Quality matters for every personal injury demand letter

The demand letter serves as a cornerstone of your case strategy. It formalizes your client’s claim, sets the tone for negotiations, and positions you as a formidable advocate. 

Personal injury lawyers must recognize the unique role this document plays in achieving a favorable settlement.

Key benefits of a strong demand letter for personal injury claims

• Establishing Credibility: A detailed and well-supported letter signals that your firm is prepared and capable of seeing the case through litigation if necessary.
• Setting Negotiation Parameters: By presenting a clear calculation of damages and a specific compensation request, you guide the negotiation toward a reasonable starting point. 
• Framing the Narrative: The demand letter gives you control over how the incident and your client’s injuries are perceived, shaping the opposing party’s understanding of the case.
  

Personal injury lawyers understand that it's not enough to just understand how to make a settlement demand letter look legit. Demand letters must be full of detailed, accurate substance. Such a meticulously crafted letter is a powerful tool for achieving favorable outcomes.

10 best practices for writing a personal injury demand letter

Here are ten best practices for writing personal injury demand letters. These recommendations will help you and your firm ensure demand writing is compelling and comprehensive, enabling the generation of demands at scale and maximizing potential claims.

1. Thoroughly review the case

Immerse yourself in the case details before drafting a demand. Review all medical records, police reports, accident reconstruction findings, and other relevant documentation. Look for potential weaknesses in the case, such as pre-existing conditions or gaps in treatment, and be prepared to address them proactively.

Ensure that every aspect of the demand aligns with the evidence collected, maintaining consistency between the narrative and supporting documentation. Failure here can provide ammunition for the defense, so consistency is paramount.

2. Start with a clear introduction

Your introduction should immediately establish the purpose of the letter. Identify the parties involved, the date and location of the incident, and your client’s primary injuries. For example:

‍“This letter serves as a formal demand for compensation on behalf of our client, [Client], who sustained significant injuries in a motor vehicle collision caused by your insured, [Defendant], on [Date] at [Location]."

‍Cite any relevant statutes or legal precedents reinforcing your client’s claim, such as referencing jurisdictional deadlines for responding to the demand or initiating litigation—subtly conveying your preparedness to act if the settlement process stalls.

3. Detail the facts of the case

The facts section is your opportunity to provide a precise and factual account of the incident. Begin with a chronological narrative, including the events leading up to the accident, the actions of the defendant, and the immediate aftermath. Use this section to clearly establish liability, connecting the defendant’s negligence to your client’s injuries.

Incorporate objective evidence such as photos, videos, or witness statements. If video footage of the accident shows the defendant’s failure to stop at a red light, reference this evidence explicitly to strengthen your narrative.

4. Document injuries and treatment

This section is critical to demonstrating the severity of your client’s injuries. Provide a detailed account of the injuries, supported by a medical records summary and necessary terminology. Explain the implications of medical diagnoses rather than merely listing them. For example:

“Following the collision, [Client] was diagnosed with a displaced femoral fracture, requiring surgical intervention and an extended hospital stay. Post-surgery, [Client] underwent 12 weeks of physical therapy and continues to experience chronic pain and limited mobility.”

Attach all relevant medical chronology (MedChron) and additional documentation as exhibits. This should include imaging reports, surgical summaries, and treatment records. Be thorough, as missing or incomplete documentation can undermine the perceived value of your client’s claim.

5. Include economic damages

Economic damages are the tangible financial losses your client has incurred. Itemize these damages in detail, breaking them into categories such as:

• Medical Expenses: Include all medical bills, prescriptions, and therapy costs.
• Lost Wages: Document lost income with pay stubs or employer letters verifying time missed from work.
• Future Medical Costs: Outline anticipated future expenses supported by expert opinions.
• Property Damage: Provide repair estimates or receipts.

Providing a clear and defensible calculation of economic damages strengthens your demand letter for personal injury and makes it more difficult for the opposing party to dispute.

