Posted on 10/13/25
Before your Buffalo personal injury case goes into formal litigation, your attorney may send a meticulously crafted demand letter to try to resolve your claim before trial. This carefully drafted document serves to officially inform the negligent party and their insurer that you are seeking monetary compensation and are prepared to take legal action. A strategic demand letter can be the single most effective tool for achieving an early, favorable settlement and potentially help avoid the cost and stress of a full lawsuit.
Parts of a Strategic Demand Letter
A successful demand letter begins as far more than just a request for compensation. A demand letter is a persuasive document establishing the basis of your claim. It provides strategic evidence and justification of your requested settlement and demonstrates your ability to take the case to trial if necessary. The standard parts of a demand letter are:
- Case Identification and Foundation: Beginning the letter, your attorney will state the purpose of the document and identify the parties involved. It will lay out the basis of the case, including the details of the incident and the assertion that the defendant or their insurance company is responsible for the damages.
- Strategic Evidence and Liability: This section will go into further detail, focusing on building a case for the defendant’s negligence and how that caused the plaintiff’s injury. Evidence, such as a police report, witness statements, and photos, may be used to back up these claims.
- Damages: The core of the letter will outline a comprehensive overview of the economic and non-economic damages backed by physical documents like receipts, expert testimony, and other strategic pieces showing the impact the injury had on the plaintiff’s life.
- Settlement Demand: The letter ends by strongly reiterating the request for the full compensatory amount, accompanied by a firm deadline for a response. This creates pressure on the insurance company to negotiate promptly.
An experienced wrongful death attorney in Buffalo will balance the force of a strategic, evidence-backed demand letter with a respectful tone, maximizing the chance of a productive negotiation.
What to Expect After Delivering a Demand Letter
Once the defendant or their insurance company receives your demand letter, there are a few outcomes that could happen. In the best-case scenario, they may agree to the full settlement amount and begin the process of sending a payout, resolving the matter quickly and without litigation.
However, the more likely outcome is that a counteroffer will be made. In this case, the insurance company will acknowledge some amount of liability but offer a lower settlement amount. This signals a willingness to negotiate with the goal of avoiding a court trial in the Buffalo accident case. The next step will be for your attorney to review their offer, either accepting or rejecting it with a counterproposal.
In the case that the demand letter is entirely refused, the defendant may deny any and all liability for the accident, refusing to pay any amount. Your attorney will typically advise you to formally file a lawsuit to start the civil litigation process and take your case to court.
Get Help With Your Claim and Demand Letter Today
Attempting to write a demand letter on your own can significantly undervalue your claim, and situations like this rarely achieve the maximum settlement value a case could be worth. If you have been injured in an accident and need to initiate a claim, consult with experienced legal counsel immediately. At Towey Law PLLC, we can help you write and submit your thorough, strategic demand letter to maximize your claim.