Demand Package Compilation

Assembles a litigation-ready demand package — demand letter, itemized damages, and organized exhibits — for plaintiff-side pre-filing or settlement negotiations in U.S. commercial matters.

Prerequisites

Collect before drafting:

Incident/breach documentation — contracts, incident reports, triggering event records
Damages documentation — bills, invoices, pay stubs, repair estimates, receipts
Medical records (if applicable) — HIPAA authorization must be confirmed
Correspondence history — emails, letters, prior settlement communications
Witness statements / expert reports (if available)
Demand amount and response deadline — confirmed with supervising attorney

Quick Start

A complete package has four components assembled in order:

Cover letter — parties, file/claim number, transmittal statement, response deadline
Demand letter — facts, legal theories, damages, demand figure
Damages calculation — itemized by category with exhibit citations
Exhibit index + exhibits — sequentially numbered, matching letter citations

Core Workflow

1. Draft the Demand Letter

| Section | Content | |---|---| | Introduction | Client identity, adverse party, basis for claim | | Statement of Facts | Chronological narrative with dates, cited to exhibits | | Legal Theories | Causes of action, duties breached, statutory basis | | Damages | Itemized breakdown by category, total demand figure | | Liability Summary | Why liability is clear; address known weaknesses proactively | | Demand & Deadline | Dollar amount, response deadline, consequence of non-response |

2. Calculate Damages

Economic — cite supporting documentation for each:

Past/future medical expenses (bills, EOBs, expert projections)
Past/future lost wages or earning capacity (pay stubs, employer records, vocational expert)
Property damage / repair costs (estimates, invoices)
Out-of-pocket expenses (receipts)

Non-economic:

Pain and suffering, emotional distress, loss of enjoyment of life
Loss of consortium (where applicable)

Punitive (if applicable):

State legal basis and specific conduct justifying the award

3. Organize Exhibits

Number sequentially (Ex. 1, 2, 3…) in the order cited in the demand letter:

| Category | Examples | |---|---| | Incident documentation | Reports, photographs, video | | Medical records & bills | Treatment records, EOBs, billing summaries | | Employment / wage records | Pay stubs, employer letters, tax records | | Property damage | Repair estimates, invoices | | Witness statements | Signed statements, affidavits | | Expert reports | Medical, vocational, engineering, economic | | Contracts & agreements | Relevant provisions highlighted | | Correspondence | Chronological communications with adverse party | | Legal authority | Statutes, regulations, key cases [VERIFY citations] |

Pre-Submission Checklist

[ ] Every exhibit referenced in the letter is included and labeled
[ ] Every factual assertion is supported by a cited exhibit
[ ] Damage figures match supporting documentation exactly
[ ] Names, dates, and entity identifiers are consistent throughout
[ ] HIPAA authorizations obtained for all included medical records
[ ] Attorney work product and privileged communications excluded
[ ] PII redacted (SSNs, account numbers, unrelated health info)
[ ] Demand amount and response deadline clearly stated
[ ] Package is sequentially paginated with complete exhibit index
[ ] All cited statutes and cases apply to the governing forum [VERIFY]

Common Pitfalls

Privilege leaks — exclude all attorney-client communications and work product without exception
HIPAA violations — never include protected health information without valid written authorization
Unsupported assertions — every factual claim needs an exhibit citation; unsupported claims undermine credibility
Inflammatory tone — keep language professional and factual; let evidence carry persuasive weight
Omitting weaknesses — address known weaknesses proactively but frame favorably; omission invites skepticism
Incomplete package — the package must stand alone; the recipient should need no supplementation to evaluate the claim