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Personal Injury Claim Letter

Every year, there are thousands of different personal injury claim letters written. Written by people just like you, who are dealing with a nasty personal injury that was caused by someone else’s negligence.

While there are many types of personal injuries, there are five personal injuries, in the United States, that garner the most number of claims per year. Vehicle accidents. Injuries in public spaces, due to negligence. Medical malpractice. Defective products. And, workplace injuries.

Each one of these personal injuries leads to lost wages, due to the time you are unable to spend at work, medical bills, and, in some cases, permanent physical damage. With a personal injury claim letter, you are able to receive the settlement that you deserve, in order to compensate for those losses.

Writing a personal injury claim letter can be a daunting process. It doesn’t need to be, though. Instead, there is a simple set of guidelines that, if followed, will produce a powerful and effective personal injury claim letter. This personal injury claim letter will deliver the results that you seek.

Who Is At Fault?

In the state of Oregon, if, for example, there is an automobile accident and you were injured, the person who is responsible for that is only liable to pay for any damages if they are, at the very least, 51% responsible for the accident, and the injuries that resulted from the accident.

Right before you draft your personal injury claim letter, it is vital that you consider the individual factors of the accident, when it comes to what happened and how the other party factors into that accident, and your injuries.

Personal Injury Claim LetterSometimes, it is easy to determine the fault of the other party, because, in the case of an automobile accident, they were driving-under-the-influence, and a breathalyzer proves this, or they were speeding. In these cases, the other party has a higher percentage of responsibility, and will also need to pay punitive damages, which are damages that serve as a punishment for outrageous and unlawful conduct.

In other cases, it’s a lot more difficult to determine the fault of the other party. If there is no evidence that the other party in question voided their legal duty, which is a prerequisite for all personal injury claims, or that they are at fault for the damages you received, then it becomes much more difficult to determine whether or not the other party is at least 51% responsible, and if this is unverifiable, your claim will be thrown out.

Everyone has to abide by certain legal duties that are present wherever you go. If you are on the road, then the legal duty is that of a duty of care, which means they need to be careful and respect the other drivers on the road. By hitting another automobile, they breach that legal duty. Depending on what took place, there may be a different legal duty, but they all circle back to the concept of respecting other people, and an injury is a breach of that legal duty.

Proving fault is a process that is conducted based on the evidence that is available. In automobile accidents, there are usually witnesses, as well as security camera footage. These two pieces of objective evidence are exceptionally useful and make the facts of the case much easier for the lawyers and attorneys to parse. Individual testimony is incredibly important, as well.

What Happened?

When writing a personal injury claim letter, the most important thing is to convey all of the facts of your injury, and how the injury has affected you, and how it continues to affect you.

Accident Letter Format

In order for the personal injury claim letter to be useful, you must write down the date and time of the accident, and then you must write down the injuries that took place on that date. You are also going to need to write down any personal information that is applicable, such as your date-of-birth, marital status, and other relevant details.

As you write down the injuries that took place, it’s important to explain them in specific and concise language that is simple, and clear. If you were hit by a car, and broke your leg, explain the specifics of this injury, such as what happened and how it happened. Make sure to use neutral and specific language.

Of course, you can’t just write down the injuries that took place, without providing valid evidence of the injuries themselves. You also need to provide medical documentation that proves the injuries you are describing. More importantly, however, you need to provide medical documentation – usually in the form of bills – that describe the type of treatment you needed, or need, and the costs of these treatments.

If you missed work and lost out on wages that you would normally receive, you need to write that down and provide the proper documentation for that, as well. Property damage is another form of damage that can be compensated for, in court, and you will need to provide proof of that, in the form of pictures and other forms of documentation.

In Oregon, you can also receive compensation for pain and suffering, emotional anguish, and loss of enjoyment. Pain and suffering can be proven through medical documentation that describes the symptoms of the injury that took place, and emotional anguish falls under that umbrella as well. Loss of enjoyment is harder to verify, though.

sample demand letter for car accident

Each piece of documentation helps form the claim that will then be presented in court. This claim consists of your description of what took place, the medical documentation that supports what you are describing, and then, from this, you have a specific amount of compensation that you require, based on those treatment costs, lost wages, and other relevant damages.

What’s Next?

Once you have finished drafting the personal injury claim letter, settlement negotiations will begin one-to-two-weeks later. During these negotiations, it’s best to let your attorney do much of the work, but it’s important to continue to focus on the compensation that you feel is right, based on the injuries that you sustained.

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