The pre-litigation demand letter is the first time the carrier's claims examiner reads a coherent account of your case. Most carriers receive thousands of demands in a year. The ones that get taken seriously are organized, supported, and written in a way that signals what the case will look like if it does not settle. Understanding how the examiner evaluates a demand informs how to write one.
The Structure That Works
A demand organized as a liability narrative, followed by a medical narrative, followed by a damages calculation, follows the same analytical sequence the claims examiner uses when evaluating a file. Starting with liability establishes the defendant's fault before the damages are presented, which frames the entire document as a case with merit rather than a negotiating posture. Starting with damages, as many demands do, signals that the writer is primarily interested in the number rather than the case.
The liability section should explain what happened, who was at fault, and why the evidence supports that fault determination. It does not need to be long, but it should identify the specific negligent act, the supporting evidence (witness statements, photographs, police report conclusions), and address any obvious comparative fault argument. A demand that ignores the defense's strongest argument invites the examiner to assign that argument more weight than it deserves.
The medical narrative follows chronologically, beginning with the date of injury, the emergency presentation, and the treating providers in sequence. It explains what the client's injuries are, how they were treated, and what the current status is. For permanent injuries, it should explain the expected future treatment and its cost. The narrative should be written in plain language — claims examiners are not physicians , and should avoid medical jargon that obscures the severity of the injury.
Medical Records: Summary Versus Full Production
The debate over whether to attach full medical records or a detailed summary is about signal as much as substance. Full medical records in a complex case can run thousands of pages. A claims examiner who receives that volume is unlikely to read it carefully before formulating an initial evaluation. A well-organized medical summary, with key records attached as exhibits and the rest available on request, signals that counsel has reviewed the records, understands the case, and can direct the examiner to what matters.
For straightforward cases with limited records, attach the full set. For complex cases with extensive treatment history, a summary that extracts the most important records , the emergency records, the treating physician's diagnosis and prognosis, the specialist's conclusions, any imaging reports , is both more readable and more persuasive. Note in the demand that all underlying records are available and will be produced in discovery if the case does not resolve. That signals that the summary is not the complete record but a curated presentation of the strongest evidence.
Timing the Demand for Maximum Leverage
The demand sent the week after treatment ends with a fresh diagnostic update carries more weight than the demand sent six months later when the file has gone cold. The claims examiner who receives the demand while the injury is recent has a live file on the desk; the one who receives it after the file has been set aside for inactivity must reconstruct the context before evaluating it.
For cases with ongoing treatment, the maximum medical improvement milestone is the natural demand trigger. Once the client reaches MMI, the full damages picture is known , the past medical expenses, the permanency determination, and the future care needs. A demand sent at MMI presents a complete damages case that the carrier can evaluate without asking for updated records.
For cases with permanent injuries and open future care, consider whether to wait for the life-care plan before sending the demand. A demand that quantifies future care with a life-care plan is substantially harder to undervalue than one that describes future needs in general terms. The life-care plan adds to the pre-demand preparation cost but may produce a more favorable initial offer that reduces the likelihood of litigation. For additional practice management resources, see our practice operations coverage. For how pre-litigation demand structuring affects the lien resolution and distribution process when a case settles, see our liens and settlement section.