A demand letter is a legal instrument that can be used to resolve a dispute. If you have a legal issue with another party, such as a personal injury claim against an individual or entity for causing you harm, a demand letter can be used to come to an agreement on how to settle the dispute. Most demand letters in Nevada are written and sent by attorneys.
What Is a Demand Letter?
A demand letter is a formal legal document that is sent to the accused party or recipient prior to the filing of a lawsuit. It outlines the facts of a legal dispute and the resolution sought by the writer. It is a common tool used in a Las Vegas personal injury cases to attempt to achieve a financial settlement and avoid litigation.
What Does a Demand Letter Contain?
A demand letter should include the key facts of a case along with citations for any relevant statutes or case precedents. It should be short and concise, sticking only to the facts. It should list all of the parties involved; the date, time and location of the incident; and a description of the damages suffered by the writer. The letter should also contain a proposed resolution for the legal dispute, such as the recipient paying a certain sum of money as a case settlement. The exact amount requested should be included in the letter, along with a payment deadline (often around two weeks to one month). The demand letter should be sent to the recipient by certified mail.
When Is it Appropriate to Use a Demand Letter?
An aggrieved party should only send a demand letter after other dispute resolution attempts have been made and failed, such as communicating directly with the at-fault party through phone calls or emails. If these attempts are unsuccessful, a demand letter can be sent as a courtesy reminder before a lawsuit is filed and official legal action is taken. If you wish to use a demand letter for a personal injury matter in Nevada, you should have one drafted only after you have received medical care and fully understand your injuries and treatment needs. This will give you a better idea of the true nature of your losses and the value of your claim. Liability, or legal responsibility, should be clear.
Should I Write a Demand Letter Myself or Use an Attorney?
Typically, demand letters are written by lawyers on behalf of aggrieved parties. A demand letter must sound professional and nonthreatening. If you’re dealing with significant injuries, your tone may be overly emotional due to your close involvement with the case. This could hurt your chances of achieving a resolution. A lawyer will know exactly what to include in your demand letter and what language to use to make it as efficient and effective as possible. An attorney will also be able to accurately evaluate your case to ensure that you are demanding fair compensation. If you choose to write your demand letter yourself, don’t send it to a recipient or insurance company until an attorney has at least reviewed it.
What Happens After a Demand Letter Is Sent?
Once a demand letter is received, the recipient should review the facts of the case carefully and decide what action to take. The recipient should respond to your letter in a good-faith attempt to come to a resolution. Otherwise, you have the right to take your case to court. If the recipient accepts liability, it will offer a settlement which you can either accept, counter with a higher amount or reject. If the recipient refuses to comply with your demand letter, they should respond with a reason. You then have the right to file a lawsuit and bring your case to court if desired.