Drafting
How to draft a personal-injury demand letter
Structure, tone, and damages anchoring for a PI demand letter that gets a serious counteroffer.
The demand letter is a PI lawyer's most leveraged document. It frames the carrier's reserve, anchors negotiation, and signals trial preparation. A weak one gets a lowball counter; a strong one gets a serious one.
Structure that works
1. Header and identification
Your client's name, policy number, claim number, date of loss, place of loss. Get these wrong and the carrier rejects the demand on file-handling grounds.
2. Facts and liability
A clear narrative of how the collision happened. Cite the police report. Identify the violations of the vehicle code or rules of the road. If liability is contested, anticipate the defense and rebut.
3. Injuries and treatment
Chronological narrative of injury, treatment, and current status. Cite the medical providers. Include diagnostic findings (MRI, CT, X-ray). End with current symptoms and ongoing care.
4. Specials
Itemized medical bills, lost wages, property damage, out-of-pocket. Use a table — adjusters scan, not read.
5. General damages
Pain and suffering, loss of enjoyment, scarring, mental anguish. Anchor the number. Common anchoring methods:
- Multiplier (3x to 5x specials for soft-tissue; up to 10x for severe injuries).
- Per-diem (daily rate × days of pain and suffering).
- Comparable verdicts (cite recent jury awards in your jurisdiction).
6. Demand
State the total demand amount. Set a deadline (30 days is standard). State what happens if the carrier does not respond timely (litigation).
Tone
Professional, factual, confident. Avoid bluster. The adjuster reads dozens of these a week. Stand out by being clean.
Anchoring
The first number sets the negotiation range. Demand high enough to leave room to come down without going below your client's bottom-line target. Document your methodology in the letter so it survives bad-faith review.
How Draftiro helps
Upload medical records and the police report. Ask: "Draft a demand letter for a {state} rear-end collision with these medicals and these specials. Use a 3x multiplier." You get a structured first draft with citation-anchored damages methodology. You revise and send. Citation validation catches any hallucinated comparable-verdict cites before they go out.
Related reading: the statute of limitations glossary entry (mind the clock before you demand), the personal-injury workspace, and how to evaluate the best AI for PI attorneys.