Michigan Letter of Intent to Sue
Description
How to fill out Letter Of Intent To Sue?
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FAQ
In order to prove emotional distress after an accident, you will need an attorney on your side to gather the evidence needed to prove emotional distress. This may include medical records, witness statements, and testimony from mental health professionals.
A party could maintain an action for emotional distress arising out of fear for his or her own personal safety as a result of the defendant's negligent act, as well as in the capacity of a bystander who witnesses or observes the negligent infliction of tortious injury upon an immediate family member.
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.
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
Michigan law requires a mandatory 182-day notice of a lawsuit to the defendant. It's a letter detailing the problem, explaining why you're filing, and giving them a chance to prepare themselves to show up in court.
In sum, section 364 requires a litigant pursuing a medical-malpractice action to provide at least 90 days of notice to a healthcare defendant before initiating a lawsuit. If the letter is sent within the last 90 days of the statute of limitations, a plaintiff has an extra 90 days to file the lawsuit.
Typically, emotional distress is a category of damages you may recover if you can prove a specific tort. But in some instances, you can sue for emotional distress as its own separate tort.
This is a type of emotional distress. The same is true for other types of mental anguish that are emotional and psychological in nature. If you are embarrassed by a scar or a burn injury, this too would qualify for emotional damages that you can sue for in your case.
