Attorney Letter of Representation
How to Draft a Representation Letter that Puts the Accident Victim in the Best Position Possible During Personal Injury Litigation
Personal injury claims involve a lot of paperwork.
And the letter of representation is one of the first papers you will see after hiring a law firm to recover money for damages suffered in a motor vehicle accident.
This website aims to give information about the legal system to accident victims, injured workers, and disabled adults. And to offer resources to fellow attorneys who stand for injured persons.
That is why this article offers a sample representation letter and explains how to draft this document to strengthen a personal injury victim’s claim before making a settlement demand or suing the defendant driver.
Often, we send other letters – including our retainer agreement (also called an engagement letter), a limited power of attorney, and a spoliation letter – to the insurance company when we let it know that you have counsel.
Keep reading to learn more about the personal injury process.
If you have questions about your claim and want a free consultation with a top-rated car accident lawyer or work injury attorney, call now: (804) 251-1620 or (757) 810-5614. Or complete the contact form on this page
What is an Attorney Letter of Representation?
An attorney representation letter is the first correspondence sent from your lawyer to the insurance company that supplies liability coverage to the person (or company) that caused you harm.
This letter notifies the defendant’s insurance company that you have legal counsel.
For example, your attorney will send a letter of representation to the defendant driver’s auto insurance carrier if you were hurt in a car crash. Or to your physician’s medical malpractice insurer if you allege that a failure to diagnose cancer made your condition worse.
What is the Representation Letter’s Purpose in Personal Injury Litigation?
Your attorney’s letter of representation to the defendant’s insurance carrier serves several purposes.
First, it informs the adverse party that you are serious about receiving fair compensation for your damages.
Second, the representation letter makes it easier for your lawyer to get documents and information from the other party to prosecute your claim efficiently.
Third, it gives an early outline of the theory of your case. You do this by describing the accident, and which of the defendant’s acts or omissions caused your injuries. A strong story about why the plaintiff deserves compensation will increase the likelihood that you obtain a fair recovery through settlement or verdict.
Fourth, it introduces your attorney to the claim adjuster handling your case and sets up a line of communication so that the parties can begin the settlement negotiation process when your recovery plateaus (often called reaching maximum medical improvement, or MMI).
Fifth, it asks for the insurance policy limits so that you can start to decide how to collect any potential judgment.
Though it is not a formal pleading or legal document that the trial judge or jury will review, the attorney representation letter may persuade the insurer to set higher reserves for your claim. This will make it easier for you to obtain a fair recovery.
What Information Should the Letter of Representation Include?
There is no “one size fits all” approach to writing a letter of representation in litigation.
But there are several things the letter should include at a minimum:
- The attorney’s name and contact information, including the names and contact information of associate attorneys and paralegals helping with the case;
- A description of the accident resulting in injuries;
- A description of the nature and extent of the injuries, including medical care, received to date;
- Which of the defendant’s acts or omissions that you find actionable under law;
- A request for policy limits and insurance coverage information; and,
- Whether direct contact with the injury victim is allowed (the answer should always be no)
Example of an Attorney Representation Letter for a Personal Injury Claim
Here is an example of a letter of representation that we send to the insurance company when handling a client’s automobile accident claim. I recommend using certified mail (with a return receipt) so that the claim adjuster cannot dispute that she received the letter of representation.
November 29, 2021
Emily Adams
GEICO Insurance Agency, LLC
One GEICO Blvd.
Fredericksburg, VA 22412
Re: Claim for Injuries and Damages – Attorney Representation Letter
Our Client: Bill Smith
Your Insured: John Williams
Your Insured’s Policy #: 1357913
Date of Accident: November 1, 2021
Accident Location: Intersection of Jefferson Ave. and Oyster Point Rd. in Newport News
Your Claim #: 246824
Dear Ms. Adams:
My law firm represents Bill Smith for the concussion (and post-concussive syndrome), lumbar strain, foot fracture, and other injuries suffered in an automobile crash caused by your insured, John Williams.
