Thinking About a Demand Letter After Your Georgia Injury?

Our team can explain how a demand letter is handled in a claim like yours. An injured person, or a family member acting for them, can write and send one. Whether you need a lawyer depends on the facts, but this guide explains what a lawyer adds, where a self-written letter can go wrong, and what comes next.

The Short Answer: No Law Requires a Lawyer to Send a Demand Letter

The injured person can write it, and so can a family member acting for them. A demand letter asks the at-fault driver’s insurer to pay your claim and puts your account of the crash in writing.

Many people write their own letters. Many others ask a lawyer to write or review the letter first. That choice depends on how serious the injuries are, how much is in dispute, and how comfortable you feel dealing with an insurer. Asking for a lawyer’s help is a decision, not a requirement.

The sections below explain what a lawyer adds, so you can judge what fits your situation.

What Is a Demand Letter and What Is It Supposed to Do?

A demand letter is a written request for payment of an injury claim, usually sent before any lawsuit is filed. It usually goes to the at-fault driver’s liability insurer. Its purpose is to open settlement talks and to put the claim on record in writing.

A typical letter explains how the crash happened. It describes the injuries and treatment, lists medical bills and lost wages, states the amount you are asking for, and sets a date for a response.

Every part should match the medical records. An adjuster will compare the letter against those records. Any gap between the two gives the insurer a reason to push back.

When a lawyer at the firm writes and signs the letter, that lawyer’s name and responsibility sit on it. That is the main difference people mean when they ask what a demand letter from your lawyer is. The wording can look much the same. The signer and the accountability are what change. The letter is a starting point, not the end of the claim.

Who Can Send a Demand Letter, and How the Two Versions Differ

Anyone acting for the injured person can send a demand letter. The insurer reads each version as a written claim. The real differences lie in the detail, the framing, and who answers for each statement.

A self-written letter often leaves out items the writer does not know to include. Future medical care, the full list of lost income, and the insurer’s own coverage terms are common examples. A lawyer’s letter is built from the full file.

A lawyer’s signature does not make a demand binding. It does not settle the claim by itself. The insurer still has to respond, and it does not have to accept the amount you ask for. An agreement is final only when both sides accept its terms.

Whichever version you send, treat it as a claim document. Assume the insurer will quote each sentence back to you later.

What a Lawyer Adds to a Georgia Demand Letter

A lawyer adds a review of the records, bills, and timeline before any number goes out. Georgia’s damages rules shape what that number can include, so this review matters.

Georgia limits medical expense claims to the reasonable value of medically necessary care. The judge or jury decides that amount (O.C.G.A. § 51-12-1.1).

General damages are those the law presumes to flow from the wrong. They need no proof of amount. Special damages actually flow from the wrong, and they must be proved (O.C.G.A. § 51-12-2).

Future losses can be reduced to present value. The judge or jury may use a 5 percent discount rate or another rate it considers appropriate (O.C.G.A. § 51-12-13).

Whether Medicare was involved in paying for care after a crash is a question our team can review with you during a free, confidential consultation. The CMS attorney services guidance explains how that process works.

Timing matters too. Georgia generally allows two years after the right of action accrues to bring an action for injuries to the person, but loss of consortium actions must be brought within four years after the right of action accrues (O.C.G.A. § 9-3-33).

Where a Self-Written Demand Letter Can Backfire

Most letters that cause trouble do so because of a few avoidable mistakes. Common ones include admitting fault, describing injuries too lightly or too strongly, and sending a number before the medical picture is clear.

Fault matters under Georgia’s modified comparative-fault rule. The judge reduces damages in proportion to your percentage of fault. If you are 50 percent or more responsible, you recover no damages (O.C.G.A. § 51-12-33). A letter that describes the crash carelessly can hand the insurer a fault argument.

Fault can also fall on people who are not parties to the suit. The court also considers the share of nonparties: the trier of fact must consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether they were, or could have been, named as a party to the suit. A nonparty’s fault is considered in particular if you entered into a settlement agreement with them or if a defending party gives notice not later than 120 days prior to the date of trial that they were wholly or partially at fault (O.C.G.A. § 51-12-33). Your letter should describe the crash accurately and avoid guessing at blame.

Statements to an insurer can also be used later. Think before you give a recorded statement or write a detailed account.

Check your own coverage before you name a number. Georgia law sets rules for uninsured motorist coverage in auto policies (O.C.G.A. § 33-7-11). Missing that point can mean a second source of recovery goes unused.

What Happens After the Demand Letter Is Sent

After a letter goes out, the insurer usually does one of four things. It acknowledges the letter, asks for more records, makes an offer, or rejects the demand. Negotiation can follow over several rounds.

If talks do not resolve the claim, a lawsuit may be filed before the deadline. The case then moves through court procedures set by the court where it is filed.

The firm handles personal injury claims on a no-fee-unless-we-win basis. The client may still be responsible for court costs and case expenses, whether or not the case is won.

How much does it cost to file a lawsuit?

Filing fees, service of process, and other case expenses are separate from attorney fees. Their amounts vary by court and by case.

What to Gather and What to Share Before Deciding

Gather the items that show what happened and what it cost. Start with the police report number, photos of the scene and vehicles, medical records and bills, and the other driver’s insurance information.

Add employer wage information, pay stubs, and a daily log of symptoms and missed work. Keep receipts for prescriptions and mileage to appointments. These records give any letter its numbers.

Read every form from an insurer carefully before you sign anything.

What not to tell the attorney?

Be honest and complete. A lawyer can protect your claim only with accurate facts. Tell your lawyer about prior injuries, prior claims, and anything you are unsure about. The firm’s free first consultation is confidential, so you can speak openly.

Talk Through Your Demand Letter With T. Madden & Associates, P.C.

Pain, paperwork, and an insurer’s calls are hard enough after a crash. Deciding whether your letter should come from a lawyer is one more choice on top of that.

If you are weighing that choice now, the firm will talk it through with you before any letter is sent. You can start a free case evaluation with the firm. The first consultation is free, confidential, and carries no obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).

This page is published by T. Madden & Associates, P.C. The responsible lawyer is Terance Madden, who has practiced since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. Contact details are at https://www.tmaddenlaw.com/contact/.

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