Writing a demand letter insurers take seriously

A demand letter does two jobs. It sets out your client's claim clearly enough that an adjuster can evaluate it, and it shows you're ready to prove it. Letters that do the first without the second tend to get low offers; letters that bury the adjuster in paper without a clear story tend to sit.

This guide sets out a structure many PI lawyers use, what supports each part, and the details that tend to draw an adjuster's attention. Your own practice, your state's law and the case in front of you should shape the final letter.

Before you write

Most demands are sent after the client has finished treatment, or reached the point where their doctors can describe future care. Sending too early can mean undervaluing the claim. Before drafting, make sure you have:

• The police or incident report and any photos, video or witness statements.
• Complete medical records and itemized bills from every provider, and a chronology that cites the page for every entry.
• Proof of lost income, such as an employer letter or pay records.
• The policy limits, if you've been able to learn them.
• A list of liens and reimbursement claims that may affect the settlement.

A structure that works

1. Introduction

Who you represent, the claim number, the date of the incident and the purpose of the letter. Keep it to a few lines.

2. Liability

What happened, in plain, specific language, with the evidence that shows the insured was at fault. Cite the police report, photos, witness statements and any traffic citation. If liability is disputed, address the dispute directly rather than ignoring it.

3. Injuries and treatment

The heart of the letter. Walk through the treatment in date order, from the first visit to the most recent, using the chronology. For each significant point, cite the record and page. Include:

• The first complaints and when they were made.
• Diagnoses and imaging findings.
• Procedures, therapy and the course of recovery.
• Any treating provider's opinion about cause or future care.

If there are gaps in treatment or prior conditions, explain them here. An adjuster will find them; it's better that they find your explanation at the same time.

4. Damages

Set out each category clearly:

• Medical specials: the total of related medical bills, tied to itemized bills. Include a table by provider.
• Future medical care, where a treating provider supports it.
• Lost income and earning capacity, with documentation.
• Non-economic damages: pain, limitation and the effect on daily life. Specific examples from the client's life are more persuasive than adjectives.

5. The demand

State the amount and the deadline for a response. If you're making a time-limited demand, know the rules: some states, Georgia for example, have statutes setting requirements for pre-suit time-limited demands, and the consequences of getting them wrong can be significant. Check your jurisdiction carefully.

6. Enclosures

List every document enclosed. Make sure the page citations in the letter match the documents you send.

What adjusters tend to check first

• The specials total against the bills. Totals that don't tie to itemized bills undermine everything else.
• The start of treatment. How soon after the incident the client was first seen.
• Gaps in treatment.
• Prior injuries to the same body part.
• Consistency between the letter, the records and what the client told providers.

Tone

Firm, factual and specific. Avoid exaggeration; every overstatement an adjuster finds gives them a reason to discount the rest. Let the records carry the weight.

Before it goes out

• Every fact is supported by a cited document and page.
• The specials total ties to the itemized bills.
• Gaps and prior conditions are addressed.
• Any time-limited demand meets your state's requirements.
• A lawyer has read and approved the final letter.

Where Meruit helps

Meruit's Demand letters start from your firm's own template, filled with the matter's facts, the approved chronology and the medical specials. On the Growing Practice and Large Firms plans you can ask for an optional AI first draft, and edit every word. When a lawyer approves the letter, Meruit locks it with their name and the time, and you download it as a Word document to send.