Injuries happen all over Texas every day for several reasons. Some people slip and fall, while others are involved in car accidents. Some may be victims of medical malpractice, while others may sustain injuries due to defective products or equipment.
You can file a compensation claim if any of these scenarios apply to you.
When you file a personal injury claim, you take the first step toward obtaining the compensation you need to cover your losses and expenses resulting from your injuries.
In Texas, your first move should be to create a demand letter and send it to the at-fault party’s insurance company. Your demand letter will detail the accident or incident by listing your injuries, subsequent medical bills, loss of income, and other damages. In other words, it should contain all facts surrounding your personal injury claim.
When you send a demand letter, you expect the insurer to review your case and offer a fair settlement.
Why Send a Demand Letter?
A demand letter is nothing more than a written request for compensation. You can write the letter yourself or ask a lawyer to write it.
If you decide to write it yourself, it is important not to leave any facts out. In addition to explaining the incident and your injuries, you must include the following:
- The date and location of the incident
- How much you have lost because of your injuries, such as medical records and doctor’s bills to prove your losses
- Witness statements
- Photos of the accident scene and your injuries
The demand letter provides an opportunity to share your account of the accident. It will set the tone for negotiations, so having a lawyer write it is best. The stronger your demand letter, the better the chance of a fair and fast settlement.
What If the Insurance Company Ignores Your Letter?
Unfortunately, sending a demand letter does not guarantee the insurer will respond. You may expect a phone call or email that never comes.
It is normal to feel worried if you do not receive a response within a reasonable timeframe. However, it is essential not to jump to conclusions immediately. If the insurer ignores your letter, it may mean one of several things.
The insurer may require additional time to review your claim and determine a fair settlement offer.
The insurer may also be waiting for additional documents to support the claim.
It is also true that in some cases, the insurer will simply ignore a case, hoping the claimant will withdraw their claim. If you continue to follow up, the insurer may respond with a lowball offer. They may also try to pressure you into accepting this offer.
Remember that Texas law does not require insurers to respond to demand letters immediately, but they must handle your claim fairly.
If the insurer does not respond to your letter, it may be a sign that the company is acting in bad faith.
What to Do If the Insurer Ignores Your Letter
Consult a personal injury lawyer to determine the expected timeframe for a response to a demand letter. If you do not get a response within this time, follow up with a phone call.
Confirm whether the insurer received your letter. If the letter was received, ask about the date and time it was received.
Throughout the phone call, you should use a friendly but firm tone. Remember to note the name of the person you speak to.
Send a follow-up letter if there is no response after the phone call. Remind the insurer about your original demand letter and restate your claim.
You can also request that the insurer respond to the second letter within a specified timeframe, typically 30 days.
If the insurer fails to respond to your request, consider consulting your lawyer.
The lawyer will send a follow-up letter on your behalf. They may also suggest filing a lawsuit against the insurer if the company ignores your claim.
What Are Your Legal Options?
Texas law protects the rights of personal injury victims. You have legal options available to you, including the lawsuit mentioned above.
When you file a lawsuit, a court reviews your case. A judge can also order the insurance company to compensate you if your claim is valid.
In many cases, the added pressure of an impending lawsuit may spur the insurer to start negotiations.
Under certain circumstances, you may also file a bad faith claim against the insurance company. If you prove that the insurer acted in bad faith, you may be entitled to additional damages on top of your original claim.
Why You Should Act Quickly
Once it becomes clear that your demand letter is being ignored, you must act fast.
An unanswered demand letter will only delay your settlement, causing financial and emotional stress. Your medical bills and other expenses will keep piling up as you await a response. This will also result in more frustration for you as you try to deal with the silence from the insurance company.
Moreover, delays hurt everyone involved in your personal injury case. Your recovery will slow down, and your family will suffer along with you as a result of the financial stress.
So, if you need to file a lawsuit sooner than planned, do it. Filing a lawsuit when it becomes apparent that you are being ignored is the best way to preserve the evidence in your case. At this point, you can still access all the necessary documents to support your lawsuit.
On the other hand, the more time passes, the less likely you will be able to access these documents or collect more evidence.
See Your Case Through to the End
While chasing the insurer for a response may take time and effort, do not give up halfway. Standing up for your rights is crucial to ensure you receive the compensation you are entitled to.
With the help of your lawyer, you can take control of your personal injury case today to secure a better outcome tomorrow.