6. Outline Non-Economic Damages

Non-economic damages, such as pain and suffering or emotional distress, require a more narrative-driven approach. Use this section to humanize your client, illustrating how the injury has affected their daily life. For example:

“Prior to the accident, [Client] was an active individual who enjoyed jogging and playing with their children. Due to ongoing pain and limited mobility, [Client] can no longer participate in these activities, resulting in significant emotional distress.”

Although non-economic damages are inherently subjective, vivid descriptions and personal impact statements can make them compelling.

 7. Be specific in your demand for compensation

State your total compensation demand clearly, ensuring it reflects economic and non-economic damages. Avoid arbitrary figures—justify the amount with supporting evidence and comparable case outcomes. For example:

“Based on the documented economic damages of $145,000 and non-economic damages reflective of the significant impact on [Client]’s quality of life, we demand total compensation in the amount of $400,000.”

8. Use persuasive language

The tone of your demand letter should be professional yet assertive. Avoid inflammatory or emotional language, which can alienate the opposing party. Focus on presenting a logically compelling argument that emphasizes the strengths of your case.

9. Anticipate and address defenses

Insurance adjusters and defense attorneys will scrutinize your letter for weaknesses. Preemptively address potential defenses, such as contributory negligence or pre-existing conditions, to demonstrate that you’ve thoroughly considered the case. For example:

“While [Client] had a pre-existing back condition, medical records confirm that the herniation at L4-L5 is a direct result of the subject collision.”

This proactive approach strengthens your position and minimizes opportunities for the opposing party to undermine your demand.

10. End with a firm closing

Conclude your letter by reiterating your demand and setting a specific deadline for response. Express your readiness to proceed to litigation, but avoid making empty threats. For example:

“We expect a response to this demand within 30 days of receipt. Should we not receive a satisfactory response, we are prepared to initiate litigation to pursue our client’s rightful compensation.”

A strong closing leaves no doubt about your commitment to securing a fair resolution.

Tools to help guide personal injury demand letter creation

A compelling personal injury demand letter requires strategic acumen and meticulous attention to detail. While expertise and experience are irreplaceable, leveraging advanced tools can significantly enhance the efficiency and effectiveness of your demand letters. 

EvenUp is one such tool. 

Generative AI tailored for personal injury cases

EvenUp Demands^TM uses advanced generative artificial intelligence (AI) to assist in drafting demand letters that are precise, persuasive, and personalized to each case. 

We employ a unique two-layer approach to our proprietary AI, Piai™, which is built specifically for personal injury lawyers. Piai™ uses hundreds of thousands of injury cases and millions of medical records with dozens of specialized AI models for each task of extracting, parsing, and categorizing data—all with expert human review to ensure maximum accuracy.

This enables EvenUp to relate the specifics of the incident, medical documentation, and damages with past claims to create a clear, compelling narrative. This functionality saves time while maintaining a professional tone and structure that resonates with opposing parties and insurance adjusters.

Medical chronology and review summary services

Medical records can be among the most time-intensive aspects of demand preparation. EvenUp offers comprehensive medical review summary and chronology services, providing:

• Detailed Summaries - Clear overviews of your client’s injuries, treatments, and prognosis.
• MedChron Timelines - Easy-to-digest timelines that connect medical events to the case narrative.
• Expert Insights - Documentation flagged for inconsistencies or opportunities to strengthen your argument.

These features help you build a solid foundation for presenting precise economic and non-economic damages.

Claims Intelligence Platform™ capabilities

EvenUp offers a comprehensive Claims Intelligence Platform^TM that streamlines the demand letter creation process and maximizes settlement outcomes. The Claims Intelligence Platform™ goes beyond demand letter creation to provide invaluable insights that enhance your case strategy. 

For example, the platform includes Case Companion, a legal AI assistant. Powered by Piai™, EvenUp’s Case Companion helps personal injury attorneys and their support staff converse directly with case documents in real time. No more scouring through dozens of pages of documents when you can cut straight to the exact insights you need to make better decisions across the duration of a case.

EvenUp empowers you to scale personal injury operations

EvenUp enables personal injury lawyers to focus on their core strength—advocating for their clients—while automating and optimizing the most labor-intensive aspects of the demand letter process.

Schedule a call to see how EvenUp Demands™ elevates your demand letter strategy.