Demand Letter
The demand letter is the document that kicks off formal settlement negotiation. It lays out the facts, the injuries, and the dollar figure being requested.
What a demand letter does
The demand letter moves the claim from the investigation phase into negotiation. It tells the insurer: here are the facts, here's why your insured is liable, here's what my client lost, and here's the number we're asking for. It's typically the first formal written request for a specific settlement amount.
Typical contents
A standard demand letter usually includes:
- A narrative of how the incident happened
- The liability argument — why the insurer's insured is at fault
- Description of the injuries and treatment
- Itemized medical bills and wage-loss documentation
- Description of non-economic losses — pain, disruption, limitations
- A specific demand amount
- A deadline for response
- Supporting exhibits — medical records, bills, photos, wage records
What the demand amount should be
The demand isn't the expected settlement — it's the opening of negotiation. It should be defensible (tied to real documentation) but include negotiation room. A demand that's obviously unrealistic gets treated skeptically; a demand that's too low caps the outcome.
Response timeline
Insurers typically respond within 30 to 90 days, depending on the complexity of the claim and the state's bad-faith laws. Some states require a response within a specific window. Follow-up is usually needed; adjusters are balancing many files.
Key Takeaways
- 01The demand letter formally opens settlement negotiation.
- 02It lays out facts, liability, injuries, damages, and a specific number.
- 03The demand is the top of the negotiation range, not the expected result.
- 04Response typically takes 30–90 days; follow-up is normal.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.