Personal Injury Demand Summary

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:

1. Executive Overview — incident snapshot and demand amount
2. Liability Analysis — duty, breach, evidence, comparative fault
3. Injury Documentation — chronological treatment narrative
4. Damages Itemization — economic + non-economic breakdown
5. 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