Not Too Early And Not Too Late: When To Send An Injury Demand Letter

Posted on: 17 June 2015


Did you know that there is a wrong and right time to send an injury demand letter? Sending your demand letter either too late or too soon can cost you a lot of money. If you consult an attorney, then he or she will probably tell you that this is because of the issue of:

Maximum Medical Improvement

Your demand letter should include a detailed description of your injuries and medical bills. You won't have this information immediately after an accident. For example, an initial examination may not reveal all of your injuries, and you may not even know whether you will fully recover.

Consider a case in which you sustain "minor" back injuries. The doctor gives you some pain medication, you send your demand letter, and receive a paltry settlement. Months after the settlement, further tests reveal that your injuries have left you with chronic back pain.

Therefore, you need to wait until your doctor discharges you. A physician will only discharge you if he or she believes that there is nothing more he or she can do for you. This is what is known as the point of maximum medical improvement.

Statute of Limitations

Whereas you should wait until you have all the facts pertaining to your treatment, you shouldn't wait for too long. Otherwise, the statute of limitations may expire, and you will lose the right to file a claim or lawsuit. The statute of limitations is the maximum time within which you are allowed to initiate a legal proceeding against a defendant.

The good news is that there are clear guidelines for the limitations for your injuries. You can also talk to your lawyer about the same.


Insurance companies are business, and like all businesses, they don't like to lose money. This means they will not consider your claim until they have all the relevant documents to review. This includes getting all the medical bills, treatment records, and proofs for all the damages you are claiming. Confirm that the adjuster has all these things before making your claim.

In short, you should wait until your point of maximum medical improvement and confirm that the adjuster has the necessary documentation before sending your demand letter. However, all these should happen before the statute of limitations expires. It shouldn't be too close to the expiry of the statute of limitations because the adjuster needs time to evaluate it and get back to you. You also need time to evaluate an offer (and counteroffers) before deciding whether to sue or not. For more questions, contact professional like those at Allison & Rickards, Attorneys at Law, LLC.