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Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about California personal injury demand letters. The initiation of settling cases involves dispatching a settlement demand letter to the insurance company, guided by CCP Section 999’s specifications for an effective policy limit settlement demand. The primary objective is to attain the highest compensation possible for clients, often aligning with the policy limit.
The demand letter comprehensively presents crucial details, including the loss date and location, names of the claimant and respondent, accident specifics, liability considerations, violated laws (according to the attorney’s opinion), and the rationale for holding the respondent accountable. Significantly, it furnishes the insurance company with a detailed understanding of the damages, covering injuries, medical treatments, reports, billing, out-of-pocket expenses, lost earnings, and the overall impact on the client’s quality of life, encompassing pain, suffering, and emotional distress.
Collaborating with clients, the attorney ensures the settlement demand is meticulously prepared, underscoring the importance of client feedback. The letter, accompanied by an extensive packet comprising photos, evidence, collision reports, recorded statements, witness statements, dashcam footage, and pertinent materials, is then transmitted to the insurance company. A 30-day window is provided for the company to assess and determine whether to comply with the demand.
In numerous instances, policy limit settlements are successfully negotiated within this timeframe. However, when faced with attempts by the insurance company to prolong or contest the process, legal action is pursued through the filing of a lawsuit, seeking resolution in a court of law.