why would an attorney file a lawsuit without first sending a demand letter

When using an attorney, it is far cheaper to send a demand letter than it is to file a legal complaint and proceed with a lawsuit. Even if an attorney is not involved, far less time and effort are required to send a demand letter than to file a lawsuit. When to Hire a Lawyer

Full Answer

Why is a demand letter written by an attorney?

That’s often why it’s written by an attorney because you want to be very careful about what is said in a demand letter.

What happens if you don't respond to a demand letter?

Some people think if they don’t respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court. And courts may not look favorably on those who simply ignore demand letters.

What does a demand letter mean?

1. A demand letter shows the other party you’re serious. 2. A demand letter is generally seen by the court as a sign of good faith. 3. The information in a demand letter may be used against you. 4. Sending a demand letter can save you money and time in the long run. 5.

Why do businesses send demand letters?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution , but they can also be used to demand specific actions.

Why do we need demand letters?

They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.

How long does it take to settle a lawsuit?

A lawsuit often takes months, if not years. Fifth, don’t ignore a demand letter.

Do you have to write a demand letter to an attorney?

A demand letter does not have to be written by an attorney but a letter coming from a law firm is generally taken more seriously and will provide the protections listed above. 5. Never ignore a demand letter. If you receive one, contact your attorney immediately.

Are You Required To Write a Demand Letter Before a Lawsuit?

Some courts mandate you to send a demand letter before filing a lawsuit. If your state laws do not require you to do it, you should consider sending one since:

Why Is Writing a Demand Letter Before a Lawsuit Effective?

The following table shows you why a well-drafted demand letter could be beneficial for your case:

A Sample Letter of Intent To Sue for a Breach of Contract

To ensure your demand letter covers all necessary aspects, you can use the following as your checklist:

How To Create a Demand Letter Before a Lawsuit

To prepare your demand letter, you could use the options presented in the following table:

DoNotPay Creates Watertight Demand Letters

If the breaching party does not reply or refuses to honor their commitments, DoNotPay can help you sue in small claims court.

Learn About State-Specific Breach of Contract Procedures

You will find the following table useful if you would like to explore breach of contract regulations across the U.S.:

Get the Upper Hand With DoNotPay

The business world is extremely competitive—that is why it is always good to have some extra capital set aside when you need to invest in your company. You can leave the bureaucratic task to us—DoNotPay will draw up business loan request letters in your stead.

What to do if a demand letter is unsuccessful?

If the letter turns out to be unsuccessful, and you need to take the dispute to court , you may be able to show the demand letter to the judge as background on the facts.

What happens if you insult someone in a demand letter?

If you insult them or use disparaging language about their actions, they may be less willing to heed your demands or reach a compromise. The purpose of a demand letter is not to vent your emotions but instead to rationally persuade the other party that it makes sense to comply with your demands.

What to do if the other side doesn't agree to your demands?

Even if the other side does not agree to all of your demands, sending a demand letter may be the first step in working out a compromise that is acceptable to both sides. If you get most but not all of what you want, going through litigation in pursuit of your remaining goals may not be worth the time and effort, ...

What is demand letter?

A demand letter can motivate the other party to take you seriously. Sometimes another person who owes you a debt or who is infringing on your rights may believe that you will not stand up for yourself. Writing a strong demand letter and threatening to file a lawsuit or go to small claims court can change that impression.

How to resolve a dispute without going to court?

Often, you can resolve a dispute without going to court by simply sending a demand letter to the opposing party. You can use a demand letter to ask someone to pay compensation for causing you physical or financial harm. Or you can use a demand letter to ask someone to do or stop doing something that affects your legal rights.

What happens if a demand letter does not produce results?

If the demand letter does not produce results, a lawsuit can then be contemplated.

What happens after a demand letter is sent?

After a demand letter has been sent and does not result in a satisfactory response, an individual may file a lawsuit with the court in the hopes that the court will award a judgment against the other party. In most states, a lawsuit begins with a complaint describing the issue, to which the other party must respond.

What is the purpose of a demand letter?

The purpose of a demand letter is to formally demand payment, and to let the recipient know the seriousness of the matter and that failure to make payment will result in legal action or collections. A demand letter describes why payment is owed and makes clear that ignoring the issue is not advisable. A successful demand letter is able to convince the other party that the easiest and cheapest resolution would be to pay its debt, or at least enter into negotiations.

Is it cheaper to send a demand letter than to file a lawsuit?

When using an attorney, it is far cheaper to send a demand letter than it is to file a legal complaint and proceed with a lawsuit. Even if an attorney is not involved, far less time and effort are required to send a demand letter than to file a lawsuit.

Is it better to hire an attorney or write a demand letter?

While hiring an attorney will add significantly to the cost of writing a demand letter or filing a lawsuit, there are also significant advantages to having a lawyer involved. Lawyers have experience writing demand letters, and will know how to target a letter to maximize the chances of getting a satisfactory response.

