How to Build a Strong Personal Injury Demand Package (Checklist + CA §999 Rules)

A demand package is often the adjuster's first full look at your client's case, and in many files it is the document that drives the settlement range. This guide breaks down what a strong package contains, how to organize it so an adjuster can verify it fast, and the rules that matter when the demand is time-limited. Every demand should be reviewed and approved by the supervising attorney before it goes out.

1. Core components

1. Cover letter / demand letter. Parties, claim number, date and location of loss, policy-limits information if known, the demand amount, and a clear response deadline. Drafted for attorney review.
2. Liability narrative. Facts with exhibit citations: police or incident report, photos, video, witness statements, citations issued, and scene diagrams.
3. Injury and treatment chronology. Provider by provider and date by date, with diagnoses, procedures and gaps explained. Every entry is tied to a record page.
4. Medical specials summary. Itemized by provider, built from CMS-1500 (professional) and UB-04 (facility) billing or itemized statements, with totals that reconcile.
5. Future care. Physician recommendations or a life-care plan, if the attorney is using one.
6. Economic losses. Wage-loss verification from the employer, tax documents, and out-of-pocket expenses.
7. Non-economic damages. Client impact statement, before-and-after photos, and statements from family or co-workers, as the attorney directs.
8. Liens and payers summary. An internal working document that is usually not sent. It is needed to evaluate net-to-client.
9. Exhibits. Bookmarked PDF with consistent file naming and an exhibit index.

2. Organize for the adjuster's review

• One searchable, bookmarked PDF, or a short index plus exhibit files with matching names
• Exhibit numbers cited in the letter (e.g., "Ex. 7, p. 3")
• Records in chronological order within each provider
• A specials table whose totals match the bills exactly
• Gaps in treatment explained, not hidden
• Prior injuries and prior claims addressed as the attorney directs
• Duplicate pages and other patients' records removed (check every page)

3. California time-limited demands (CCP §999 – 999.5)

For pre-suit, time-limited demands to settle within a liability insurer's limits, California Code of Civil Procedure §999.1 (effective Jan. 1, 2023) requires the demand to be in writing, labeled as a time-limited demand or reference §999.1, and to include these material terms:

• an acceptance period of at least 30 days from transmission by email, fax or certified mail, or at least 33 days if sent by regular mail;
• a clear and unequivocal offer to settle all claims within policy limits, including satisfaction of all liens;
• an offer of a complete release of the insurer's insureds;
• the date and location of the loss;
• the claim number, if known;
• a description of all known injuries; and
• reasonable proof, which may include medical records or bills.

Under §999.2, the demand goes to the address the insurer designated with the California Department of Insurance or to the assigned claims representative. Under §999.3, a request for clarification or an extension is not by itself a counteroffer, and an insurer that does not accept must explain in writing before the deadline.

4. Nevada: claim-handling standards

Nevada has no statute equivalent to California's §999. NRS 686A.310 lists unfair claims practices by insurers. Examples include failing to acknowledge and act reasonably promptly on claim communications, and failing to effectuate prompt, fair and equitable settlements once liability has become reasonably clear. Nevada regulations (beginning at NAC 686A.600) add claim-handling standards. Keep the correspondence log clean so the attorney can rely on it.

5. Final QC before attorney sign-off

• Names, dates of birth, claim numbers and dates of loss match across every document
• Specials totals reconcile with each provider's itemized bill
• Limitations deadline confirmed by the attorney and visible in the file
• Lien and payer list complete (hospital, Medicare, Medicaid, health plan, LOP providers)
• The demand's response deadline is calendared, with follow-up dates
• Delivery method and proof of delivery saved

Get our Demand Package Checklist, or hand off the drafting. Our Demand Drafting and Package service prepares the draft for attorney review.