What a Demand Package Actually Contains
A plain look at the documents your lawyer sends the insurance company to open settlement talks.
At some point in your claim, you'll hear your attorney mention sending a "demand package" to the insurance company. This is the formal document, along with its attachments, that lays out what happened, how you were hurt, and what you're asking the insurer to pay to resolve the claim. It's often the single most important piece of paper in your entire case, because it's the first time the insurance company sees your full story in one place.
A demand package isn't a form letter. It's a built document, assembled piece by piece from your medical records, bills, wage records, and evidence about how the crash happened. Understanding what goes into it helps explain why your attorney waits until certain milestones before sending it, and why rushing this step almost always backfires.
The demand letter itself
The centerpiece of the package is the demand letter, a written narrative that explains who was at fault, how the incident happened, what injuries resulted, and what treatment followed. It walks the adjuster (the insurance company employee who evaluates and negotiates claims) through the case the way a story unfolds, not just as a list of facts.
The letter also states what you're asking for to resolve the claim and explains the reasoning behind that request, tying it back to the medical records, bills, and other evidence attached. A well-written demand letter anticipates the questions an adjuster will ask and answers them before they're asked, which is part of why these letters take real time to prepare.
Medical records and bills
Every medical record tied to the injury is typically included: emergency room records, imaging reports, specialist notes, physical therapy records, and records from any follow-up visits. These records establish a timeline, showing when treatment started, how it progressed, and when you were discharged or reached a plateau in recovery.
Billing records are attached alongside the medical records, itemizing what each provider charged. Together, the records and bills answer two questions an adjuster always asks: what actually happened to this person's body, and what did it cost to treat it. Gaps or inconsistencies in these records can weaken the package, which is one reason attorneys often wait until treatment is further along before sending a demand.
Proof of lost income and other costs
If the injury kept you out of work, the package usually includes documentation of lost wages, such as a letter from your employer confirming missed days and your rate of pay, along with pay stubs or tax records that support the figures. For self-employed people, this documentation often looks different and may rely on business records or client communications showing lost work.
Other out-of-pocket costs get documented too: mileage to medical appointments, the cost of medical equipment, home modifications, or help hired for childcare or household tasks you couldn't manage during recovery. Receipts and records matter here because unsupported numbers are easy for an adjuster to dismiss.
Evidence about how the crash or incident happened
A demand package also has to prove liability, meaning who was legally responsible for causing the injury. This section might include the police report, photos of the scene or vehicle damage, witness statements, and any available video footage. The goal is to show that fault is clear, or at least strongly supported, before money is even discussed.
In cases involving a business, a product, or a property owner, this section can also include things like maintenance records, incident reports, or prior complaints that show a pattern. The stronger and more specific this evidence is, the harder it becomes for the insurer to argue someone else was at fault, or that the hazard was unforeseeable.
Documentation of pain, limits, and daily impact
Medical records show diagnoses and treatment, but they don't always capture how an injury actually changed your daily life. Many demand packages include a written statement from you describing specific limitations: what you can no longer do, what now takes longer or hurts more, and how your routine has changed since the injury.
Some packages also include statements from family members, coworkers, or friends who observed the impact firsthand. These accounts don't replace medical evidence, but they help the adjuster understand the claim as something that happened to a real person, not just a file number.
Why the package is sent when it is, not sooner
Attorneys generally wait to send a demand package until you've reached maximum medical improvement, meaning your condition has stabilized and further significant recovery isn't expected, or at least until treatment has progressed enough to reasonably estimate future needs. Sending it too early risks leaving out costs that show up later, like a surgery that becomes necessary after the package is already in the adjuster's hands.
Once the package is sent, the adjuster reviews it, and negotiations typically begin from there. The quality and completeness of the package often shapes how the rest of the negotiation goes, which is why so much preparation happens before it's ever mailed or submitted.
What to remember
- A demand package centers on a written letter plus supporting documents, not just a number.
- Complete medical records and bills form the backbone of the package; gaps in treatment can weaken it.
- Lost income and out-of-pocket costs need documentation, not just estimates, to carry weight.
- Liability evidence, like police reports, photos, and witness statements, is assembled to show fault clearly.
- Packages are usually sent after your condition stabilizes, not before, so future costs aren't left out.
Common questions
Who decides when the demand package gets sent?
Your attorney typically makes this call, usually waiting until your treatment has progressed enough to understand the full scope of your injury and costs. Sending it too early can leave out expenses that haven't happened yet, like a later surgery or extended therapy.
Does the insurance company have to respond to a demand package?
Insurers generally review and respond in some form, but response times and the thoroughness of that response vary widely by company and claim. There's no fixed deadline that applies everywhere, and your attorney can tell you what's reasonable to expect for your specific situation.
Can I write my own demand letter without a lawyer?
You can, but insurance adjusters are trained to evaluate claims and often respond differently to packages prepared without legal representation. An attorney knows what documentation adjusters expect to see and how to present it in a way that's harder to dismiss or undervalue.
This article is general information for the public, not legal advice, and reading it does not create an attorney-client relationship. Nothing here predicts an outcome or the value of any claim. Laws and filing deadlines differ by state and change over time — talk with a lawyer about your own situation. Attorney advertising.
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