Qué Es una Carta de Demanda y Por Qué Es Importante

A strong demand letter covers several key areas. Each section serves a specific purpose in persuading the insurance company to pay fair compensation.

Factual Summary of the Accident

The letter begins with a clear, detailed account of how the accident happened. This section identifies the date, time, and location of the accident, the parties involved, the specific acts of negligence committed by the at-fault driver, and any applicable traffic law violations. The goal is to establish liability quickly and decisively, leaving the insurance company with little room to dispute fault.

Liability Analysis

This section applies Texas law to the facts and explains why the at-fault driver is legally responsible for your injuries. It may reference specific provisions of the Texas Transportation Code, prior court decisions, and any relevant evidence such as police reports, witness statements, or traffic camera footage.

In cases where the insurance company may argue comparative fault, the demand letter addresses those arguments head-on and explains why the at-fault driver bears the primary responsibility.

Medical Treatment Summary

The demand letter includes a comprehensive summary of every medical provider you saw, every diagnosis you received, every procedure or treatment you underwent, and the total cost of your medical care. This section is supported by attached medical records and billing statements.

For injuries requiring future medical treatment, the letter includes projections from your treating physicians about the expected cost of ongoing care. This is especially important in cases involving surgery, chronic pain management, or permanent impairment.

Documentation of Lost Wages and Earning Capacity

If the accident caused you to miss work, the demand letter documents your lost wages with pay stubs, tax returns, and employer verification letters. If your injuries have affected your ability to earn income in the future, the letter may include an economic analysis from a vocational expert or economist projecting your loss of earning capacity over your remaining work life.

Pain and Suffering and Other Non-Economic Damages

Texas law allows you to recover compensation for physical pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement or physical impairment. The demand letter describes how the accident has affected your daily life, your relationships, your ability to participate in activities you once enjoyed, and your emotional well-being.

This section often includes specific examples drawn from your deposition testimony, your medical records, and statements from family members and friends. The goal is to paint a vivid picture of the human cost of the accident, beyond the dollar amounts of medical bills and lost wages.

The Demand Amount

The letter concludes with a specific dollar figure representing the total compensation you are seeking. This amount is based on your documented economic damages, your projected future damages, and a fair valuation of your non-economic losses.

The demand amount is not arbitrary. It is calculated based on the evidence assembled during the case and your attorney's experience with similar cases in Texas courts. It also accounts for the strengths and weaknesses of your case, the insurance policy limits, and the likely range of jury verdicts in your jurisdiction.