Settlements · The Demand
Demand Letters in Personal Injury Claims
A demand letter is where a claim moves from investigation into negotiation. It assembles the evidence and requests a specific amount. This page explains what a demand letter is, what it includes, and why it matters.
The short answer
What is a demand letter, and what does it do?
Direct answer: A demand letter is a written presentation of the claim sent to the insurer. It lays out the accident, the injuries, the treatment, the expenses and losses, and the supporting evidence, and it requests a specific compensation amount. Its job is to establish the claim’s value and open formal negotiation — the insurer’s response is usually a counteroffer, not a final answer.
Related resources
What it includes
The parts of a demand.
- Factual account: A clear narrative of the accident and why the other party is at fault.
- Injuries and treatment: A description of the injuries, the medical care received, and the current status.
- Medical records and bills: Documentation of treatment and the costs incurred.
- Wage-loss documentation: Pay records and employer verification of income lost.
- Non-economic harm: Description of pain, limitations, and impact on daily life.
- Specific demand: A stated dollar amount requested, often with a deadline for response.
Why it matters
The demand sets the starting point.
Negotiation tends to move from the demand toward the insurer’s response. A demand that thoroughly assembles and presents the evidence sets a credible starting point and signals that the claim is serious and prepared. A demand that simply requests a number without support invites a low response.
The demand also organizes the claim for the adjuster, who must justify any offer internally. Giving the adjuster a well-documented package makes it easier to justify a higher offer — which is part of why preparation matters as much as the number requested.
Timing
When a demand is sent.
A demand is usually sent after treatment is complete or the injuries have reached a clear plateau, so the full scope of the harm is known. Sending a demand too early — before future needs are understood — risks undervaluing the claim, especially in serious injury cases.
Once the demand is sent, the insurer typically responds within weeks, and negotiation follows. If the parties cannot agree, the next step is often a lawsuit. The demand is therefore both a presentation of the claim and the bridge between negotiation and litigation.
Frequently asked questions
Common questions, answered directly.
General information only, not legal advice for any particular situation.
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