| name | demand-package |
| language | en |
| description | Compiles pre-suit or pre-settlement demand packages for U.S. commercial litigation plaintiffs. Assembles demand letter, damages calculation, and exhibit set. Use when drafting demand packages, pre-litigation settlement demands, or breach-and-cure notices. |
| tags | ["drafting","letter","litigation"] |
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
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
