A personal injury demand letter is your formal request for compensation from the party responsible for your injuries. Whether you were hurt in a car accident, slip and fall, or any other incident, a well-crafted demand letter is the cornerstone of successful settlement negotiations.
This guide covers everything you need to know about writing a demand letter for any type of personal injury case, including what to include in your settlement demand package and how to negotiate effectively.
Why Demand Letters Matter
What Is a Personal Injury Demand Letter?
A personal injury demand letter is a formal document sent to the at-fault party (or their insurance company) that:
- Describes the incident that caused your injuries
- Explains why the other party is legally responsible (liability)
- Details your injuries and medical treatment
- Documents all your damages (medical bills, lost wages, pain and suffering)
- States the specific dollar amount you're demanding as compensation
Think of your demand letter as a persuasive legal brief. You're presenting your case in the strongest possible terms to convince the insurance company to pay fair compensation.
A Demand Letter Does
- ✓ Formally initiate negotiations
- ✓ Create a written record of your claim
- ✓ Force the insurer to take you seriously
- ✓ Set an "anchor" for negotiations
- ✓ Demonstrate you're prepared to pursue your case
A Demand Letter Doesn't
- ✗ Guarantee a settlement
- ✗ Force the insurer to accept your demand
- ✗ File a lawsuit (that's a separate step)
- ✗ Stop the statute of limitations clock
- ✗ Admit any fault on your part
Types of Personal Injury Cases
Demand letters apply to virtually any situation where you've been injured due to someone else's negligence. The core structure remains the same, though specific details vary by case type.
Motor Vehicle Accidents
Car, truck, motorcycle, Uber/Lyft, pedestrian, and bicycle accidents. Usually sent to the at-fault driver's auto insurance company.
See our detailed Car Accident Demand Letter Guide →Slip and Fall / Premises Liability
Injuries on someone else's property due to hazardous conditions. Sent to the property owner or their liability insurance. Must prove they knew (or should have known) about the dangerous condition.
Dog Bites
Animal attack injuries. Many states have strict liability for dog bites. Claim typically goes against the owner's homeowner's or renter's insurance.
Medical Malpractice
Healthcare provider negligence. These cases are complex and almost always require an attorney and expert witnesses.
Product Liability
Defective products causing injury. Claims may go against manufacturers, distributors, or retailers.
Assault & Battery
Intentional harm caused by another person. Criminal charges are separate from civil claims for compensation.
Key Components of a Demand Letter
Regardless of your case type, every effective demand letter includes these essential components:
Identifying Information
Statement of Facts
Liability Analysis
Injury Description
Impact Statement
Itemized Damages
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Out-of-pocket expenses
- Non-economic damages (pain and suffering)
Demand Amount
Response Deadline
Pro Tip: The Power of Specificity
Your Settlement Demand Package
Your demand letter doesn't stand alone — it's part of a complete settlement demand package. Think of the package as your "evidence file" that proves every claim in your letter.
Documents to Include
Medical Documentation
- • Medical records from all providers
- • Itemized medical bills
- • Pharmacy records/prescriptions
- • Physical therapy notes
- • Future treatment estimates
Incident Documentation
- • Police report or incident report
- • Photos of scene, injuries, damage
- • Witness statements
- • Video footage (if available)
- • Weather/condition reports
Lost Income Documentation
- • Employer letter confirming missed work
- • Pay stubs showing lost wages
- • Tax returns (if self-employed)
- • Letter on reduced earning capacity
Pain & Suffering Evidence
- • Pain journal entries
- • Before/after photos
- • Statements from family/friends
- • Mental health records (if applicable)
Organize Your Package
General Personal Injury Demand Letter Template
Here's a template structure that works for most personal injury cases. Adapt each section to your specific situation.
[Your Full Name]
[Your Address]
[City, State ZIP]
[Phone] | [Email]
[Date]
[Insurance Company Name]
Attention: Claims Department
[Address]
RE: Personal Injury Claim
Claim/Policy Number: [XXXXX]
Your Insured: [Responsible Party Name]
Date of Incident: [Date]
Dear Claims Adjuster:
This letter constitutes a formal demand for compensation for personal injuries I sustained as a result of [type of incident] on [date] at [location], caused by [responsible party].
I. STATEMENT OF FACTS
[Describe what happened in detail. Include specific facts, times, witnesses, and conditions. Be thorough but factual.]
