{ "media_type": "text", "post_content": "Are demand letters ever successful? I have like a 0% success rate with them but a 100% demand to sue rate. I would hope my reputation makes it clear I will sue.", "post_id": "61e93c58b7f31700348c9bea", "reply_count": 17, "vote_count": 7, "bowl_id": "552d1d24dc1c586b09d2d052", "bowl_name": "Law", "feed_type": "crowd" }

Are demand letters ever successful? I have like a 0% success rate with them but a 100% demand to sue rate. I would hope my reputation makes it clear I will sue.

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No

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Depends on whether you provide the carrier with all of the needed information. As defense counsel, I love ripping plaintiffs attorneys to shreds during a mediation when I pick apart their pre-suit demand and point out all the info that’s missing and have documentation that the carrier requested the info but counsel refused to provide it.

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They can be successful. It depends on a variety of things. How reasonable is the debtor and his counsel? How friendly is the underlying law? What do the contractual terms look like? I do some Landlord/Tenant practice in New Jersey. The laws tend to be tenant friendly. In security deposit cases, they allow double damages, attorney's fees, and some other enhancements, that encourage Landlords to settle.

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II laugh at them and generally skip to the ridiculous demand at the end. Then I read their version of the facts and begin an investigation. Short answer though is no, a demand letter. Is rarely successful unless I was not aware of an issue and then discover a bad situation. I generally don’t care if you’re going to sue me. It’s a cost of doing business and that’s why I have a job.

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Also, I’m mostly dealing with labor and employment

I don’t really have auto or premises cases or any cases under high six figure/low 7 figure value, but I rarely ever see demand letters. The plaintiffs lawyers just get all their experts/ducks in a row and sue your clients and serve discovery. They are 5 steps ahead and set the tempo

You would think that and to an extent you are right - the pi cases are just sort of cost of doing business. There will be insurance money for the PI case. But I’m actually comparing cases for the same self insured health care clients (revenues with way more than a few mill). It’s like everyone is just so angry about the little commercial spats.

No one is scared of your letter or cares about the attorney who sent it.

Only if you demand or plan on taking way less than your case is worth at trial

Oh that’s odd. I always get a response or respond myself, even if just to deny

A reasonable and well supported demand can be every effective. Itemize damages, include the law, apply facts to the law. Don’t embellish. If there’s a contract issue cite the provision that’s been violated. I’ve gotten results more than once by doing this. My honest opinion is that many lawyers don’t try to be problem solvers in pre-suit negotiations because billing a few hours to a demand letter is way less revenue than litigating a case to settlement or trial.

Just sent one out, so, please, yes. Please.

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