Georgia Letter regarding Notice and Settlement Offer - Personal Injury

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Multi-State
Control #:
US-PI-0281
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Word; 
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Description

This form is a letter to the defendant's insurer notifying the insurer of plaintiff's claim and tendering an offer to settle plaintiff's claim.

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FAQ

A demand letter is a formal letter that demands the other person (or corporation) performs a legal obligation, such as fixing a problem, paying a sum of money, or honoring a contract. The letter describes the agreement between parties and gives the recipient a chance to fix the issue without being taken to court.

Generally, a demand letter should not convey threats of consequences?or of professional discipline, in the case of a lawyer-recipient?unless a reasonable, good faith basis to believe the conduct warrants it, and a substantive purpose exists for the threat.

Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!

Can My Lawyer Accept a Settlement Without My Permission in Georgia? Unfortunately, yes. Even if you didn't provide written or verbal agreement before your lawyer accepted the settlement, it's still legally binding because your lawyer is considered to have the legal power to answer on your behalf.

In Georgia, the insurance company will have either thirty (30) or sixty (60) days to review your demand letter ? depending on your circumstances. Some insurance companies work quickly and will be able to evaluate your claim in a few days or weeks. Others wait until the last minute.

Fortunately, monies from injury settlements or workers' compensation settlements are considered exempt from most liens. In plain English, creditors cannot take these monies via bank garnishment.

Your non-response to the demand letter from an attorney may be considered evidence of intentional wrongdoing or willful violation of the other party's rights. Moreover, penalty provisions and attorney's fees may substantially increase the amount you owe.

The purpose of a demand letter is to begin the negotiation process that will hopefully result in dispute resolution to avoid filing a claim in court if it is possible to resolve the issue without litigation.

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Georgia Letter regarding Notice and Settlement Offer - Personal Injury