How much should I claim in my auto accident demand letter?

UPDATED: Oct 1, 2022

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How much should I claim in my auto accident demand letter?

I’m writing a demand letter for medical expenses and lost wages for a car
accident I was in other driver was at-fault. I’ve been advised to demand more
than the base expenses for negotiating room, but I’m not sure how much to

Asked on April 10, 2019 under Accident Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports. 
There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the nature of your injuries and the medical treatment you received.
If you have fully recovered from your injuries, I would ask for quadruple the medical bills to compensate for pain and suffering. If you have residual complaints after completing your medical treatment, ask for more. Don't expect to get those figures. The insurance company for the at-fault party will respond with much lower figures. You can continue negotiating to try for a better offer from that insurance carrier. If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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