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  • Writer's pictureRobert Schuerger

What Is a Demand Package in a Personal Injury Case? Everything To Know

Personal injury attorneys must put together a strong demand package to start the personal injury claims process. Ultimately, the goal is to settle for a fair amount.

Many cases often go to court because the insurance company will not settle the claim. It is less likely to do that when the personal injury demand package doesn't include what they need to assess the client's damages.

Typically, personal injury attorneys have tight deadlines in place for cases in litigation, so pre-litigation claims can fall to the wayside. It's crucial that they prepare personal injury demand packages that are high-quality and strong to save time and money.

If a victim needs to send a demand letter or start a personal injury claim, it's wise to work with experienced personal injury lawyers in Dallas. Schuerger Shunnarah Trial Attorneys goes to war for 214 and can help people learn about their rights and options for requesting compensation.

What's a Demand Package?

A demand package is the demand letter and the exhibits.

Ultimately, a demand letter for a personal injury case is the letter stating the factual and legal basis for the claim, which includes the demand for compensation. Though there aren't any magic words included in the demand letter, there's an art to writing a powerful one.

It's wise to work with an attorney who will either craft the demand letter personally or have a paralegal do it. They can also advise on an average settlement for traumatic brain injury in Texas.

Get Medical Records ASAP

Get Medical Records ASAP

Getting the medical records and bills as soon as possible is a crucial aspect of a personal injury case. It's also a time-consuming process for the personal injury law firm. Ultimately, a sense of urgency is in place to obtain the medical records to prevent missing the deadline for the statute of limitations.

Law firms often outsource the retrieval of such records, and the software used integrates with the attorney's own software. This is crucial when preparing a personal injury demand and will save money and time during the process.

Typically, medical bills and records should be presented in chronological order. Therefore, if the victim were transported to the hospital by ambulance, the order would start with the ambulance bill and report. It would then shift to the hospital records and other post-accident treatments.

Likewise, attorneys will need to sort through the medical providers the client saw. They can also help with questions such as Can personal injury statute of limitations deadline be extended In Texas?

Gather Evidence to Support the Personal Injury Claim

Photo evidence is crucial in a demand package. Pictures of bodily injuries and property damage will increase the case's value and offer a humanizing element to the claim.

It's often hard to determine which photographs are more valuable, but an experienced lawyer can help with this.

Getting accident details can be tricky, as well. However, clients can text photos from the accident to the case manager at the law firm, which are saved into a special case file.

Attorneys will often gather police reports and witness statements, as well. However, they should only go into the demand package if they act in the client's best interest. Anything negative to the case will not go into the letter.

Evaluate the Policy from the Insurance Company

When building a case, the attorney will collect information from the defendant's insurance company, which includes policy limits and other data. Typically, they will have access to the policy number, coverage amounts, and whether or not the policy was active at the time of the incident.

Craft the Demand Letter

Having a well-crafted demand letter can help the attorney and victim initiate negotiations with the at-fault party's insurance company. Typically, the demand letter outlines the incident details, sustained injuries, and the damages sought by the injured person.

What to Include in the Demand Letter

In most cases, the demand letter contains specific information about the accident, injuries, and damages sought. This will usually go to the at-fault party's insurance adjuster or someone who works at the insurance company.

The demand letter includes these key components:

  • Introduction - This starts to identify the parties involved, such as the claimant (injured party) and the defendant (at-fault party).

  • Case Facts - The lawyer will offer a factual and detailed account of the accident leading to the injury, but only relevant information is included. This consists of relevant circumstances, locations, times, and dates.

  • Liability - It's time to clearly establish why the defendant is liable for the injuries. Attorneys often include supporting evidence, such as photographs, police reports, and witness statements.

  • Damages and Injuries - In this section, the attorney will describe the injuries the claimant sustained because of the incident. This includes medical bills, records, lost wages, property damage, and more.

  • Medical Treatment - Here, the attorney outlines the medical treatment the injured party received, such as therapy, surgery, medication, and future treatment requirements.

  • Lost Wages - The attorney specifies the income lost because of the injury and must include documentation, including an employer letter, tax records, and pay stubs.

  • Pain and Suffering - This is where the lawyer addresses the physical and emotional suffering the injured party experienced. It can include loss of enjoyment of life, mental anguish, pain and suffering, and other non-economic damages.

  • Compensation Demand - The lawyer will clearly state the compensation amount the client seeks. It should be justifiable and reasonable based on the applicable laws, damages, and injuries.

  • Settlement Deadline and Closing - It's time to set the reasonable deadline for the defendant to respond. Likewise, the attorney will express a willingness for settlement negotiations and will be clear that they will pursue legal action if a fair settlement cannot be reached.

  • Enclosure - This is the space to attach supporting documents, including medical bills, records, photographs, and other evidence.

What Not to Include in a Demand Letter

In most cases, demand letters should not include:

  • Unreasonable compensation demands

  • Overly detailed descriptions that might be challenged later

  • An admission of fault

Hire a Lawyer Who Understands Personal Injury Law

Hire a Lawyer Who Understands Personal Injury Law

Ultimately, it's wise to hire a trial attorney because they understand the legal process and will be better prepared to create and send a demand letter to the right people. Victims deserve fair compensation, and Schuerger Shunnarah Trial Attorneys can help them determine if they have a case and draft a demand package that meets their needs.

Please call to request a free consultation today, or use the online contact form to get started.


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