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Here are five points to keep in mind when drafting a pre-litigation demand letter: Clearly state the nature of your demand. ... Stick to the facts and avoid inflammatory language. ... Consider the applicable ethical constraints. ... Follow the requirements of any applicable contracts or statutes.
Informally known as a 'pre-action letter' or 'letter before action', a letter before claim (?LBC?) is a letter sent from a claimant to a potential defendant which sets out the details of the claim that is being advanced and may be pursued in court.
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts.
An intent to sue letter should have the addresses of both parties, a detailed description of the dispute, the settlement demand (e.g., payment amount, cease and desist, repair damages, etc.), the sender's contact information, and the deadline for the proposed settlement.
A demand letter should always be polite. Using abusive or threatening language will not work in your favor ? not only will it make the defendant less likely to want to settle your claim, it could even cause damage to your actual case.
Typically, pre-litigation follows this process: Your pre-litigation attorney sends a formal pre-litigation letter of your intent. There is an investigation made; your pre-litigation attorney may speak to witnesses and take statements, as well as gather valuable information such as medical records.
A letter of intent to sue is used to notify an individual or business that legal action may be taken against them if the demands included in the letter are not met. By sending an intent to sue letter, you may be able to resolve the dispute without having to initiate a costly lawsuit.
Stick to the facts and avoid inflammatory language The focus of a demand letter should be to convince the recipient that your claim is valid and that they should take it seriously. Keep it civil (i.e., avoid maligning the recipient) and get the facts right.