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Why do I need a demand letter?

When you are an aggrieved party in a type of legal dispute, your first step to resolution should not always be a lawsuit. You can save yourself a great deal of money and time by addressing the matter in a demand letter.

Many individuals prefer to have their attorneys write demand letters on their behalf. However, there is nothing to preclude you from writing your own.

What should a demand letter include?

As demand letters are sent out at the initial phases of a dispute or in the aftermath of an adverse event, e.g., a car accident, your demand letter should spell out the circumstances from which the claim arose, detail the expenses incurred or involved and request a specific sum as the resolution.

The demand letter informs the opposing party that unless they comply with what you are seeking, i.e., your "demand," they will face legal actions that most will want to avoid.

In the case of an automobile accident where you were injured due to an at-fault driver's actions or negligence, you should avoid use of any incendiary language that could potentially escalate the conflict and lead you away from the path toward resolution.

The letter should be businesslike, as succinct as possible and convey all of the necessary information. Keep in mind that if the dispute is unresolved by this attempt, a copy of your letter will be included in any ensuing litigation. All demand letters should be written with the foreknowledge that one day they may be reviewed by a judge.

If you are uncomfortable with writing the letter yourself, it's still far cheaper to retain a Louisville legal professional to draft one for you than to retain an attorney to file a lawsuit.

Source: FindLaw, "How to Demand Payment in a Letter," accessed April 27, 2018

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