A demand letter is a letter that formally makes a demand of another party, often to initiate negotiations to resolve a dispute out of court. These letters often describe the injury or harm done to the injured party and the form of redress that is being requested.
This letter differs from a cease and desist letter in that it is not only telling someone to stop an alleged misconduct but can also be used to demand other actions be taken.
What if You Need to Send a Demand Letter?
Demand letters can be a useful tool in protecting your rights, opening negotiation, and resolving conflicts without litigation.
Circumstances That May Call for a Demand Letter
If you believe your rights have been violated, you can send a demand letter to the other party to address the following:
- Injuries: If you or someone you love was injured because of someone else’s negligence, then you can send a demand letter outlining what happened, how it happened, and what the responsible party needs to do about it.
- Violated court order: If there is a binding court order that is being violated, you can use a demand letter to help enforce compliance. For example, if you are not being paid despite a standing verdict on damages, your lawyer can use a demand letter to apply pressure.
What to Include in a Demand Letter
A demand letter should not be sent before a thorough investigation of the facts in your case. Your demand letter should make it clear to the recipient that there is concrete evidence demonstrating why they should follow through on your demand.
For instance, in the case of a car accident case, a demand letter will need to show that the other party is liable for your damages. This evidence could include details, such as witness testimony or other documentation of the incident.
You will also need to clearly lay out your harm, injuries, and losses that you faced because of the other party’s actions. This letter could include detailed information about the medical care you received for your injuries, a description of income you lost or will lose because of the injury, and other losses.
Steps for Sending a Demand Letter
If you would like to send a demand letter, you may not know where to start. A lawyer with our firm can review your situation, offer you advice, draft a letter on your behalf, and protect your rights.
Demand letters are useful tools as precursors to a lawsuit, but they are toothless if you can no longer follow through on a threat to proceed to litigation.
The statute of limitations may be running on your ability to file litigation (O.C.G.A. § 9-3-33). Although there are some exceptions to the statute of limitations, you generally only have two years from the time of an incident in which to file a legal action. We can give you a better idea of how the statute of limitations could impact your case after your free consultation.
For a free legal consultation, call 404-214-2001
If You Receive a Demand Letter
If you received a demand letter, you may feel threatened and uncertain. You may wonder what steps you should take to protect your rights and interests.
Understanding a Demand Letter
Demand letters, much like cease and desist letters, are not a notification of litigation. Just because you receive one of these letters, that does not mean you are already being sued or that you necessarily owe anyone any money.
Instead, the demand letter is a formal warning that outlines alleged misconduct or issues and then describes the sender’s demands for remedying the situation. Sometimes, the sender will demand that you stop a certain action, and other times they will want you to take action.
Usually, the demand letter will contain information that explains the complaint and its consequences. Often, the letter sender will be demanding money as compensation for what is outlined in the letter. As you read the letter, look out for the following:
- Monetary damages, like medical bills and lost wages
- Non-economic damages, like claims of pain and suffering
- The total amount the letter demands in compensation
Next Steps After Receiving a Demand Letter
Your next steps will depend on the specifics of your situation. You may want to do any of the following to resolve this conflict:
- Acquiesce to the letter’s demands
- Fight the sender via a lawsuit
- Enter negotiations to reach a compromise
No matter what you choose to do, it can be a good idea to reach out to our team to discuss the demand letter, your side of the story, and your options for proceeding. We can review your case but also can help you draft a response letter or take further legal action.
Get Your Free Consultation Today
Call Kaine Law today at (404) 214-2001 to receive your free consultation. We can tell you more about what a demand letter is and what you can do about it. Our injury lawyers have multiple decades of experience and we can use our experience for you.
Your time to act may be limited, so the sooner you reach out, the sooner we can get to work for you. Call now.