What Information or Documentation Is Needed Before Preparing and Sending a Demand Letter in a North Carolina Personal Injury Case?
What Information or Documentation Is Needed Before Preparing and Sending a Personal Injury Demand Letter in North Carolina?
Quick Answer
Gather every document that proves liability, damages, and insurance coverage before you draft a demand letter. Think police reports, photos, medical records, bills, wage proofs, and insurance policy details. When you back your claim with organized evidence, insurers take your demand seriously, negotiations move faster, and you avoid costly mistakes.
Detailed Answer
Below is a step-by-step checklist of the information and documentation an injured person (or lawyer) should compile prior to preparing a demand letter under North Carolina law.
1. Proof of Liability
Accident/Incident Reports. For crashes, obtain the official DMV-349 police report. For premises cases, secure incident reports from the property owner.
Photographs & Videos. Scene photos, vehicle damage, skid marks, surveillance footage, or body-cam footage.
Witness Statements. Written or recorded statements that place fault on the at-fault party (important because North Carolina’s strict contributory negligence rule bars recovery if you are even 1% at fault).
Traffic Citations & Criminal Records. Copies of any citations or criminal convictions related to the incident.
2. Proof of Damages
Medical Records & Bills. Hospital charts, EMS run sheets, physician notes, X-ray/MRI reports, and every invoice. Itemize to show dates of service, CPT codes, and outstanding balances. North Carolina allows recovery of amounts actually paid or owed—not chargemaster rates—per N.C. Gen. Stat.§ 8-58.1.
Future Medical Needs. Physician narrative letters estimating future treatment frequency and cost.
Lost Wages & Loss of Earning Capacity. Employer wage verification, tax returns, pay stubs, or 1099s. Include a medical work-note tying missed days to the injury.
Pain, Suffering, and Permanent Impairment. Photographs of injuries, diary entries, and impairment ratings (AMA Guides) from treating doctors.
Property Damage Estimates. Repair bills or total-loss valuations.
3. Insurance Coverage Information
At-Fault Driver/Defendant’s Policy. Request coverage limits under N.C. Gen. Stat.§ 58-3-33 (pre-suit coverage disclosure).
Declarations Pages. Your own auto, homeowners, or umbrella policies for Med-Pay, UM, or UIM benefits (N.C. Gen. Stat.§ 20-279.21).
Letters of Representation. Any correspondence from insurers confirming claim numbers and adjuster contacts.
4. Statute of Limitations Verification
Confirm you are within North Carolina’s three-year statute of limitations for personal injury (N.C. Gen. Stat.§ 1-52(16)). Calendar the exact expiration date before drafting the letter.
5. Lien & Subrogation Interests
Medicaid, Medicare, ERISA, or Health Insurer Liens. Obtain conditional payment summaries or lien notices.
Hospital or Physician Liens. Hospitals may file liens under N.C. Gen. Stat.§ 44-49 and § 44-50.
6. Client Authority & Goals
Settlement Range. Discuss the minimum acceptable figure with the client.
Outstanding Medical Balances. Confirm how proceeds will satisfy liens and bills.
Future Litigation Strategy. Evaluate willingness to file suit if negotiations stall.
Organizing the Demand Package
Create a master index (table of contents).
Group documents: liability proof, medical evidence, wage loss, liens.
Paginate every page so the adjuster can reference quickly.
Include a clear settlement figure, deadline (usually 30 days), and method of payment.
Contributory Negligence: anticipate and rebut any fault arguments.
Collateral-Source Rule Exceptions: North Carolina limits evidence of paid amounts (N.C. Gen. Stat. § 8-58.1).
Helpful Hints
Order Records Early. Hospitals can take 30–45 days to respond.
Check Accuracy. Review medical bills for coding errors that inflate amounts.
Mind Deadlines. Send the demand at least 90 days before the statute of limitations to allow room for negotiations.
Document Everything. Keep a claim diary noting every phone call, email, or letter to the adjuster.
Stay Professional. A concise, respectful tone encourages a faster response.
Take the Next Step
Collecting the right documents before drafting a demand letter strengthens your claim, speeds up settlement, and protects you from North Carolina’s strict contributory negligence rules. Our personal injury attorneys have years of experience assembling airtight demand packages and negotiating with insurers. Let us shoulder the paperwork and fight for the compensation you deserve. Call us today at 919-313-2737 for a free consultation.