I expect you will accept liability because the facts show that Mr. Williams’s negligence resulted in Mr. Smith’s injuries and property damage to his vehicle.
Mr. Williams’s Ford F-150 truck ran into Mr. Smith’s Toyota Camry when Mr. Smith was stopped at a red light. Multiple witnesses report that your insured was texting when he struck my client. And the Newport News police officer that investigated the crash arrested your insured for driving while under the influence of alcohol (DUI). I have attached a copy of the Police Crash Report.
So far Mr. Smith has received medical treatment from Riverside Regional Medical Center, Hampton Roads Orthopaedics Spine & Sports Medicine, the Concussion Care Centre of Virginia, and Pivot Physical Therapy. I will send you copies of medical bills and reports as I receive them. And inform you of significant developments as Mr. Smith continues to heal.
I ask that you provide me with some information:
- The policy limits for your insured’s liability coverage;
- Other insurance coverages that might apply to this claim such as excess or umbrella coverage;
- Any recorded statements you have obtained from my client or witnesses;
- Written estimates on the damage to Mr. Smith’s vehicle; and,
- Photographs of the damage to Mr. Smith’s vehicle
Further, all future contact with Mr. Smith should go through me. This includes telephone calls, letters, and emails from insurance company staff or third-party vendors (including TPAs such as Sedgwick or Gallagher Bassett) hired by your company to adjust the claim.
In addition, if Mr. Smith signed a medical records release form before he hired my firm, that authorization is now revoked, null and void.
Thank you for your time and attention to this claim.
Please do not hesitate to contact me with any questions or concerns. I look forward to working with you to resolve this matter.
Respectfully yours,
Corey R. Pollard
cc: Client File
When Should My Attorney Notify the Insurance Company that Counsel Represents me?
There are competing views on when to send a letter of representation to the defendant’s insurance company.
The first position, which I agree with, is that a law firm should send its representation letter to the insurance company as soon as it receives a signed retainer agreement.
The rationale for this view is that your lawyer does not want the insurance company speaking with you directly, primarily through a recorded statement. As a result, you may inadvertently supply information that harms your case.
The second position is that an attorney should never send a representation letter to the defendant or insurer. Instead, the lawyer should file a lawsuit in federal or state court.
The rationale for this competing view is that a plaintiff puts maximum pressure on the defendant by starting formal legal proceedings.
I understand this rationale and the potential benefit of not sending a letter of representation in business tort or breach of contract claims, where the defendant may be surprised by the lawsuit and put on the defensive, which you can use to your advantage.
However, there are two reasons that I do not see the benefit of withholding sending of a letter of representation in personal injury cases involving workplace accidents, construction site accidents, or motor vehicle crashes.
First, litigation is costly and time-consuming. Filing a lawsuit will force the insurer to hire counsel to answer the complaint. Then the defense attorney will probably want to initiate formal discovery, including depositions of you, lay witnesses, and expert witnesses, interrogatories, and requests for production. All this takes time and delays how soon you receive compensation for your injuries, though it is necessary if the insurer acts unreasonably during negotiations.
Second, bringing a lawsuit and going to trial is stressful. As an injured person unfamiliar with civil litigation, you may prefer an informal resolution through direct negotiation with the claim adjuster, mediation, or arbitration.
Can an Attorney Send a Letter of Representation to the Defendant if the Insurance Company is Unknown?
Yes, your attorney may send a representation letter to the defendant directly if that person or company does not have insurance coverage or if you do not have that information yet.
For example, your attorney might send a letter of representation to the manufacturer of a product if you allege that a product defect caused injury.
Contact Us Today for Legal Representation in Your Auto Accident Claim
A car crash can change your life and the lives of family members.
Call or email our firm today if you have been hurt by someone else’s negligence and do not want the claim adjuster to use their experience and knowledge to minimize your injuries and damage and how much money you receive.
We have helped hundreds of accident victims like you recover fair compensation. And we want to help you on the road to physical, financial, and emotional recovery.
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