An injury settlement demand should make it possible to understand the claim and evaluate the evidence supporting it. A large number written at the end of a letter does not replace proof of responsibility, causation, and loss. A useful package explains the actual facts and identifies unresolved issues without exaggeration.

Start with the event and responsibility

Describe when and where the incident occurred, who was involved, and the conduct alleged to have caused the injury. Support the account with relevant photographs, video, witness information, and records. Distinguish established facts from an inference or disputed allegation. Avoid treating a police conclusion or inspection record as a final civil judgment.

If comparative fault is disputed, address the evidence supporting and contradicting the proposed allocation. If multiple parties may be responsible, explain their alleged roles separately. A generic assertion that everyone was negligent is less useful than identifying the particular conduct and its relationship to the injury.

Organize medical records around the actual course of treatment

Include the relevant treatment timeline, diagnoses made by providers, procedures, restrictions, and prognosis. Identify prior conditions accurately and explain the evidence of any accident-related change. Separate a clinician’s recommendation from your own expectation of future treatment.

Keep bills and medical records coordinated by provider and service date. A billing total should distinguish charges, payments, adjustments, and balances as appropriate. The legal measure of recoverable medical damages requires analysis; simply adding every amount appearing on every statement can produce duplication or an unsupported total.

Support income and other losses

  • Wage records, employer verification, or reliable self-employment records.
  • Dates of missed work and medical support for the relevant restrictions.
  • Documentation of claimed out-of-pocket expenses and their connection to the injury.
  • Specific examples of changed daily activities supported by appropriate evidence.
  • Provider information concerning future care when a future loss is claimed.
  • A clear explanation of calculations, with estimates and uncertainties identified.

Account for coverage and reimbursement issues

A claim’s evidence-supported value and the amount available under a policy are different questions. Identify reliable coverage information and potential competing claims. Review medical liens, benefit-program recovery, and other asserted obligations before equating a gross offer with the client’s net recovery.

Do not assume that a demand resolves those obligations or binds a provider to a reduction. Written confirmation and the applicable procedures matter. A demand can explain the information currently available while acknowledging that a particular accounting remains unfinished.

Use the right procedure for the type of demand

An ordinary settlement request, a formal litigation offer, a statutory time-limited policy demand, and a government claim are different procedures. They can have different requirements and consequences. This document checklist is not a substitute for evaluating those rules, setting a valid deadline, or preserving a lawsuit.

Negotiations do not automatically stop an applicable limitations period. Track the filing deadline separately and evaluate whether further investigation or litigation is needed while discussions continue. Avoid allowing a pending response date to become the only date on the calendar.

Review the proposed settlement as carefully as the demand

If an offer is made, compare the amount and terms with the evidence, unresolved medical issues, coverage, and expected deductions. Read the proposed release for parties, claims, unknown-claim language, and additional obligations. Agreement on a number does not eliminate the need to understand what will be released.

Official procedural resource

California Courts: personal injury cases.

Discuss the facts of your claim

Weiss Attorneys can review the records and the legal questions raised by your situation. Learn about our related injury representation and this related claim guide.

Read Scarlett Farrokh’s attorney profile, request a consultation, or call (213) 583-0977. This article provides general California information. The applicable duties, deadlines, and available remedies depend on the particular facts.