What is a Demand Letter in a Kentucky Personal Injury Case?
A demand letter is a formal written request sent by an injured party or their Paducah personal injury attorney to the at-fault party’s insurance company. It outlines the details of the injury, explains the legal basis for liability, and demands a specific amount of compensation. If you’ve been injured due to someone else’s negligence, speaking with a Paducah personal injury lawyer can help you understand your rights and take the first step toward securing fair compensation. Contact us for a free consultation today.
Purpose of a Demand Letter
The demand letter serves several essential functions in a Kentucky personal injury case:
- Initiates Settlement Negotiations: It signals that the injured party is serious about pursuing compensation.
- Summarizes the Case: It presents a clear summary of the facts, injuries, and legal arguments.
- Establishes the Value of the Claim: It puts forth a specific dollar amount requested to settle the case.
- Promotes Efficiency: It often leads to a faster resolution than litigation.
A well-drafted demand letter can lead to early resolution and avoid the need for prolonged litigation.
What to Include in a Demand Letter
A strong demand letter must be detailed, accurate, and persuasive. It typically includes the following elements:
Description of the Accident
A clear and factual account of how the injury occurred. This includes the date, location, and parties involved.
Injury Summary
A detailed explanation of the physical, emotional, and financial harm suffered.
Medical Treatment Details
Records of doctor visits, diagnoses, surgeries, prescriptions, physical therapy, and other treatments.
Proof of Damages
- Medical bills
- Lost wages
- Property damage
- Future medical costs
- Pain and suffering
Legal Basis for Liability
A brief explanation of why the at-fault party is legally responsible under Kentucky law.
Settlement Demand
A specific dollar amount requested to resolve the claim
The tone must remain professional. The goal is to persuade the insurance adjuster that your case is valid, well-supported, and worthy of serious review.
Kentucky-Specific Considerations
Comparative Negligence
Kentucky follows a pure comparative fault system under KRS § 411.182. This means a plaintiff’s damages may be reduced in proportion to their share of fault. The demand letter must anticipate and address any potential arguments about shared liability.
Auto Accidents
Kentucky is also a “no-fault” state for motor vehicle accidents. Under KRS § 304.39-060, Personal Injury Protection (PIP) benefits cover initial medical bills and lost wages, regardless of fault. Before making a claim against the at-fault driver, the injured party must meet certain thresholds, such as:
- Medical expenses over $1,000;
- Permanent disfigurement or injury; or,
- Fractures or loss of a body part.
The demand letter should explain how the case meets these thresholds to pursue damages beyond PIP coverage.
Do You Need an Paducah Personal Injury Lawyer to Send a Demand Letter?
Technically, you do not need an attorney to send a demand letter. However, in Kentucky personal injury cases, having a personal injury attorney in Paducah draft and send the demand letter offers significant advantages. Insurance companies take attorney-drafted demand letters more seriously. They understand that an attorney-backed claim means the injured party is prepared to file a lawsuit and pursue the case in court if it does not settle. This added pressure often leads to faster and more favorable settlement offers. Contact our Paducah personal injury lawyers at Bryant Law Center to seek legal guidance today.