Before a lawsuit is ever filed, every successful personal injury claim begins with a single, highly detailed document: the Demand Letter. Sent to the at-fault driver’s insurance company, the demand letter is the formal opening volley in the negotiation process. A poorly written demand letter signals to the insurance adjuster that you do not understand the legal system, inviting them to issue a deeply insulting lowball offer. A professionally structured demand letter, however, sets a firm ceiling and commands respect, accelerating your path to a maximum settlement.
The Anatomy of a Perfect Demand
In Florida, a successful demand letter must be meticulously organized and backed by undeniable physical evidence. It generally contains four distinct sections:
1. The Statement of Liability:
You must explicitly lay out the facts of the accident and explain exactly why their insured driver is 100% at fault. This section should reference the official Florida Uniform Traffic Crash Report, any citations issued to the driver, and statements from neutral third-party witnesses.
2. The Description of Injuries and Treatment:
This is not a brief summary; it is an exhaustive chronological timeline of your pain. You must detail your initial emergency room visit, the diagnoses (e.g., L4-L5 disc herniation), every physical therapy session, and any surgical interventions. Crucially, you must state that you have reached Maximum Medical Improvement (MMI) or outline your required future care.
3. The Itemization of Damages:
You must list every single economic loss down to the penny. This includes the total gross amount of your medical bills (before health insurance adjustments) and a verified calculation of your lost wages.
4. The Demand Amount:
The letter concludes with a specific dollar figure to settle the claim. This number represents your economic damages plus a multiplier for your non-economic damages (pain and suffering).
Setting the Strategic Ceiling
The number you put in your demand letter is the highest amount of money you can ever expect to receive without going to trial. The insurance adjuster will never counter-offer with a number higher than your demand. Therefore, you must demand a figure significantly higher than what you are actually willing to accept, leaving yourself room to negotiate downward.
However, if your demand is completely divorced from reality (e.g., demanding $1 million for a sprained wrist), the adjuster will not take you seriously and will refuse to negotiate at all.
To find the perfect “Goldilocks” number—high enough to leave negotiating room, but grounded enough to force the adjuster to the table—you must rely on objective data. Use our comprehensive 2026 valuation tools to calculate the baseline value of your injuries before drafting your letter.