Accident Claim Lawyers
LegalUpdated September 2026

Writing an injury demand letter

In plain English: a demand letter is a written request to the at-fault party's insurer asking them to pay a specific amount to settle your claim. It sets out what happened, why their insured is responsible, what your injuries cost you, and the number you want.

When to send it

Timing matters more than wording. If you send a demand before you know how your injuries will turn out, you may settle for too little and can't reopen the claim later. Most lawyers wait until you've reached maximum medical improvement, meaning your doctors can say what your long-term situation looks like. The exception is when a deadline is approaching, in which case a lawsuit may need to be filed first.

What a strong demand includes

  1. The facts. Date, place and a clear, brief account of how the accident happened.
  2. Liability. Why the other side is at fault, supported by the police report, photos or witness details.
  3. Injuries and treatment. Diagnoses, treatment history and your current prognosis, with records attached.
  4. Financial losses. Itemised medical bills, lost wages with evidence, and other out-of-pocket costs.
  5. Effect on your life. Specific examples: the job you couldn't do, the child you couldn't lift, the sleep you lost.
  6. The figure. A clear demand, usually with room to negotiate.
  7. A response deadline. Often 30 days, unless there's a reason for longer or shorter.

Different names, different rules

In England and Wales, the formal first step before court is a letter of claim under the Pre-Action Protocol for Personal Injury Claims. It notifies the defendant of the claim and starts a period for them to investigate. Valuation usually comes later, and formal offers are often made under Part 36, which has cost consequences for the other side if they refuse a reasonable offer. Lower-value road traffic claims usually go through the Official Injury Claim portal instead.

In the US and Canada, a demand letter is less formal and follows no set template.

Time-limited demands near the policy limit

In some US states, a demand to settle within the policy limits by a fixed deadline can expose the insurer to bad faith liability if it unreasonably refuses. These rules are technical and vary by state. This is one area where drafting it yourself is risky.

Mistakes that weaken a demand

  • Leaving out records, which lets the adjuster ignore the loss.
  • Exaggerating symptoms that your medical notes don't support.
  • Demanding a figure with no explanation of how you got there.
  • Admitting partial fault without needing to.
  • Forgetting future treatment and future lost income.
Example

Your claim includes 18,000 in bills and eight weeks off work. Attaching the bills, a letter from your employer confirming lost pay and a surgeon's report about future treatment gives the adjuster a file they can justify paying on.

Next: bad faith · maximum medical improvement · claim value workbook.

Related terms

DepositionA deposition is an interview under oath, held outside court, where the other side's lawyer asks you questions about the accident and your injuries.DiscoveryDiscovery is the stage of a lawsuit where each side has to hand over relevant information, documents and testimony, so both know the evidence before trial.Duty of CareA duty of care is a legal obligation to take reasonable care to avoid injuring other people.Expert WitnessAn expert witness is someone with specialist knowledge, such as a surgeon, engineer or economist, who gives an opinion on a question a judge or jury couldn't answer alone.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer