How much should I claim in my auto accident demand letter?
Question Details: I'm writing a demand letter for medical expenses and lost wages for a car accident I was in other driver was at-fault. I've been advised to demand more than the base expenses for negotiating room, but I'm not sure how much to demand.
Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the nature of your injuries and the medical treatment you received.
If you have fully recovered from your injuries, I would ask for quadruple the medical bills to compensate for pain and suffering. If you have residual complaints after completing your medical treatment, ask for more. Don't expect to get those figures. The insurance company for the at-fault party will respond with much lower figures. You can continue negotiating to try for a better offer from that insurance carrier. If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.