The biggest loophole in demand letters resulting in lowball settlement offers is from an inability to justify how your client’s accident affects their daily life. Insurance adjusters love to take advantage of insufficient proof of the daily impact your client’s accident has had on them.
Today, relying on the mechanism of injury, diagnostic tests, and treatment alone is not enough information to warrant the settlement your client deserves. Showing how your client’s accident affects their ability to return to work, continue to work, and functionally perform activities of daily living proves that your client’s injuries are life changing.
The Functional Capacity Evaluation (FCE) is the ONLY trial-tested industry-standard examination that not only showcases your client’s injury but correlates how those injuries impact their daily life. Including a Functional Capacity Evaluation in your demand letter will increase the value of your case and strengthen the documented impact of your client’s injuries allowing insurance adjusters to fully evaluate the severity of the true damages.
There are key elements in any effective demand letter that must be listed and defined. Each element provides separate but vital support to your claim. Elements of a powerful personal injury demand letter include:
- Summary of the facts surrounding the collision
- Confirmation of the insured’s liability
- Detailed list of injuries and medical expenses
- List of out-of-pocket expenses
- Confirmation of lost wages
- Functional Capacity Evaluation stating return to work feasibility, vocational concerns, and functional impact on daily life
- Statement of ongoing pain, suffering, and emotional distress
- Supporting documents
- Settlement demand amount