In a personal injury case, a demand package is a collection of documents you send to the insurance company that represents the party who caused your injuries or to the negligent party themselves.
These documents prove that the at-fault party is responsible for the accident and how much compensation you should be legally entitled to so that you are able to cover related losses and damages.
Our Long Island personal injury lawyers have decades of experience making successful demands for our injured clients. We are ready to handle all case related communications generally and all settlement negotiations and necessary litigation specifically,on your behalf.
In This Article
Reading time: 5 minutes
- What Goes Into a Demand Package?
- When Should You Send a Demand Package After an Injury?
- After Sending a Demand Package, What Comes Next?
- How Successful Are Demand Packages in Personal Injury Cases?
- What Compensation Will You Get for Your Personal Injury?
- Our Personal Injury Lawyers Will Build Your Demand Package
What Goes Into a Demand Package?
Typically, demand packages include a demand letter. This letter should clearly explain:- When, where, and how the accident occurred
- How the liable party’s negligence caused the accident and your injuries
- What damages you suffered, how much they are worth, and how you calculated their financial value
- A deadline by which you want to hear back from the insurer
- What your next steps will be if they do not pay what you need
- Medical records (to show which injuries you suffered and how serious they are)
- Employment information (to show that your injuries have/will have an impact on your ability to work)
- Photos of the scene or your injuries (as visual proof of what occurred)
- Statements from experts (to strengthen your claim with professional assessments of your losses)
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When Should You Send a Demand Package After an Injury?
The sooner you are able to start collecting materials to go into a demand package, the better. You might even be able to gather evidence before you leave the accident scene by asking the at-fault party for their contact information, which makes it easier for us to contact them later, or, if it is safe to do so, taking pictures of the accident site (For example, the position of cars in the roadway and the impact points to cars involved in an auto accident or the defect that caused a trip or the source of a leak that caused a slip in a premises liability/fall accident.) All that said, make sure to get necessary medical attention before reaching out to anyone else, even a personal injury lawyer. It is vital to protect your health after an accident. Prompt medical care will also show up in your medical records, which you could include in your demand package to establish that you sought treatment immediately. The insurance company might try to contact you and offer a settlement before your lawyers have even had a realistic and reasonable opportunity to put a package together. Do not respond to them. You will not know if their offer is appropriate until your lawyer has collected and analyzed the evidence. Let our attorneys deal with the insurers for you.After Sending a Demand Package, What Comes Next?
Our legal team will confirm that the insurance company received the package. Then, you will have to wait for them to respond. If you set a time limit in your letter (e.g., you asked them to respond within 30 days), this is how long you should wait for a response. The insurer might answer your demand letter by:- Telling you that they reject your claim
- Offering to pay much less than you asked for
- Agreeing to your demands
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How Successful Are Demand Packages in Personal Injury Cases?
Many demand packages succeed by demonstrating that the insurance company will save time and money by paying what you want now rather than dragging out the process. Whether or not you win your personal injury claim will depend on both the strength of your demand package and the insurance company’s willingness to negotiate in good faith for an appropriate settlement. In the rare cases where a personal injury case is not settled out of court, that does not mean you have to give up. You still have the option of filing a lawsuit and going to trial, but only if you do so within the deadline set by state law. (It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. Speaking with a lawyer can help clarify which deadlines apply and what legal options may be available.)Complete a Free Case Evaluation form now
What Compensation Will You Get for Your Personal Injury?
A demand letter should include a complete list of all of the losses, or damages, that you suffered because of the accident. This includes financial losses like:- Medical costs
- Property damage
- Loss of income or benefits
- Loss of employment
- Out-of-pocket expenses
- Pain and suffering
- Diminished quality of life
- Loss of consortium
- Disabling injuries
- Scarring and disfigurement
Our Personal Injury Lawyers Will Build Your Demand Package
Even if you still are not sure about hiring a lawyer or taking legal action, Friedman & Simon, L.L.P., encourages you to contact us right away. We will assess your case at no charge and, if you decide to move forward, build a customized demand package for your personal injury case. Call now to begin.Call or text (516) 932-0400 or complete a Free Case Evaluation form