What a Demand Package Is in a Virginia Personal Injury Case

May 24, 2024 | Blog, Personal Injury

Some careless driver has hit your car, and naturally, you expect a hefty settlement for the trouble they’ve caused you. However, you can’t simply call the insurance company and ask for a bag of cash. First, your attorney will need to prepare a demand package.

What is a demand package in a personal injury case? We’ll explain below. You will also learn what your recourse is if your settlement offer is pitifully low.

What Is a Demand Package, and What Does It Include?

A demand package includes documentation that proves all expenses related to your claim. Everyone’s demand package is a little different. Yours might include medical bills and treatment records, lost wages, car repairs, and so on. If you had to hire someone to help you do things at home because of your injuries, you can also include those costs in the demand package.

Demand packages also include a narrative explaining how your injuries have affected you. For example, if your accident leaves you disabled and you will require ongoing care for many years, your lawyer will explain these facts in the demand package.

It can take a while to assemble a demand package because certain documents may be difficult to track down. Additionally, your medical care case manager might wait until you’ve reached maximum medical improvement (MMI) before sending all relevant documents.

What Happens After Your Attorney Sends a Personal Injury Demand Package?

Now that you know the answer to the question, “What is a demand package in a personal injury case?” you might wonder what happens after sending the package to the insurance company.

Typically, your attorney will give the insurance company 30 to 60 days to respond. If your case is fairly simple, the insurer will probably respond sooner rather than later. If it’s very complex, expect a longer response time.

The insurance company will send you an initial settlement offer when it responds. You can accept this offer or negotiate for more money if it’s too low.

Your Settlement Offer Is Too Low — Now What?

It’s common for insurance adjusters to offer a lowball settlement at first. This is normal, and insurance companies expect you to negotiate.

Negotiations work like this: Your lawyer will send the insurance company a letter explaining why the settlement offer isn’t up to par. The letter might include more evidence that proves your damages, such as photos of your injuries, witness statements, or accident reconstruction reports.

The insurance company will then evaluate the letter and decide whether it will pay the amount your lawyer is asking for. If not, it will send another offer that may be slightly higher than the initial offer, yet still not enough to fully cover your damages. You can accept or continue the negotiation process until you have an offer that you’re happy with.

There is a chance the insurance company will refuse to negotiate. This can happen if:

  • There’s not enough evidence to prove fault
  • You’re partially at fault
  • You have pre-existing injuries
  • You missed a filing deadline

If the insurance company won’t negotiate, your only option may be to go to court.

Our Firm Will Send a Strong Demand Package for Your Personal Injury Claim

If you’re still wondering, “What is a demand package in a personal injury case?” reach out to Geoff McDonald & Associates, P.C., for answers. Our attorneys will explain everything you need to know about demand packages, including how to gather evidence and what documentation to include. Let us negotiate with the insurance company if your initial settlement offer is too low.

For a free consultation with a personal injury lawyer, call us at 804-552-3173 or contact us online.

Geoff McDonald and Associates: 804-888-8888.

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