Demand Letter Draft: A One-Page Checklist Before You Send

A strong demand letter can move a claim toward settlement quickly, but a rushed demand letter draft can also lock you into bad numbers, misstated facts, or an avoidable credibility hit. This one page checklist is designed for the final pass, the 10 to 15 minutes before you hit send.

Use this checklist the same way every time

The point is consistency. If your team follows one repeatable pre-send review, you reduce rework, protect credibility with adjusters and defense counsel, and create cleaner settlement leverage.

If your matter is in pre-suit posture, this checklist fits most personal injury and insurance claims. If you are already in litigation, many items still apply, but you may also need to align language with pleadings, discovery responses, and any court orders.

The one-page checklist before you send

1) Audience and objective are explicit

Your demand letter should read like it knows who it is for and what it is trying to accomplish.

• Recipient is correct (adjuster vs insured vs counsel), and contact info is current.
• Claim identifiers are accurate (policy number, claim number, date of loss, insured, location).
• Your objective is clear (open negotiations, set a deadline, respond to a low offer, preserve a future bad faith argument).
• Settlement posture is intentional (opening anchor, room to negotiate, and a realistic target).

2) Liability theory is tight and supported

You do not need a trial brief, but you do need a coherent theory with support.

• Duty and breach are stated in plain English.
• Causation is clearly connected to the injuries and damages you are claiming.
• Key liability facts are sourced (police report page, photos, witness statement date, admissions).
• Comparative fault issues are addressed, not ignored.
• Anticipated defenses are acknowledged with a short rebuttal.

3) Facts are verified against the record

Most demand letter problems are not “legal” problems, they are accuracy problems.

• Dates match everywhere (accident date, treatment dates, work restrictions, wage loss period).
• Names and entities match (providers, employers, corporate defendants, insured parties).
• Medical chronology is consistent (no missing ER visit, no unexplained gap, no wrong side or body part).
• Mechanism of injury matches the medical notes and your liability narrative.

A practical rule: if a fact is likely to be challenged, it should be traceable to a document you can attach or produce.

4) Damages are organized and easy to audit

Adjusters and defense counsel look for clean math, clean sourcing, and credibility.

• Specials are itemized (medical bills, paid amounts if relevant, liens, wage loss, property damage).
• Your totals reconcile (line items add up to the total you claim).
• You avoid double counting (for example, billing plus “medical expenses” again in narrative).
• Future damages have a basis (treating provider plan, recommendations, impairment rating, or other support).

If you include a spreadsheet, make sure your letter and spreadsheet totals match exactly.

5) Demand number and terms are unambiguous

A surprising number of disputes start because the demand itself is fuzzy.

• Demand amount is stated once, clearly, and consistently (no competing numbers in the letter).
• Demand type is clear (policy limits demand, time-limited demand, or standard settlement demand).
• What the number includes is clear (medical liens, subrogation, costs, property damage, PIP offsets, med pay).
• Deadline is reasonable and precise (date, time, time zone, and method of response).
• Payment and release expectations are noted (payee lines, structured settlement discussion, confidentiality if requested).

6) Tone and persuasion match the case

Your demand letter should be firm, readable, and credible.

• No overstatement that can be disproved by one chart note.
• Human story is present but not melodramatic.
• Adjectives are earned (use facts, not conclusions).
• One theme ties the letter together (preventable harm, clear responsibility, documented impact).

If you want the strongest persuasion per page, tighten sentences until the letter reads like a professional case summary, not a vent.

7) Attachments are complete, labeled, and referenced

A good demand letter points to the evidence, and the evidence is actually included.

• Attachment list is included (or clearly described).
• Exhibits are labeled (Exhibit A, B, C) and referenced in the text.
• Medical records match the billed period (no missing provider packet).
• Key highlight documents are present (imaging report, operative note, work restriction note, wage verification).
• Redactions are correct (remove irrelevant identifiers where appropriate).

8) Ethics and “truth in statements” check

Demand letters are advocacy documents, but accuracy still matters. Most jurisdictions have professional conduct rules addressing truthfulness in statements to others and competence. If you want a general reference point, see the ABA Model Rules of Professional Conduct.

• No statements you cannot support if asked.
• No misleading omissions on central facts.
• Client approval confirmed for settlement position and any sensitive disclosures.
• Privilege work product review (avoid attaching internal memos or sensitive strategy notes).

9) Final “send safe” logistics

• Correct sender identity (firm, attorney, or authorized representative).
• Delivery method is chosen intentionally (email, certified mail, portal upload).
• PDF is searchable and properly oriented (no sideways pages).
• Subject line is specific (client, date of loss, claim number).
• Follow-up task is calendared (deadline, next call, escalation plan).

Quick audit table (print this)

Frequently Asked Questions

How long should a demand letter draft be? Often 2 to 5 pages plus exhibits is enough. The goal is clarity and auditability, not volume. Complex liability or extensive treatment may justify more.

Should I include a deadline in a demand letter? If you are trying to create urgency or document a time-limited opportunity, a clear deadline can help. Make it reasonable and specific.

Do I need to attach all medical records? Not always, but you should attach what supports the core story and the damages math. At minimum, include the key records that connect mechanism, diagnosis, treatment, and prognosis.

What is the most common mistake in a demand letter draft? Internal inconsistencies, especially dates and totals that do not reconcile. Those issues reduce leverage even when liability is strong.

Draft faster without sacrificing accuracy

If your team is building demand letters from stacks of records, TrialBase AI is designed to help streamline that workflow. You can upload case documents and generate litigation-ready outputs like demand letters and medical summaries in minutes, then use the checklist above as your final quality control pass.

Explore TrialBase AI at ai.trialbase.com.