What is a Demand Package?

A Demand Package is a formal collection of documents, evidence, and a demand letter sent by a personal injury attorney to an insurance company or opposing party. Its purpose is to present the plaintiff’s case, outline the damages suffered, and request a specific settlement amount to resolve the claim before filing a lawsuit.

A strong demand package is often the first—and sometimes most important—step toward securing fair compensation without going to court.

What’s included in a demand package?

A demand package includes both a narrative letter summarizing the case and supporting documentation that proves liability, causation, and damages. It must clearly explain how the injury occurred, why the defendant is liable, and the extent of the financial, physical, and emotional harm suffered.

The more detailed and well-supported the package, the more persuasive it is in settlement negotiations.

• Demand letter: A written summary of the incident, injuries, treatment, and legal claims.

• Medical records and bills: To prove treatment received and costs incurred.

• Lost wage documentation: Pay stubs, employer letters, or tax returns.

• Photos, police reports, witness statements, and any other evidence supporting liability and damages.

When is a demand package sent?

A demand package is typically sent after the plaintiff has completed medical treatment or reached maximum medical improvement (MMI). At this point, the attorney can assess the full scope of damages, including future medical needs or permanent impairments.

In some cases—such as catastrophic injuries or time-sensitive claims—demand packages may be sent earlier with updated supplements later.

• Usually sent after medical treatment is completed.

• Allows for accurate calculation of damages, including future needs.

• Serves as the start of formal negotiations.

• Can be used to avoid litigation if the insurer responds in good faith.

What happens after a demand package is submitted?

Once the demand package is received, the insurance company or defense attorney will review it and begin evaluating the claim. They may respond with an acceptance, denial, or a counteroffer. The negotiation process can take days to months, depending on the complexity of the case and the insurer’s internal review.

If negotiations stall or the insurer responds unfairly, the plaintiff may file a lawsuit.

• Insurer may request additional documentation or clarification.

• They might make a low initial offer, starting a back-and-forth negotiation.

• Timelines vary, but responses usually take 30 to 60 days.

• If no fair offer is made, litigation may follow.

Why is the demand package important in a personal injury case?

The demand package is often the first time the insurance company sees the full scope of the claim laid out in one organized presentation. It sets the tone for negotiations and showcases the seriousness of the case. A poorly prepared demand can lead to lowball offers, while a well-prepared one can lead to early resolution and maximize recovery.

It also preserves key evidence and outlines the legal theory behind the claim.

• Provides a clear, comprehensive view of the plaintiff’s case.

• Demonstrates readiness to litigate, strengthening negotiation leverage.

• Often results in pre-suit settlement, avoiding court delays.

• Can affect the outcome of the entire claim, especially when done thoroughly.

Conclusion

A Demand Package is a crucial tool in personal injury cases—organizing evidence, telling the plaintiff’s story, and laying the groundwork for settlement. It can be the difference between a quick, fair payout and a long legal battle. With careful preparation and strong documentation, demand packages give plaintiffs a powerful voice before ever stepping into court.