Personal injury settlement counter offer letter sample

Personal injury settlement counter offer letter sample

Sample Counter Offer Letter

for Insurance Settlement

From: Debra Turner

1927 Seltice Way

Springfield, Missouri 59482

+1 482-300-1923

[Date]

To: Dennis Hughes

4958 Tenmile Road

Springfield, Missouri 43281

Dear Mr. Hughes,

I received your letter offering a settlement of $10,000 for my claim. However, none of the

reasons that you stated in your letter that would make such a low figure reasonable are

accurate. Your claim that the accident was due to negligence on my part is disproven by

the police report which states clearly that Chris Roberts was at fault. Your claim that my

soft tissue injury won’t cause long-term pain and suffering holds no value since you are

not a medical professional that is qualified to determine the long-term impact of the

injury.

However, in the interest of expediting the process, I am willing to lower my initial

demand of $60,000 by 5% and accept $57,000 as compensation for my damages, pain,

and suffering in this matter. This offer expires two weeks today on March 28, 2021.

Sincerely,

Debra Turner

[Signature]

©

TEMPLATEROLLER.COM

Sample Counter Offer Letter

for Insurance Settlement

From: Debra Turner

1927 Seltice Way

Springfield, Missouri 59482

+1 482-300-1923

[Date]

To: Dennis Hughes

4958 Tenmile Road

Springfield, Missouri 43281

Dear Mr. Hughes,

I received your letter offering a settlement of $10,000 for my claim. However, none of the

reasons that you stated in your letter that would make such a low figure reasonable are

accurate. Your claim that the accident was due to negligence on my part is disproven by

the police report which states clearly that Chris Roberts was at fault. Your claim that my

soft tissue injury won’t cause long-term pain and suffering holds no value since you are

not a medical professional that is qualified to determine the long-term impact of the

injury.

However, in the interest of expediting the process, I am willing to lower my initial

demand of $60,000 by 5% and accept $57,000 as compensation for my damages, pain,

and suffering in this matter. This offer expires two weeks today on March 28, 2021.

Sincerely,

Debra Turner

[Signature]

©

TEMPLATEROLLER.COM

When you're told or promised anything important in the course of your injury claim, use a confirming letter to make a paper trail.

During the course of your injury claim negotiations, you may be told or promised something, or given some information that you want to make sure is not later denied or changed. These kinds of conversations can be with almost anyone involved in your claim -- the other party, an insurance adjuster, an attorney, or others.

Regardless of who you spoke with, if you have any inkling at all that you'd like to preserve a record of what was said, immediately after the conversation you should send a letter confirming what the person told you. The letter does not have to be elaborate, just a brief restatement of what was said. Be sure to make a copy for your own files before you send it.

To help you get started, a sample confirming letter is shown below. You can follow this format for almost any important (or seemingly important) piece of information to make sure that it's part of the "paper trail" in your claim.

Sample Confirming Letter

Paula Thompson
23 Broadway
Anytown, Anystate 12345

January 2, 20xx

Mr. Clarence Smolten

Claims Adjuster

Do Right Insurance Company

Thiscity, Thisstate 54321

.

Re: Claimant: Paula Thompson

Insured: Rocky Polletto

Claim No. 3244949Kl00

Date of Loss: September 9, 20xx

Dear Mr. Smolten:

This letter is to confirm our telephone discussion of January 2, 20xx in which you informed me that you would be making me an offer of settlement on behalf of the Do Right Insurance Company no later than January 15, 20xx.

Thank you for your attention to this matter.

Sincerely yours,

[signature]

Paula Thompson

Learn More About Settling Your Accident Claim

If you're negotiating an accident claim, see the articles we have filed under Settle Your Personal Injury Claim. You'll find lots of practical information to help ensure you get the best settlement possible.

This article is an excerpt from How to Win Your Personal Injury Claim by Attorney Joseph Matthews (Nolo)

Find demand letters for a variety of personal injury cases and negotiate a fair out-of-court settlement after an accident.

If you're making a personal injury claim after any kind of accident, looking at a sample demand letter is a great way to put together your opening settlement demand to the other party (or that party's insurance company), or to frame your best case when making a counteroffer as part of settlement negotiations.

