Receiving a demand letter is never a pleasant experience. Despite how you might feel about the contents and the validity of said contents of a demand letter, it is important that you take proper steps to address it before it evolves into a legal nightmare. If your practice receives demand letter, it can be crucial to address it the right way in order to protect your business.
What to Do If Your Practice Receives a Demand Letter
Before we go into what you should do if your practice receives a demand letter, it is worth highlighting what you should not do. You should not ignore it. It may contain unsubstantiated claims and allegations. It may not seem like a big deal and more of a nuisance than anything. Regardless, ignoring a demand letter can come with serious consequences. It is common practice for a demand letter to set forth a time clock on your response. Failure to respond within the allotted time can mean that the person sending the demand will proceed in taking legal action, which could involve dragging you to court. Addressing the demand letter, alternatively, can give you more time before formal legal proceedings are initiated, if they are initiated at all.
Read the contents of the demand letter thoroughly. Get a sense of the severity of the issue at hand as well as what they are asking for to resolve the situation. Sometimes, there is a simple and amicable way to address the situation. This is, of course, the ideal scenario. The path to an amicable solution may necessitate mediation in order to find a mutually agreeable resolution. It can be well worth it to explore different resolution options in order to avoid formal legal proceedings.
In reading the demand letter, it can be a good time for some serious reflection on its contents, include weighing in on the validity of the letter’s contents. A demand letter will commonly set forth arguments in support of the demand as well as proof of a claim against. Try to consider the arguments and take a look at how they are calculating the damages they are demanding in the letter. This can be a starting point for you to begin making your own tabulations should you end up sending a counteroffer to their demand amount.
When sending a response to a demand, whether it be a counteroffer or an outright denial, be sure to send the response via certified mail with return receipt. You will want to track delivery. You may also want to email your response, but still mail it with tracking and return receipt to help make certain that your response is, in fact, received. Your return receipt will be tangible proof of your response, which may be valuable in case there is any dispute regarding you sending the response or the receipt of your response later on.
Dental Law Attorneys
Before responding to a demand received by your dental practice, get in touch with trusted legal counsel at Mahan Dental Law. Time is of the essence so act fast. Contact us today.