After sustaining a personal injury, you should be focused on your physical recovery instead of worrying about a settlement. However, with the pressures of mounting medical bills, sometimes that can take up your whole focus. Demand letters act as a formal request to the insurance company for compensation for your losses and can also act as a final action before litigation is filed.
Working with a North Charleston personal injury lawyer may help to expedite the process of settling. At Shelly Leeke Law Firm, we have been helping victims of personal injury cases for over a decade and understand the challenges you are experiencing while waiting for your settlement. If you are wondering how long after a demand letter can I expect settlement, keep reading to learn about the process of insurance settlements in personal injury claims.
Understanding the Role of a Demand Letter
A demand letter is a formal document that outlines your claim against the liable party and requests compensation for your losses. It typically acts as a formal step in the legal process and shows the insurance company that you are willing to negotiate. While it is making demands, this step is a final attempt at an amicable settlement before resorting to litigation.
The demand letter creates a written record of the claim, including the specific damages you are seeking, which can assist you if your case goes to court. Often, insurance companies will begin settlement negotiations after receiving a demand letter. However, if your letter is ignored or denied, your lawyer may advise you to take the matter to court.
This step in the process encourages the liable party to take you seriously and shows that you know the value of your claim against them. Essentially, a demand letter is a strategic tool used to assert your legal rights and seek a fair resolution. Should you need help compiling this document, our personal injury attorneys can help.
Compiling a Demand Letter
A well-crafted demand letter clearly identifies the parties involved, provides a detailed account of the incident, and specifies the damages incurred. It also outlines the legal basis for the claim and presents a specific monetary demand. To strengthen the position, supporting documentation and evidence should be included in the letter.
A reasonable deadline for a response is typically included, along with a statement of potential legal action if the demand is ignored. Maintaining a professional and respectful tone while being assertive is crucial in crafting an effective demand letter. Receiving assistance from a lawyer with the creation of your demand letter is strongly recommended.
Average Response Time to a Demand Letter
The time it takes to receive a response to a demand letter can vary significantly. More complex or intricate cases that require substantial evidence or legal analysis often necessitate a more thorough review, extending response times. An insurance company’s individual company policies and procedures can vary as well, depending on the amount of detailed investigation that the insurance adjuster is required to make.
Of course, during this time, you may receive a response but not a final response to your demand letter. Negotiations can involve a lot of back-and-forth communications, which can extend the timeline. Choosing what attorney you work with is also an important aspect of how long your response time may be. An attorney who prioritizes clear and prompt communication can expedite your claims process, while others can just slow you down.
If a response is taking much longer than expected, ask your lawyer about potential bad-faith tactics being used. Insurance companies can sometimes delay a response to see if you will give up on the claim entirely. Understanding all these factors can help in managing your expectations and inform discussions with your attorney about possible next steps.
What to Do When an Insurance Company Responds
Receiving a response to your demand letter is an important step towards finalizing a settlement. You need to review the offer carefully with your lawyer, as insurance companies can offer accident victims quick but low-ball settlements. Make sure you clearly understand the conditions of the settlement, including any releases or waivers that they require you to sign.
If the offer is insufficient, work with your attorney to negotiate for a higher settlement amount. If you have not already, discuss with them what an average settlement for a car accident is for claims like yours and what you should expect. Keep documentation on all of your correspondence, offers, and paperwork as evidence if you choose to file a lawsuit after unsuccessful negotiations.
Understand that during negotiations, even if you verbally accept a settlement offer, you are not legally and formally accepting that offer. You must sign the official release and offer letter. At that time, the insurance company should tell you when to expect a settlement check to be issued. Your attorney may accept the check on your behalf, so be sure to understand where the check will be routed, as that can delay the process of receiving your settlement.
Statute of Limitations and Settlement Delays
Under South Carolina Code §15-3-530, victims of personal injury typically have three years to file a claim or a lawsuit. There are some exceptions to this, but typically, if the deadline is missed, you will not be able to file. Consult a lawyer at Shelly Leeke Law Firm to determine if you are still able to pursue compensation.
While awaiting a settlement, you may start to approach the deadline of the statute of limitations. It is important to note that the statute of limitations will not be extended due to ongoing negotiations or awaiting an agreed-upon settlement. Speak with a lawyer to determine the best course of action.
Contact a Personal Injury Attorney Today for Help
Insurance companies often employ tactics to delay claims, hoping to wear down claimants and make them accept lower settlements. These tactics can include intentionally prolonging the claims process. If you are experiencing delays and wondering how long it will take to receive your settlement, seek legal counsel from the team at Shelly Leeke Law Firm.
Do not delay in reaching out for support in your personal injury claim. Contact us for a free consultation today. We will work to help you settle your claim quickly but without undervaluing your losses.
