WHAT IS A PEDESTRIAN ACCIDENT DEMAND LETTER?
Posted on Tuesday, February 19th, 2019 at 12:36 am
Drivers and passengers are not the only victims of traffic accidents in Sacramento. Pedestrians can suffer severe injuries when a vehicle strikes them. When a vehicle injures a pedestrian, the pedestrian may be entitled to compensation from the driver. A Sacramento pedestrian accident attorney typically prepares a pedestrian accident demand letter when the person has completed medical treatment, and the claim is ready to be settled. A strong pedestrian accident demand letter can help you settle your claim quickly and for a fair amount.
Seeking Compensation for a Pedestrian Accident
When a pedestrian is injured, he has two options for recovering compensation for his injuries and damages. First, he can file an insurance claim with the driver’s insurance company. Second, he can file a civil lawsuit against the driver. In most cases, we begin by filing an insurance claim with the automobile insurance company. Most cases are settled without filing a personal injury lawsuit.
As the person is receiving treatment for his injuries, our legal team works to build a case for fault and liability. We gather evidence and research applicable laws and cases to build the legal case against the driver. We also gather evidence of damages, including proof of lost wages, medical bills, and evidence of other financial losses. This information is used to prepare the pedestrian accident demand letter.
Preparing a Pedestrian Accident Demand Letter
Once the individual completes treatment and is released by the physician, we are ready to begin negotiations with the insurance company. Sending the pedestrian accident demand letter is the first step in the negotiations.
The demand letter sets forth the allegations of fault and liability against the driver. We include a summary of the evidence that supports our allegations that the driver had a duty to act in a certain way to prevent injuries to pedestrians and owed a duty of care to the pedestrian. The driver breached the duty of care, thereby causing the accident and injuring the pedestrian.
A summary of damages is also included in the pedestrian accident demand letter. The letter includes a detailed accounting of the financial losses incurred because of the accident and injuries. It also includes a demand for compensation for non-economic damages. The non-economic damages include the physical, mental, and emotional pain and suffering endured by the pedestrian. G
A Good Starting Point to Negotiate
In short, a pedestrian accident demand letter is intended to convince the insurance company that the pedestrian has a valid legal claim and is entitled to full compensation of all damages. The amount of compensation demanded in the letter is usually on the higher end of the range that we believe the claim would be worth if we took the case to court. It is a starting point for negotiations.
Settling a Pedestrian Accident Claim
The demand letter gives us a beginning point to negotiate with the insurance company. In most cases, our lawyers and the insurance company negotiate a settlement that compensates the pedestrian fairly for his injuries and damages. When deciding whether to accept a settlement, we consider several factors, including the strength of the case, the availability of insurance coverage, and the time and cost of a lawsuit. Of course, it is always the client’s choice whether to accept an offer based on our legal counsel.
Contact a Sacramento Pedestrian Accident Attorney for More Information
If a negligent driver injured you, we want to help. For a free legal consultation, call The Tiemann Law Firm at (916) 999-9000.