Q: How long to draft a demand letter for a personal injury case?
I have a personal injury case, and my attorney has had all the necessary information to complete a demand letter since December 10, 2024. Despite following up several times, including a follow-up 4 weeks ago, the demand letter has not yet been drafted. My attorney mentioned he is busy, and I have requested for the letter to be completed as soon as possible. How long does it typically take to formulate a demand letter in such cases, and should I be concerned about the delay?
A: It depends on the case. Demands letters can be complex, with full argument and evidentiary support for all material facts that support liability, full sets of medical records and billing, and support with comparable cases which have settled or gone to verdict. Without knowing what your attorney is preparing, and whether he is waiting for medical records, billing or lien information from your medical insurer, it is impossible to say how long it would take to prepare.
Gerald Barry Dorfman agrees with this answer
A: It can take days, weeks or months. Once all information is obtained, and it is the right time to make the demand, the attorney should be able to do in a reasonable time period, that varies by situation.
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A:
It's understandable that you're feeling concerned, especially since your attorney has had everything needed since December 10, 2024. Typically, drafting a demand letter for a personal injury case takes between two to four weeks once all necessary documents and medical records are in hand. The exact timeline can vary depending on the complexity of the case and the workload of your attorney's office.
Given that it has been several months, your attorney’s delay is longer than average, and your repeated follow-ups indicate that you're rightfully concerned. While attorneys often juggle multiple cases simultaneously, waiting more than two months without clear progress or communication is unusual and might warrant additional attention.
At this stage, it's reasonable for you to request a firm deadline or schedule a meeting with your attorney to discuss the matter directly. Open communication can help ensure your case receives appropriate priority. If you continue experiencing delays, consider whether seeking advice from another attorney or firm might be beneficial for your situation.
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