The pre-action letter or letter before action is the most important component of the insurance claim negotiation process. In it, a person filing an accident injury compensation claim can present their strongest arguments to the insurance companies.
These arguments can discuss:
– The claimant’s injuries
– The reason the other party is legally responsible for the claimant’s injuries
– The claimant’s medical treatments and their corresponding costs
– The claimant’s income loss
– Other damages the claimant suffered
– The right of the claimant to make an accident personal injury compensation claim against another person under no-fault automobile insurance, if applicable
How to Write a Pre-Action Letter
Before writing a pre-action letter, review the notes from the period following the accident to remind yourself of the details. Take note of the pain, discomfort, inconvenience, disruption of life, and medical treatment you experienced.
When writing a pre-action letter, concentrate on the following elements:
Describe the accident and the reason the other party is at fault. Describe briefly how the accident occurred, where you were, and what you were doing before the accident.
Mention any outside support for your claim, such as police reports, building code sections, and eyewitness statements.
– Contributory Negligence
In most accidents, there’s some confusion about whether the claimant’s own negligence contributed to the accident. This is regardless of the other party being at fault primarily.
Raise this issue in the pre-action letter by denying that you were at fault.
Even if you do believe that you may have been partially at fault for the accident, don’t admit any fault in the pre-action letter. It’s not your responsibility to make contributory negligence arguments for the insurance companies.
– Injuries and Treatments
Describe the injuries and treatments you received. Emphasize the pain you experienced, the length and difficulty of your recovery, and the negative effects of the injuries on your daily life. Mention any long-term or permanent injuries, especially if they’re disabling or disfiguring.
– Medical Expenses and Lost Income
Include the complete list of the medical providers you received treatment from, and the corresponding costs of each treatment. State briefly the amount of time you missed from work due to the injuries. Refer to any letter you received from your employer concerning your pay and missed time from work.
Claiming compensation for accident injuries from insurance companies can be complicated and tedious. Knowing how to write a pre-action letter properly can make things easier. To learn more about it, contact local personal injury lawyers.