A demand letter states a claim and makes a
demand
for restitution or performance of some obligation. The person making the demand is alleging a
legal wrong by the recipient of the letter.
The demand letter is a shot across the bow, a warning that the person
making the demand is prepared to proceed to litigation, if necessary. A demand
letter is not legally necessary, but provides the recipient or party at fault the
opportunity to examine and settle the claim informally or by submitting the
claim to an insurance provider, if one is available, without going through
expensive litigation.
Typically, a demand letter may have some or
all of the following sections, depending on the particular facts surrounding
the claim:
· Description of the Accident/Incident
· Discussion of Accident/Contract Liability
· Description of Personal injury/Property
damage
· Description of Veterinary/Medical treatments
· List of Veterinary/Medical Bills/Lost Income
Statements
· Injury Settlement Demand
The Animal Law Center, LLC (ALC) prepares
many demand letters for its clients seeking restitution for various
reasons. Most address veterinary
malpractice issues or contracts involving animals. But a demand letter may be useful in any
number of other situations.
A demand letter is only designed to push the
claim forward. Each demand letter closes with a date by which the recipient
must respond, either personally or through a representative such as an
insurance adjuster. What steps occur
following a failure to respond will depend on the particular
circumstances of each case and the client wishes.
A demand letter is not the same as a
complaint, which would be filed in a lawsuit, and it is seldom as specific or
detailed as is necessary when filing a lawsuit.
It is often more of a notice to the party believed responsible for the
loss, rather than an in-depth legal document.
It is quite common for the party receiving the demand letter to simply
send it to their insurance carrier, rather than respond directly.
While sending a demand letter is often
beneficial, it is not common for the party at fault or their insurance carrier
to simply pay or even negotiate regarding the demand. Instead, it is often only a first step in
trying to recover losses suffered by the claimant.