What Is a Demand Package in a Personal Injury Case?

A demand package is the formal document you or your attorney sends to the insurance company to initiate settlement negotiations. It presents your case, documents your damages, and states the amount of compensation you are seeking. A well-prepared demand package is one of the most important tools for maximizing your settlement.

What to Include in a Demand Package

A demand letter that describes the accident, your injuries, and your demand amount. The police report or accident report. All medical records organized chronologically. All medical bills with a summary total. Proof of lost wages including employer letters and pay stubs. Photographs of the accident scene and your injuries. Witness statements if available. A pain journal or diary documenting your daily symptoms. Expert reports if applicable. A calculation of your total damages including pain and suffering.

Writing the Demand Letter

Your demand letter should be professional, organized, and persuasive. Start with a clear description of the accident and how it occurred. Describe your injuries in detail, including the initial diagnosis, treatment received, and current condition. Itemize all economic damages with specific dollar amounts. Describe your pain and suffering, emotional distress, and impact on daily life. State your total demand amount, which should be higher than your minimum acceptable settlement. Set a deadline for the insurance company to respond, typically 30 days.

How Much to Demand

Your demand amount should be 50 to 100 percent higher than your minimum acceptable settlement. This gives you room to negotiate down while still reaching a fair outcome. For example, if you believe your case is worth $50,000, your initial demand might be $75,000 to $100,000.

What Happens After You Send the Demand Package

The insurance company will review your demand package and respond with a counteroffer, typically within two to four weeks. The counteroffer will be lower than your demand, and negotiations will continue through several rounds of offers and counteroffers until you reach an agreement or decide to pursue litigation.

Common Mistakes

Demanding too little, which signals that you do not understand your claim's value. Demanding an unreasonably high amount, which may cause the adjuster to not take you seriously. Failing to include supporting documentation. Sending the demand before completing medical treatment. Not setting a response deadline.

Conclusion

A well-prepared demand package is essential to maximizing your settlement. Take the time to organize your documentation and present a compelling case.

Use our free settlement calculator to help determine your demand amount.