A Stowers demand is a type of demand for settlement that is used in personal injury cases in Texas. It’s named after the Texas Supreme Court case of Stowers Furniture Company v. American Indemnity Company, which established the legal precedent for this type of demand.
Under Texas law, a Stowers demand is a written request for settlement that must be made by an injured party to the liability insurance company before a personal injury lawsuit can be filed. The purpose of a Stowers demand is to give the insurance company an opportunity to settle the case before it goes to court.
A Stowers demand must include certain information, including:
- The nature and extent of the injuries sustained by the injured party
- The damages sustained by the injured party, including any medical bills and lost wages
- A description of the accident and the circumstances leading up to it
- The amount of money that the injured party is requesting as a settlement
If the insurance company receives a Stowers demand and decides not to settle the case, the injured party has the right to file a personal injury lawsuit. However, if the insurance company does decide to settle the case, the injured party must sign a release agreeing to dismiss the lawsuit and not to file any further claims against the insurance company or the policyholder.
If you’re considering making a Stowers demand in Texas, it’s important to seek the advice of an experienced personal injury lawyer. An experienced lawyer can help you understand your rights and options and ensure that your Stowers demand is properly drafted and presented to the insurance company.
In conclusion, a Stowers demand is a written request for settlement that is used in personal injury cases in Texas. It’s made by an injured party to the liability insurance company before a personal injury lawsuit can be filed and gives the insurance company an opportunity to settle the case before it goes to court. If you’re considering making a Stowers demand, it’s important to seek the advice of an experienced personal injury lawyer to help you understand your rights and options.