Visitor Question

Personal Injury Demand Letter or Lawsuit?

Submitted By: Anonymous

I wrote a demand letter to the insurance company but the adjuster replied and told me I need to file a lawsuit also. Isn’t a demand letter an easier way of settling a claim instead of hiring a lawyer to file a lawsuit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Submitting a demand letter is the most cost effective and often easiest way to get a case settled. However, every state has a statute of limitations. This is the time within which a party must file suit or they will lose their ability to settle their case.

Filing the suit is called “protecting” the statute and I would guess that the adjuster is merely advising you that you must file a suit by a certain date. The adjuster is required to tell you this, particularly as that date draws close.

So even though you are negotiating, if it gets close to your statute of limitations running out, you will need to file suit and pay the fee (unless you qualify for a fee waiver) in order to protect your right to settle the case.

If you wait and do not file, the adjuster can rightfully tell you that the statute of limitations has run out and you are barred from accepting a settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 9, 2010

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