Settlement and Alternative Dispute Resolution

Settlement Fundamentals

Settlement Demand

Settlement Demand

Settlement Demand

A settlement demand states what the claimant will accept and on what terms. Serious demands include a demand package: liability analysis, medical records and bills, wage loss documentation, expert or treating provider opinions, and often photographs or video.

Demands may be open-ended or carry expiration dates and conditions, which changes their legal significance substantially.

Alternative Names:

Demand, Demand Letter (Settlement)

Why it Matters?

The demand starts the clock on the defense evaluation obligation, and in liability cases it is the document that establishes what the carrier knew about exposure and when. A demand that goes unanswered or receives a late response is the most common fact pattern in bad faith litigation, so intake and calendaring of demands should be treated as a hard deadline system rather than correspondence handling.

Frequently asked questions

What should a demand package include?

Does a demand have to be answered in writing?