Personal Injury Demand Letter: What It Is and How to Write a Winning One

## What Is a Personal Injury Demand Letter?

A demand letter is a formal written document sent by your attorney to the at-fault party's insurance company, officially presenting your injury claim and demanding a specific dollar amount to settle the case. The demand letter is the opening move in settlement negotiations and sets the tone for everything that follows. A well-crafted demand letter — supported by comprehensive documentation — signals to the insurer that you are serious, prepared, and willing to litigate if necessary. A weak demand letter signals the opposite and leads to lower settlement offers.

The demand amount in your attorney's letter should be calculated to leave meaningful room for negotiation while remaining fully defensible — an unrealistically inflated demand destroys credibility; a too-low demand undersells your case from the opening move.

What Every Strong Personal Injury Demand Letter Must Include

Experienced attorneys include specific elements in demand letters that dramatically improve initial settlement offers.

• **Detailed factual narrative:** A precise, chronological account of the accident, establishing the defendant's negligence through facts — not inflammatory language
• **Complete medical documentation:** Every diagnosis, treatment, procedure, and prognosis organized clearly with the total medical expense shown prominently
• **Lost wage and income documentation:** Pay stubs, tax returns, employer letters, and an economist's projection of future lost earnings if applicable
• **Pain and suffering evidence:** A compelling summary of your daily life impact — including excerpts from a pain journal, family member observations, and psychological treatment records if applicable
• **Expert summaries:** Brief references to expert opinions that will be available at trial, signaling that you have already invested in case preparation
• **Clear, specific demand amount:** A precise dollar amount with a brief response deadline (typically 30 days) — vague demands invite low offers and delay

The demand letter is not the place to reveal all of your evidence. It should show enough strength to prompt a serious response while preserving discovery advantages for litigation.