Personal Injury Demand Summary

Synthesizes case materials into a persuasive demand summary for settlement negotiations or internal case evaluation.

Prerequisites

Gather before starting:

Case file: police/incident reports, witness statements, photos, correspondence
Medical records: ER through current treatment, imaging, surgical notes, discharge summaries
Billing records: itemized medical bills from all providers
Wage records: pay stubs, tax returns, employer verification letters
Expert reports (if available): life care plans, vocational assessments, accident reconstruction
Insurance info: known policy limits, prior adjuster correspondence

Quick Start

Structure the demand summary in five sections:

Executive Overview — incident snapshot and demand amount
Liability Analysis — duty, breach, evidence, comparative fault
Injury Documentation — chronological treatment narrative
Damages Itemization — economic + non-economic breakdown
Settlement Positioning — verdicts, risk assessment, terms

Core Workflow

1. Executive Overview

Include: incident date/location, parties, case type (MVA / premises / product defect / med mal), one-sentence liability theory, total demand amount.

2. Liability Analysis

[ ] Identify defendant's specific acts/omissions constituting breach
[ ] Cite supporting evidence: police reports, eyewitness accounts, expert opinions
[ ] Reference applicable legal standards (traffic laws, building codes, statutes)
[ ] Address and rebut comparative fault arguments
[ ] State liability apportionment conclusion

3. Injury Documentation (Chronological)

Organize by treatment phase:

Emergency/acute: date, facility, complaints, diagnoses, imaging
Surgical: procedures, dates, operative findings, hardware
Post-op/rehab: PT/OT frequency/duration, progress, functional benchmarks
Ongoing/maintenance: current treatment, medications, remaining complaints
Prognosis: MMI status, permanent impairments, future treatment needs

Distinguish objective findings (imaging, labs, surgical notes) from subjective complaints. For pre-existing conditions, delineate aggravation vs. new injury causation.

4. Damages Itemization

Economic damages — itemize each with source and amount:

Past medical expenses (by provider, date, amount)
Future medical expenses (life care plan or physician projection)
Past lost wages (employment records, pay period, rate)
Future lost earning capacity (vocational expert or wage analysis)
Out-of-pocket (transportation, home mods, Rx, assistive devices)

Non-economic damages — support each with specific evidence:

Pain and suffering (treatment intensity, duration, medication)
Emotional distress (mental health treatment, documented impact)
Loss of enjoyment of life (activities curtailed, before/after)
Permanent disfigurement/disability (functional limitations, rating)
Loss of consortium if applicable (spousal testimony, relationship impact)

Present totals: economic subtotal + non-economic subtotal = total demand.

5. Settlement Positioning

[ ] Cite comparable jury verdicts in the jurisdiction
[ ] Note policy limits considerations
[ ] Assess litigation risk (strengths and vulnerabilities)
[ ] Evaluate causation strength
[ ] Estimate comparative fault exposure percentage
[ ] Set response deadline and conditions (confidentiality, structured settlement, liens)

Pitfalls and Checks

Every factual assertion must trace to a specific document — cite by document name/date
Flag documentation gaps needing additional discovery
Do not fabricate medical causation — rely on treating physician opinions only
Note jurisdiction-specific damage caps (e.g., non-economic caps) if applicable
Mark unverified legal citations with [VERIFY]
Maintain persuasive but professional tone — specific human impact, not emotional appeals
Present damages credibly with negotiation room