Getting What Is Rightfully Yours

FAQs Of Writing A Demand Letter For A Slip-And-Fall Injury

23 June 2016 by Penny Fisher

After experiencing a slip and fall, the demand letter might be the first contact that you have with the responsible party's insurance company. Because of this, you need to ensure that your letter covers certain areas. The better your letter, the more likely it is that the insurance company will be to offer a settlement. Here is what you need to know about writing a demand letter. 

What Should Be in the Letter?

Since your demand letter is likely the first contact you have with the insurance company, you need to ensure that it spells out the details of the fall. It is important that you are as detailed as possible. 

For instance, instead of simply stating that you slipped and fell, you can include details, such as the floor was wet or damaged. You want the insurance company to be aware that you directly blame the condition of the surface for your fall. 

You also need to provide details concerning the injuries you suffered. You need to impress upon the insurance company just how serious your injuries were. To do this, include information about the medical treatment you required. Without medical treatment, the insurance company could argue that your injuries were not too serious. 

The demand letter is your chance to state what other damages you suffered as a result of the slip and fall. Damages, such as lost wages and pain and suffering, need to be included. 

To drive home how solid your case is, you need to include copies of evidence that you have. For instance, the police report if one was taken and witness statements can build your case. 

What Should Not Be in Your Letter?

As equally important as what you should include in your demand letter is what you should leave out. One of the most important things to remember is that you want the insurance company to understand that its customer is to blame for your injuries. If you fail to point the finger at the responsible party, the insurance company could use that to fight the claim. 

For instance, do not call the slip and fall an "accident." The insurance company could argue that because it was an accident, no one is to blame. Instead, you can refer to what happened as an "incident."

You also need to avoid leaving the settlement amount open. Do not include statements that allow the insurance company to decide on the amount of compensation. If you do, you could be putting yourself at a disadvantage early in the negotiations process. 

To ensure that your demand letter is as effective as possible, consult with a personal injury lawyer such as the Law Office of Daniel E Goodman, LLC. 

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