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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.
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.
Following are some tips for drafting an effective settlement demand letter: Be concise. Your letter might be 20-30 pages long if your claim is complex. ... Be organized. ... Reread your letter to make sure you haven't said anything that the opposing party can twist around to use against you. Be polite and professional.
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.
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!
What to include in an injury demand letter The date of the accident. Name of the insured. Policy number, if available. What parties were involved in the accident. Events leading up to and causing the accident. Detailed information regarding economic damages, broken down by category. Explanation of non-economic damages.
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.