Before any settlement negotiation, your personal injury attorney assembles and sends a demand package to the at-fault driver’s insurance company. The quality and completeness of this demand package directly affects how seriously the insurer takes your claim and how quickly a fair offer materializes. Understanding what goes into a strong demand package — and the strategic decisions behind it — helps you understand the process your attorney is managing on your behalf. Marathon Law Group builds comprehensive demand packages for every Las Vegas car accident client.
When to Send the Demand: Maximum Medical Improvement
The most important timing decision in a personal injury claim is when to send the demand. Sending too early — before you have reached Maximum Medical Improvement (MMI), the point at which your condition has stabilized and future treatment needs can be projected — means you may settle for less than the full value of your injuries. Future medical needs not yet documented cannot be claimed. Sending too late wastes time and allows the insurer to claim their money is tied up in other reserves. The optimal time to send a demand is after you’ve reached MMI, all treating physicians have provided records and opinions, and the full scope of future damages can be documented — typically three to twelve months after the accident for moderate injuries, longer for serious or catastrophic ones.
Components of a Comprehensive Demand Package
A well-constructed demand package contains: a liability narrative explaining why the defendant was at fault (police reports, witness statements, photos, video, reconstruction analysis); all medical records from every treating provider from the accident through MMI; itemized medical billing for all past treatment; physician opinions on causation linking the accident to each injury; future treatment projections and cost estimates (life care plan if appropriate); wage loss documentation including pay stubs and employer letters; non-economic damages analysis (pain and suffering, loss of enjoyment, emotional distress) supported by daily journal entries, lay witness statements, and expert opinions; and a demand amount with a response deadline (typically 30 days). The demand amount should be higher than your actual settlement target to leave room for negotiation — but not so inflated that it appears frivolous and undermines credibility.
Policy Limit Demands and Bad Faith Exposure
When your damages clearly exceed the at-fault driver’s liability policy limits, your attorney may send a policy limit demand — a demand that the insurer pay its full policy limits within a specific time frame. This strategic move carries significant implications: if the insurer refuses to pay policy limits when a reasonable insurer would have settled, and you then obtain a verdict exceeding policy limits, the insurer may be liable for the full excess verdict under Nevada’s bad faith law. Nevada’s Unfair Claims Settlement Practices Act (NRS 686A.310) requires insurers to act in good faith in settling claims. A refusal to pay clear policy-limit cases creates exposure for the insurer and its insured — pressure that often produces policy-limit settlements.
The Negotiation Process After the Demand
After your attorney sends the demand package, the adjuster reviews it and typically makes a counteroffer that is lower than the demand. Multiple rounds of negotiation follow. An experienced attorney knows the difference between a starting lowball offer (common) and a genuine highest-and-final offer. If negotiations stall, mediation may resolve the dispute before litigation. If the insurer continues to undervalue the claim, filing a lawsuit and proceeding through discovery often produces a dramatically higher settlement offer as the insurer faces the cost and risk of trial.
Contact Marathon Law Group — Las Vegas Personal Injury Attorney
A powerful demand package is the foundation of every successful personal injury settlement. Marathon Law Group’s attorneys prepare comprehensive, well-documented demand packages designed to maximize initial offers and settlement outcomes. Call today for a free consultation.