A demand package is a collection of information, documents, and photos that outlines a theory of liability and damages in a personal injury claim. It’s usually addressed to an insurance adjuster but often shared with superiors and counsel.

Crafting a comprehensive demand package is critical for successful settlement negotiations. While good demand letters are thorough and well-written, great demand packages that are designed for maximum settlement typically includes the following:

• Factual overview of the incident
• Theory of liability
• Injuries and treatments
• Medical treatment and expenses
• Demand letter for specific compensation, including non-economic and economic damages

Leading personal injury law firms consistently deliver great results by implementing systems of scale that ensure excellence. These systems increasingly rely on AI-enabled workflows to meet the needs of a growing firm. 

EvenUp began as such a system. After years of development, the Demands™ tool delivers a 69% higher likelihood of reaching policy limit settlements. EvenUp offerings now extend beyond demand package tools to encompass the entire lifecycle of a personal injury case—helping you break through common industry benchmarks and reach your full law firm revenue potential. That said, it all depends on a well-crafted demand.

Check out these seven recommendations to ensure your demand package process is built to maximize settlement amounts.

How to craft a winning demand package every time

Here are seven steps for creating comprehensive, high-quality demand packets for all your cases.

Step 1: Gather facts from the police report

In most motor vehicle incidents, the police create a report about the incident. While typically inadmissible, police reports inform the theory of liability in a case. If the officer says the other driver caused the incident, you can use the report to help settle the claim outside of litigation/pre-suit. Insurance companies usually give considerable weight to police reports.

The most important parts of the police report that you want to expose in your demand package include:

• Details of the crash mechanics
• Diagram of the incident
• Narrative or codes relating to the severity of the property damage
• Narrative or codes relating to the severity of the observed injuries
• Contributing factor(s) to the incident, including drug/alcohol use  
• Citations issued to the at-fault party

Step 2: Create a clear medical summary

Compiling, sorting, and summarizing medical records and bills can help build a strong case for fair compensation. These documents provide evidence of injuries, treatments, and costs. By organizing this information, it becomes easier to demonstrate the extent of damages and justify the need for compensation. It also makes a stronger case when adjusters review.

Below are a few guidelines for building a persuasive and easy-to-read medical summary:

• Duration: The number of visits and length of treatment at a provider can show how severe a client's injury is. It can also provide a full medical story.
• Treatments: Provide an overview of the treatments received by your clients from each provider. Track how their life is affected based on the injury. 
• Diagnostics: List all the ICD codes in your client’s medical records. While it's a lot of work, claims management software uses these data points as value drivers in setting settlement bands.
• Future cost estimates: Severe injuries often need future treatments. To validate future medical expenses, request cost estimates from treating providers. This may be especially persuasive in receiving compensation for future medical expenses. Without some medical support, adjusters may write off future care as speculative.
• Medical opinion for causality: The opinion of treating medical providers about the cause of the injuries assists in addressing any causality challenges.
• Pre-existing injuries: If your client had pre-existing injuries, explain what those injuries were, the symptomatology of the injuries before the incident, and how the incident aggravated or exacerbated these injuries.

Step 3: Develop robust economic loss calculations

Many elements of economic loss may be claimed, most importantly, out-of-pocket expenses and loss of earnings. To present loss of earnings calculations, construct a complete model that considers:

• Client’s baseline earnings: What were your client’s provable earnings before the incident? 
• Client’s fringe benefits: What other benefits did your client receive before the incident and how much were they worth? 
• Client’s earnings growth: What was the growth rate in your client’s year-over-year earnings before the incident occurred?
• Loss Duration: What is the expected duration of lost wages?
• Mitigation: During the loss period, can any earnings reasonably be expected despite the incident?
• Discounting: What is the net present value of the lost earnings? 
• Proof of unemployability: Is your client’s unemployability supported? For larger claims, it's often necessary to get the medical documentation that supports the client’s inability to return to work, as well as letters from the client’s employer.

Step 4: Support your non-economic damages claim

To build your claim for non-economic damages, start by looking at the jury instructions in your area, given that states vary on how an attorney may present a client’s non-economic damages, including past and future pain and suffering. Identify all the elements of the non-economic damages for which you can seek compensation. 

Prepare and share a pre-demand questionnaire with your client regularly. This can help to ensure that you capture all of your client’s ongoing complaints, along with the impact your client’s injuries have (and may continue to have) on their life. This information illustrates the specific loss of enjoyment and/or “duties under duress” that your client endured and provides a way to document future impacts that your client may encounter in the foreseeable future.

There are three ways to estimate pain & suffering:

• Per diem analysis: Use details of your client’s injuries and enduring complaints to prepare a per diem analysis that quantifies your client’s non-economic damages. The per diem analysis should include an estimate of your client’s total pain and suffering with reference to an appropriate hourly rate and a reasonable value for each hour that your client endured pain and suffering as a proximate result of a tortfeasor’s conduct.
• Verdict analysis: Conduct a comparable verdict search for claims involving the same or similar circumstances within the relevant jurisdiction, and present a representative verdict(s) that clearly demonstrates the threshold that a similarly-situated jury would likely award your client should the tortfeasor refuse to reasonably settle your client’s claim. Include in your presentation how the jury from the representative verdict(s) allocated non-economic damages to justify your estimation of the value of your client’s pain and suffering.
• Lump sum: Not all states are created equal when it comes to how or by what means or method non-economic damages may be quantified and/or presented to a jury. For example, 24 states expressly allow an attorney to argue that a client is entitled to a sum certain/lump sum amount of non-economic damages while simultaneously permitting an attorney to suggest that the per diem method (i.e., a fixed monetary amount for a defined unit of time) is an appropriate non-economic damages calculus. So, when in doubt, verify your state’s stance on the interplay between lump sum and per diem arguments. 

Step 5: Organize the exhibits

With so many medical records, bills, and other supporting documentation in the demand package, it's essential to make it easy for you, your staff, and the claim adjuster to navigate the exhibits. Develop a master index of each exhibit. 

Having a structured, organized system will help claim adjusters review and extract the relevant information they need to support your claim.

Step 6: Humanize the plaintiff

While it's crucial to present a strong case backed by evidence, it's equally important to humanize the plaintiff in your demand package. By humanizing the plaintiff, you transform them from a claimant into a relatable individual with dreams, setbacks, and a compelling story. 

This personalized approach not only enhances the adjuster's understanding but also cultivates empathy, laying the groundwork for fair and just negotiations. Here are a few ways to paint a vivid picture of your client throughout the demand letter:

• Describe life before the incident: Offer a glimpse into the plaintiff's life before the incident. Describe their passions, hobbies, and daily routines. Showcasing these adds depth to their narrative, emphasizing what's at stake.
• Detail daily struggles: Detail the challenges the plaintiff faces in their daily life post-injury. Whether it's the difficulty of simple tasks they once took for granted or the emotional toll of their limitations, focus on painting a vivid picture of their journey.
• Maintain empathy and respect: Use language that evokes empathy and compassion throughout the demand package. Avoid language that objectifies or minimizes their experiences. Demonstrating genuine concern for the plaintiff's well-being can capture the emotional gravity of the plaintiff's experience and foster a more positive and cooperative relationship with the insurance adjuster. It can also help the adjuster build empathy.

By compiling a demand package that demonstrates the strength of your case, in addition to the true losses suffered by the plaintiff, you will increase the likelihood of a favorable settlement.

At EvenUp, our team—which includes former defense counsel, paralegals, and case managers—works with leading personal injury firms to prepare demand packages that include pain and suffering narratives that help depict the plaintiff before and post-incident, save time, and settle cases for higher amounts (EvenUp demands have a 69% higher likelihood of hitting policy limit.)

Step 7: Capitalize on the consistency and efficiency of AI-enabled demand workflows with EvenUp Demands™

EvenUp’s Demands™ is an AI tool purpose-built for personal injury law firms. It enables you and your staff to create a more efficient and consistent demand packet process.

Piai™, the proprietary AI powering EvenUp, is built on a foundation of hundreds of thousands of personal injury cases. It works in tandem with a world-class team of over 100 legal experts, including attorneys, medical professionals, and paralegals, to deliver comprehensive theories of damages for every demand request.

Your client’s cases are often once-in-a-lifetime events with life-altering stakes. They deserve every advantage you can muster toward their cause. These steps are great best practices that you and your team can run at and optimize around. As it applies to adopting AI-enabled assistance, EvenUp strives to deliver the justice every plaintiff deserves via the advantages provided to you with our unique combination of advanced technology and human expertise.

In addition to Demands™, EvenUp has announced the launch of Express Demands, the latest development in our purpose-built, AI-powered tools designed for PI firms.

Express Demands transforms raw, disorganized files into polished, high-quality demands in minutes. Firms no longer have to compromise between quality, speed, and convenience—allowing them to focus on achieving the best outcomes for their clients.

With Express Demands, attorneys can:

1. Draft and Review Demands in Minutes: Generate a thorough demand package in a few clicks. Review in minutes. Send in minutes.
2. Send Demands On Time: Stay ahead with proactive alerts on the best time to send demands based on case progress and readiness
3. Save Time Uploading Documents with Seamless Integrations: Express Demands seamlessly integrates with multiple case management systems, working in the background to monitor and flag missing bills and records, ensuring everything is in place for timely demand generation.

Sign up today for early access to this exciting new tool purpose-built for personal injury leaders like you.

Embracing technology to serve clients, optimize cash flows, and maximize returns

In the fast-evolving landscape of personal injury law, leveraging the latest technology is no longer optional—it’s essential. Your clients are facing life-altering events—often going through dark days—and insurers are deploying advanced tools to minimize payouts. Firms must adapt to remain competitive and encourage the most fair settlements for their clients. AI-enabled solutions like EvenUp’s Demands™ and Claims Intelligence Platform™ empower firms to streamline workflows, reduce human error, and ensure consistency across cases.

Adopting these tools can help you and your team craft stronger demand packages and better serve clients by delivering more precise, data-backed theories of damages. Legal AI systems improve cash flow by shortening settlement timelines and maximizing returns through well-supported claims that resonate with adjusters and juries alike.

Investing in the right technology positions your firm to achieve superior outcomes, uphold the highest standards of client advocacy, and maintain a competitive edge in an increasingly demanding industry. The future of personal injury law belongs to those who are prepared to innovate and deliver justice more effectively than ever before.