Below you'll find several kinds of demand letters covering some common types of personal injury cases. These letters will help you to:

  • effectively describe the facts of your claim—the who, what, when, and where
  • present common legal issues (like negligence, fault, and causation) in ways that highlight the strengths of your case
  • best summarize your "damages" (losses caused by the other party's wrongdoing), and
  • strengthen your side of the case so that you are in the best position to negotiate a fair personal injury settlement.

We are not your lawyer, and these sample letters are not a replacement for qualified legal advice. They are for illustrative purposes only. If you think you have a personal injury claim, you should consider hiring an experienced personal injury attorney. This is especially true if the facts are complicated, your injuries are serious, or there are difficult legal issues involved. An attorney can guide you through the process and help you to maximize the value of your case.

Car Accidents

Demand Letter for Car Accident ClaimMinor Injury

This is a sample demand letter for a simple car accident claim with minor injuries. The responsibility of the other driver isn't in doubt. The claimant has a bit more than $1,000 in medical bills, a few hundred dollars in lost wages, and minor lingering pain.

Demand Letter for Car Accident Claim—Serious Injury

This is a sample demand letter for a car accident claim with serious injuries. The responsibility of the other driver isn't in doubt. The claimant has over $6,700 in medical bills and around $900 in lost wages. In addition, the claimant has experienced lingering effects of the collision: long-term pain and ongoing emotional distress.

Personal Injury Demand LetterBicycle-Car Accident

This is a sample demand letter for an SUV-bicycle collision involving serious and likely permanent injuries to the bicyclist. The letter explains how the SUV driver, not the bicyclist, was at fault. The bicyclist has over $21,000 in past and future medical expenses and nearly $5,000 in lost wages. The claimant also has claims for long-term (probably permanent) pain and suffering and for ongoing emotional distress.

Other Common Kinds of Personal Injury Cases

Personal Injury Demand Letter—Slip and Fall Accident on Commercial Property

This is a sample demand letter for a slip-and-fall claim on privately-owned business property. The letter explains in detail the dangerous conditions that led to the claimant's fall. The claimant suffered torn knee cartilage, has medical bills exceeding $21,000, and lost $2,000 in wages.

Personal Injury Demand LetterSlip and Fall Stair Accident

This is a sample demand letter for a slip and fall claim on stairs in a department store. The letter details several ways that the stairs were dangerous, including two building code violations. The claimant suffered a badly broken elbow that needed surgery to repair. Along with past medical bills of almost $48,000, the claimant expects to recover future medical expenses and other damages.

Personal Injury Demand Letter—Accident Caused by Employees

This is a sample demand letter for a claimant who was hit in the face by a softball thrown or batted by a company-sponsored softball team member. The letter argues that the company itself was negligent for allowing the employees to practice softball on company property. The letter also claims that the company is responsible for the negligence of its employees under a legal theory called respondeat superior.

Next Steps

Once you've sent your demand letter, settlement negotiations will begin. Check out these articles to learn how the settlement "dance" works, and how to advocate for the best outcome for your personal injury case:

  • The Personal Injury Settlement Negotiation Process
  • How to Settle a Car Accident Claim
  • Tips for Getting the Best Injury Claim Settlement

How do you write a counter offer letter for a settlement?

What To Include In Counter Offer. In the letter, you will need to refer to the offer made by the insurance company and when it was made. You will then need to reiterate why you think you are owed damages from the other party and why you think that offer was low.

How do you counter offer a personal injury settlement?

From the standpoint of procedure, you will need to make a counter-offer in writing. Be sure you send your letter to the appropriate person, whether that be an insurance adjuster or an attorney. Make it clear that you are rejecting their initial offer and include your reasons for doing so.

How do you respond to a low ball settlement offer?

If you're wondering how to respond to a low settlement offer, you and your injury attorney can follow these steps:.
Remain Calm and Polite. ... .
Table Your Questions. ... .
Give All the Facts. ... .
Develop a Counter Offer. ... .
Respond in Writing. ... .
Only Settle When Fully Healed..

How do you counter offer an insurance settlement?

Countering a Low Insurance Settlement Offer.
State that the offer you received is unacceptable..
Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim..
Re-state an acceptable figure..
Explain why your counteroffer is appropriate, including the reasons behind your general damages demands..