either of these two issues: the law is on our side; we just have to persuade the suspicious and skeptical jurors and guide them toward following the law.
Demand Packages: Neat, Complete and To the Point with A Reasonable Demand
When preparing a demand package,
make sure that it is done right. Too many lawyers send out sloppy demand packages with missing medical records, missing bills, duplicate copies of junk, records that should not be in the de- mand package, calculation errors and long-winded explanations about why the client deserves $500,000 in a case with $25,000 in medical bills. Before any demand packages leave
our office, we ensure the medicals are complete, the records are reviewed and the bills and lost wages are documented.
The neater the presentation, the more confidence the adjuster will have in the attorney. I have known adjusters who have bragged about taking advantage of a plaintiff ’s attorney’s math errors. There are two schools of thought
with demand packages. We send out the records and bills and say call us. Other well respected attorneys I know send out detailed demand letters with a dol- lar figure demand. We do not view the demand as our opportunity to discuss ad nauseam what a fantastic witness our client will make and how she could not go to the first two weeks of cheerlead- ing camp this summer, or how our avid golfer client has not been back on the links. We think it is a waste of time and a way to give the adjuster or defense attor- ney ammunition. Chances are you will have conversations with your adjuster about the facts of the case where you can articulate any points you need to make.
Chances are the adjuster’s authority will not change or hinge upon anything you have added to your demand letter in addition to what is in the medical records (Colossus allegedly does have an entry for this, however, we have not seen any evidence of increased offers in cases where we discuss the adverse impacts to daily life). Second, you may inadvertently provide the adjuster or defense attorney with information that can be used against your client. When making a demand, you certainly
do not want to bid against yourself. If you are unfamiliar with the insurance company, have a case that has unusual damages, or are sending a demand in a case that involves a trucking company, you may want to wait it out and see what the carrier’s initial offer is before making a demand. However, if you are sending a demand to one of the regulars (Allstate, Nationwide, State Farm, etc.) make
Winter 2009
Trial Reporter
37
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