Who should a demand letter be addressed to?

The demand letter must be addressed to the correct person or company. It typically takes time and research to obtain this information. A company may have a specific legal department that receives demand letters and other legal documents.

What is a demand letter for personal injury?

In the legal profession, drafting a strong personal injury demand letter is sometimes seen as an art form. It takes good writing skills, attention to detail, knowledge of each injury, and a certain level of restraint.

What is a demand letter?

A demand letter is used to settle a personal injury case, usually before filing a lawsuit in court. The demand letter explains how the recipient of the letter (or the recipient's insured) is at-fault, explains the damages and injuries sustained, and demands compensation. In the legal profession, drafting a strong personal injury demand letter is ...

Why is it difficult to calculate damages?

A failure to calculate damages may be caused by incomplete medical records. The injured person may be anxious to receive payment, and may end up writing a premature demand letter. In order to get the most compensation, you should request and obtain all medical records related to your injuries. It may take extra time to obtain medical records, ...

Do insurance companies accept initial offers?

Many insurance companies will make very low initial offers and your initial offer should be higher than you expect to or are willing to accept. It is very rare for an insurance company to accept your initial offer in a demand letter.

Do you have to sue after all?

You May Need To Sue After All. Sometimes, no matter how well-crafted your arguments and reasonable your demand, you won't have a choice but to file a lawsuit and take your case to court. Often, filing a lawsuit is the catalyst needed to get the defendant to make a serious settlement offer.

Can a demand letter be taken seriously?

However, a demand letter should not claim outrageous and unwarranted damages or excessive emotional damages and pain and suffering. Such demand letters will not be taken seriously and may hinder future negotiations. As a general practice though, it is advisable to seek more compensation than you are willing to accept.

Jonathan Alexander Karon

You should certainly be able to get a copy of the letter. Also, the decision to settle your case, and for what amount, is yours to make so your lawyer should be discussing the amount of the demand with you in advance of making a demand.

Gilbert Richard Hoy Jr

This is not normal or appropriate behavior. You should be able to talk with your attorney on the telephone. He has an absolute obligation to give you a copy of that demand letter. He should have already had a conversation with you about what he was going to demand and what you wanted by way of a settlement.

Susan D Sachs

You have every right to see anything and everything in your file. This sounds like a fundamental lack of understanding of the attorney client relationship - by your attorney. If he has a problem with your requests, think hard about getting someone else to represent you. This seems pretty early on to start having problems with representation.

James F. Boudreau Jr

I don' t usually share the settlement demand figure with my clients unless they ask. It doesn't mean much until the initial offer from the insurance company is received.

Neil Patrick Crowley

I don't practice in MA, but in AZ this would be unusual and unethical.

Christian K. Lassen II

this is not unusual. when a client sees a demand letter, they take the demand seriously, and then start believing the claim is worth a lot more than it actually is. if a client asked me to give them a copy of any document, i would turn it over immediately, but, as a matter pf course, i dont send the client a copy without them asking for it,

Brian Lipkin

It isn't that strange. I usually demand policy limits when I send out a demand, and I don't mind sharing the information with my client. Some clients are unreasonable and my have a minor injury that they think is worth a million dollars. this is probably the reason your attorney does not share the information with you, but he should

Why do plaintiffs write demand letters?

Plaintiffs write demand letters to state the harm that has been caused by the defendant, what relief the defendant wants, and that they intend to take the case to court. 1 . Although an attorney often writes the demand letter, you can also do it yourself in several cases: If you want to sue someone in small claims court.

How to avoid a lawsuit?

One way to avoid a costly and time-consuming lawsuit is to present a demand letter to the other party, as a way to start a discussion. You might want to consider mediation with a trained mediator to help you work out the issue. The demand letter can help both parties focus on the main issue.

What to do when you are ready to sue someone?

You are ready to sue someone, but you aren't sure what to do first. Even if you have an attorney, writing a demand letter is a great first step.

How to write a letter to a court?

Include in the letter: 1 Your full name and address 2 The description of the unfair or deceptive act or practice, with dates and details, including any law you believe has been broken 3 The injury you suffered, in measurable terms, including loss of money, damage to something you own, or being the victim of an unfair practice 4 Your demand for relief, including the money you want 5 When and how the other party must respond 2 

What to include in a letter to a company that has not done work?

Include in the letter: Your full name and address. The description of the unfair or deceptive act or practice, with dates and details, including any law you believe has been broken.

Can I send a letter to the court before a lawsuit?

If you are sending it yourself before the lawsuit begins, you may want to get a confirmation of receipt from the post office. You can also pay the court to deliver the letter in person, requiring the person to sign that it was received.

Can a small claims judge read a demand letter?

A small claims court judge reading your demand letter is more likely to award you money if you can include information about letters you sent and when invoices were sent and how (email or snail mail, for example). If you hired someone to do work and they haven't done it, you will need to show that the work wasn't done.