Understandably, most personal injury victims anxiously await each development in their case, including the response to their demand letters. When fault is clear and injuries are easy to prove, accident victims may receive a settlement check within a few months. By contrast, when evidence is limited or the cause of injury is inconclusive, victims sometimes wait a year or more.
At the end of the day, the time they spend waiting for a response depends on many factors and varies widely from case to case. No matter how long it takes, injury victims should have their accident reviewed by an experienced personal injury lawyer as soon as possible. This will ensure that they are well-informed about their rights and are not taken advantage of by opposing parties.
The personal injury attorneys at Sherrod & Bernard, P.C., are ready to help. Call us today for a free consultation.
What Is the Purpose of a Demand Letter?
As the name suggests, a demand letter is a document sent by an injured party asking that the recipient of the letter pay them compensation. In most cases, the letter is sent to the at-fault party’s insurers. The letter should outline why the recipient is legally responsible, as well as the extent of the injured party’s losses and what would constitute fair compensation. To that end, a demand letter may include details like:
- Date, time, and location of the accident
- Description of events leading up to the incident
- Injuries sustained by the victim and their severity
- Effects of the injuries
- Timeline of medical treatment
- Total expenses incurred by the victim
What is the Timeline of a Personal Injury Lawsuit?
Often, the at-fault party in an accident may agree to compensate injured victims for their medical care and other expenses without the hassle of a lawsuit. In fact, the vast majority of personal injury cases are settled before they are ever argued in court. Well-crafted demand letters play an important role in securing this result.
However, filing a lawsuit might be necessary if a fair settlement cannot be reached or if your claim is denied by the at-fault party’s insurers. The basic steps in a personal injury lawsuit normally include:
- Demand Letter – Early on in the case, injured parties send a letter demanding compensation from the at-fault party. Ideally, this letter will be drafted by an experienced attorney.
- Filing a Personal Injury Lawsuit – If a reasonable settlement cannot be reached with the at-fault party or their insurers, injured victims can file a lawsuit to seek compensation in court. The first document filed by a plaintiff is normally referred to as a “complaint” or “petition.”
- Issuance and Service of Summons – The defendants in the lawsuit are served with a summons, a document formally giving notice that a case has been filed against them.
- Await an Answer – Once given notice, defendants have a limited amount of time to file their answer. Failure to do so can result in a default judgment against the defendant.
- Discovery and Depositions – Discovery is a process during which the parties in a dispute exchange evidence related to the case. Collecting sworn out-of-court statements — known as depositions — of individuals with information relevant to the dispute is an important part of this process. Each side may want to collect depositions from drivers involved in the crash, witnesses to the accident, police officers dispatched to the scene, crash reconstruction experts, doctors who treated injured victims, and others.
- Settlement Negotiations – After discovery and depositions, each side will weigh the evidence collected in the case to reassess the possibility of a settlement. They will then attempt to negotiate an out-of-court settlement.
- Trial – If an out-of-court settlement cannot be reached, the case may need to be resolved in court. This represents a significant escalation of the case. Your attorney can help you weigh the benefits of seeking compensation in court.
What Are Things That Might Delay a Demand Response?
You may wonder why you have not heard back from the at-fault party or, more likely, their insurer after submitting your demand letter. Though a long wait may leave you understandably concerned, it normally does not mean there is something wrong with your letter. Common reasons you may not have received a response include:
- Case Overload – Insurers receive thousands of claims each day. Their adjusters are eager to deny as many of these as possible. Because claims must be denied for good cause, adjusters must investigate each one before responding to demand letters. Ultimately, the delay may simply be the result of a backlog.
- Uncertain Liability – Again, insurance adjusters are eager to deny as many claims as possible, but they may only deny claims for a good cause. Therefore, cases in which legal liability is uncertain may take more time to process. For example, adjusters may spend more time reviewing documentation, speaking to witnesses, gathering additional evidence, and examining the language of the governing insurance policy.
- Insurer Bad Faith – Insurance carriers have a legal duty to handle insurance claims fairly. Even so, some insurers needlessly delay claims or deny them without justification. This is known as insurer bad faith and can lead to serious legal consequences.
Is There a Deadline to File a Lawsuit in Georgia?
Yes. In Georgia, the statute of limitations for personal injury cases gives you two years from the date of your injury to file a lawsuit seeking compensation. Failure to comply with this deadline almost always results in your case being dismissed in court.
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If you are reading this page because you or a loved one were hurt in an accident, we hope you are receiving the medical care that you need and are making a strong recovery. We also hope that the information on this page has been helpful. If you would like to talk with Sherrod & Bernard, P.C., about your situation, call us or contact us online. There is no charge to talk with us about your case.
