For those of us unaccustomed to dealing with the law on a daily basis, getting an unexpected legal document can be extremely stressful. This is why, here at Taylor Day, we work extremely hard to make sure our insureds understand the process they are going through. The insureds are given every opportunity to comply with a claimant’s Demand, but are also supported and made to feel heard, understood, and supported through the process. Not only are we called attorneys, but we are also referred to as “counselor” – this is the time to utilize all the empathy, advocacy, and kindness that comes with that weighty title.
Typically, the pre-suit process begins when a claimant, often the other driver involved in an accident with our insured, retains an attorney to review their claim. After review, the Plaintiff’s attorney will often send what is called a “Demand Letter” to our client insurance company. The Demand Letter outlines how our insured’s alleged negligence caused injury, pain and suffering to the claimant, and that a lawsuit could be filed. These Demand Letters often request the insured’s policy limits, and sometimes request that the insured fill out documentation about themselves. Some Demand Letters even request a personal contribution from the insured themselves. If the insurance company and the insured comply with the requests of the Demand Letter, the claimant has the opportunity to release our insured of liability, and no lawsuit will be filed. Of course, this is our ultimate goal!
As insurance defense attorneys, these demand letters are commonplace. But for the insured, this may be the first time they have heard of a “Demand Letter”. Further, requests from a Plaintiff’s firm, accompanied by discussion of a lawsuit, causes many people’s anxiety to spike. At this time, when speaking to an insured, it is very important to make sure the insured knows that they are supported with our legal knowledge and that we are there to help them through the process. They do not have to do this alone! An insured may be nervous, saddened, or even angered by the claimant’s requests – all of these responses are very normal. Instead of trying to avoid the insured’s emotional state, now is the time to be ready to listen and support the insured, whether that may be empathizing with an insured’s many worries, or helping them to understand the legal process that takes place, step by step. It is also important to remember that many insureds have had little to no experience with the law. I recommend starting with the very basics when an insured is very concerned – such as explaining the difference between a civil legal matter and a criminal legal matter. When it comes to “Demand Letters” from Plaintiff’s attorneys, remind the insured that this is part of the civil system – no one has to worry about going to jail!
Finally, an important way to help an insured feel supported during this stressful time is to underscore that we, as insurance defense attorneys, are there to help them, and are retained to represent them. In the end, we want to protect them from a lawsuit, while also protecting their mental and emotional state if we possibly can. Working together with the insured, we can help them maneuver through this difficult time with knowledge, experience, and compassion. And hopefully, after it is all said and done, they will receive a release and be able to put this difficult time behind them.