How to Write a Winning Personal Injury Demand Letter

Introduction

The settlement demand letter is where you present your case in the best light to the financially responsible party and summarize the basis for the monetary value of the case. A well-written demand letter can set the tone for a successful settlement, while a poorly written letter could cause the insurer to discount your case.

Key Elements of Every Demand Letter

1. Introduction and Background Information

Start by introducing yourself and who you are representing. Tailor your introduction based on the litigation stage—has a lawsuit been filed yet, or is discovery underway?

2. Description of the Incident and Injuries

Include a detailed description of the accident that caused your client's injuries. This must lay out how the insured party is responsible. Highlight unique facts that make this case stand out from routine claims.

3. Medical Documentation and Treatment Details

Personal injuries are proved at trial with medical documentation. Provide comprehensive evidence of your client's treatment so the adjuster can properly evaluate your claim.

4. Demand for Compensation

Provide a sense of the overall value and what could potentially be recovered at trial. Consider whether to make a specific monetary demand or let the insurer make the opening offer.

5. Contact Information and Next Steps

Clearly provide your contact information and desired next steps for settlement negotiations.

Best Practices

• Create a strong narrative: Tell your client's story compellingly
• Include strong evidence: Medical records, expert opinions, photographs
• Be specific about damages: Itemize economic and non-economic losses
• Set appropriate deadlines: Give reasonable time for response
• Maintain professional tone: Assertive but not aggressive

Common Mistakes to Avoid

1. Undervaluing the claim: Research comparable cases thoroughly
2. Poor organization: Structure information logically and clearly
3. Missing documentation: Ensure all supporting evidence is included
4. Emotional language: Stay professional and fact-based
5. Unrealistic demands: Base demands on solid evidence and precedent

Downloadable Template

[Download Demand Letter Template] - A comprehensive template with sections for all key elements, ready to customize for your cases.

Next Steps

After sending your demand letter, be prepared for negotiation. Document all communications and maintain leverage by demonstrating trial readiness.