Personal Injury Demand Letters: General Process Overview

A demand letter is a pre-suit communication that may describe a claim, alleged responsibility, injuries, losses, supporting records, and a proposed resolution. It is not required or appropriate in every matter.

Liability evidence, medical records, bills, wage information, insurance coverage, liens, subrogation interests, future care, and damages law can affect the content and evaluation. Statements in a demand can later be compared with testimony, records, and pleadings.

An insurer may request more information, deny liability, dispute causation or damages, make an offer, or not respond. Negotiation does not necessarily pause a statute of limitations or other deadline.

A settlement commonly includes a release and can affect health-insurance, Medicare, Medicaid, workers' compensation, tax, confidentiality, and reimbursement issues. The written release – not an informal summary – controls its scope.

Official Starting Points

CMS explains Medicare coordination in its liability, no-fault, and workers' compensation reporting guidance. For controlling court rules and state-law procedure, use the Department of Justice's state court resources.

This page provides general process information and does not draft a demand, value a claim, select an opening amount, or recommend settlement or suit.