II. LIABILITY
[Explain why the other party is responsible. Cite specific duties they breached, laws they violated, or negligent actions they took.]
III. INJURIES AND TREATMENT
[Detail all injuries sustained and all medical treatment received. Use medical terminology. Include past, current, and anticipated future treatment.]
IV. IMPACT ON MY LIFE
[Describe the personal impact: pain, emotional distress, limitations on daily activities, effect on relationships, work, and overall quality of life.]
V. DAMAGES
A. Economic Damages
Medical Expenses: $[Amount] (itemized list attached)
Lost Wages: $[Amount]
Future Medical Care: $[Amount]
Other Expenses: $[Amount]
Subtotal Economic Damages: $[Amount]
B. Non-Economic Damages
Pain and Suffering: $[Amount]
TOTAL DEMAND: $[Amount]
Please respond to this demand within thirty (30) days of receipt. I am prepared to negotiate in good faith, but I am also prepared to pursue all available legal remedies if we cannot reach a fair resolution.
Sincerely,
[Signature]
[Printed Name]
Enclosures:
• Medical records and bills
• [Police/Incident] Report
• Photos of injuries/scene
• Proof of lost wages
• [Other supporting documents]
Negotiation Tips After Sending Your Letter
Sending your demand letter starts the negotiation process. Here's how to navigate it effectively:
1. Expect a Low Initial Offer
The insurance company's first counteroffer is almost always much lower than what they're willing to pay. This is standard negotiating tactics. Don't be insulted or discouraged.
2. Respond in Writing
Always respond to offers in writing. Acknowledge their offer, explain specifically why it's inadequate (referencing your evidence), and make a counter-offer. Keep a paper trail.
3. Move Slowly Toward the Middle
Don't drop your demand by 50% in one step. Make incremental moves. If you demanded $100,000 and they offered $20,000, counter at $85,000 or $90,000 — not $60,000.
4. Know Your Bottom Line
Before negotiating, determine your minimum acceptable settlement. Factor in attorney fees (if applicable), medical liens, and what you'd realistically get at trial.
5. Be Patient but Persistent
Negotiations often go back and forth 3-5 times over weeks or months. Don't accept a lowball offer out of frustration. Stay professional and persistent.
Know Your Case Value Before Negotiating
When to Hire a Personal Injury Attorney
You don't legally need an attorney to send a demand letter or negotiate a settlement. However, there are situations where legal representation is strongly recommended:
Severe or Permanent Injuries
If you have significant injuries, surgery, ongoing disability, or life-altering consequences, the stakes are too high to go it alone.
Disputed Liability
If the insurance company claims you were at fault or there's a legitimate question about who caused the accident.
Multiple Parties Involved
Multi-vehicle accidents, shared fault situations, or claims against businesses require more complex legal strategies.
Insurance Company Acting in Bad Faith
If the insurer is refusing to respond, making unreasonably low offers, or using delay tactics.
High-Value Claims
Claims exceeding $50,000-$100,000 benefit significantly from professional representation. Studies show represented claimants receive higher settlements.
Contingency Fee Arrangements
Frequently Asked Questions
How long should my demand letter be?
Most effective demand letters are 3-6 pages, plus attachments. Focus on being thorough but concise. Every sentence should add value to your case.
How do I calculate my demand amount?
Total your economic damages (medical bills, lost wages), then add non-economic damages (typically 1.5-5x your economic damages for pain and suffering). Your demand should be higher than your minimum acceptable amount to leave negotiation room.
What if the insurance company ignores my letter?
Follow up in writing after your deadline passes. If they continue to ignore you, consult an attorney about filing a lawsuit. Sometimes the threat of litigation gets their attention.
Can I negotiate without a lawyer?
Yes. For minor injuries with clear liability, many people successfully negotiate their own settlements. However, for serious injuries or disputed liability, an attorney typically adds significant value.
How long does settlement negotiation take?
Typically 1-6 months after sending your demand letter. Complex cases can take longer. Be patient — rushing often means accepting less than your case is worth.
Should I accept the first offer?
Almost never. The first offer is usually a starting point for negotiations, often 30-50% below what the insurer is willing to pay. Always counter-offer.
Find Out What Your Case Is Worth
Before you write your demand letter, understand what your case is worth. SetCalc's AI analyzes your injuries, treatment, and circumstances to provide an attorney-reviewed settlement estimate.
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