Demand letters are an essential part of the legal process. When you have a dispute or issue you need to resolve, your lawyer can send a demand letter on your behalf. This letter outlines the basis of your claim, how much compensation you seek, and other relevant information. But once your lawyer sends the demand letter, what happens next? Depending on the situation, a variety of possible outcomes could follow a demand letter from your lawyer. This blog post will discuss what happens after your lawyer sends a demand letter and how it could lead to a successful result.
What Is a Demand Letter?
A demand letter is a formal notice from your lawyer that outlines the facts of your claim, the evidence that supports it, and the damages you seek. It serves as an attempt to resolve a dispute without going to court. Instead, it is a way for you and your lawyer to present your case to the other party to reach a settlement before initiating litigation.
In a demand letter, you will detail the facts of your case, such as the time and place of the accident, the parties involved, and any witnesses who may have seen what happened. You will also provide a legal analysis of why you believe the other party is at fault and why they should be responsible for compensating you. The money you seek should be clearly stated and supported with evidence, such as medical bills, photos of injuries and property damage, witness statements, and other records.
Usually, you send a demand letter to the other party via certified mail or to their lawyer if counsel represents them. Once they receive it, they typically respond with either an acceptance of the demand, a denial, or a counteroffer. If the parties cannot come to an agreement, then the dispute may move to court.
What Happens After the Demand Letter?
Once your personal injury attorney sends a demand letter to the insurance company, settlement negotiations can begin. After receiving a demand letter, the insurance carrier may accept the amount of money you requested to settle the claim. However, insurance carriers are not inclined to pay out claims and will often try to find a way to deny the claim or offer significantly lower compensation than what the demand letter asked for.
If the at-fault party’s insurance company doesn’t agree to the demands outlined in your demand letter, then your attorney may proceed with filing a lawsuit against them. However, if the other party accepts your offer, they will provide you with a settlement agreement. This document will outline the exact terms of the settlement. You and your lawyer should review it carefully before signing.
How Long After Sending a Demand Letter Can I Expect a Settlement?
When your lawyer sends a demand letter to an insurance company, the insurer typically responds within 30 to 45 days. However, some insurance companies may take longer. After sending a demand letter, there are three possible outcomes: the insurer can accept the offer, counteroffer or enter into settlement negotiations, or deny the claim. The amount of time it takes for an insurer to respond and enter into negotiations will depend on several factors, including how quickly you follow up with the insurer, the size of the company, and the size of the claim.
It is important to note that settlement negotiations can last anywhere from weeks to months, depending on your case’s complexity and the willingness of both parties to negotiate. If the negotiations become particularly complicated or contentious, reaching a final settlement agreement could take even longer. To get a better idea of how long it might take to settle your case, speak with a Chicago personal injury lawyer who has experience handling cases like yours.
Speak With a Chicago Personal Injury Lawyer
At Karlin, Fleisher & Falkenberg, LLC, we understand that taking legal action after an accident can be intimidating. Our experienced team of attorneys has handled countless injury cases over the years, and we know what it takes to get results. We will listen to your story and evaluate your case to determine the best course of action. Our Chicago personal injury attorneys have the knowledge, resources, and expertise to fight for you and the compensation you deserve. Contact the experienced team at Karlin, Fleisher & Falkenberg, LLC today by calling 312-346-8620 to discuss your potential claim and learn how we can help you through a free legal consultation.