEVERITY
- DESCRIBE EMOTIONAL DISTRESS
- DESCRIBE HOW INJURIES HAVE AFFECTED DAILY ACTIVITIES
- DESCRIBE HOW INJURIES HAVE AFFECTED RELATIONSHIPS
- ADD ADDITIONAL DETAILS AS NEEDED
Demand
Taking into account all of the above factors, including my current medical expenses, lost wages, other costs, ongoing pain and suffering, and potential future medical needs, I am prepared to settle this claim for the amount of $SETTLEMENT AMOUNT if paid within NUMBER days of the date of this letter.
This offer will remain open for NUMBER days from your receipt of this letter. After that time, I reserve the right to pursue all available legal remedies without further notice.
Please contact me at your earliest convenience to discuss this matter. All of my contact information is listed above.
Sincerely,
- Police Report (REPORT NUMBER)
- LIST FIRST ENCLOSED DOCUMENT
- LIST SECOND ENCLOSED DOCUMENT
- ADD ADDITIONAL DOCUMENTS AS NEEDED
How Our Georgia Personal Injury Attorneys Can Help
Writing an effective settlement demand letter requires legal knowledge, attention to detail, and strategic thinking.
At Hawk Law Group, we will:
- Thoroughly investigate your accident
- Gather and organize all necessary documentation
- Calculate the full value of your claim
- Draft a compelling demand letter tailored to your specific situation
- Handle all negotiations with the insurance company
- Prepare your case for trial if a fair settlement cannot be reached
Tips from Our Trial Attorneys for a More Persuasive Letter
Based on our extensive experience litigating personal injury cases in the CSRA, here are additional strategies to strengthen your settlement demand letter:
1. Include Relevant Case Law When Appropriate
For complex cases, referencing relevant Georgia court decisions that support your position can add weight to your argument. When applicable, mentioning established legal precedents can demonstrate your understanding of the law and strengthen your position.
2. Address Potential Defenses Preemptively
Insurance companies commonly use specific defenses to reduce payouts. By addressing these potential arguments in your letter, you demonstrate thorough preparation:
- Pre-existing conditions: Clarify how the accident worsened or is distinct from any pre-existing conditions
- Failure to mitigate damages: Document how you followed all medical advice
- Contributory negligence: Explain why you bear no responsibility for the accident
3. Use Visual Evidence Strategically
When sending supporting documentation with your letter, consider including:
- Annotated photographs of the accident scene
- Diagrams showing how the accident occurred
- Before and after photos (if physical injuries or property damage is visible)
Visual evidence can often communicate the severity of damages more effectively than written descriptions alone.
Learn More About Personal Injury Claims in Georgia
For more information about personal injury claims in Georgia, we recommend visiting these authoritative resources:
- State Bar of Georgia – Consumer Resources
- Georgia Office of Insurance and Safety Fire Commissioner
- Richmond County State Court – Civil Division
Contact Hawk Law Group for a Free Consultation
If you’ve been injured in an accident in Georgia or South Carolina, the experienced personal injury attorneys at Hawk Law Group are here to help. With five convenient office locations throughout the CSRA, we’re ready to fight for the compensation you deserve.
Call us today at (706) 397-3355 or contact us online to schedule your free consultation. Remember, you pay nothing unless we win your case.