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
1---2name: demand-package3description: 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.4---5
6# Demand Package Compilation
7
8Assembles 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.
9
10## Prerequisites
11
12Collect before drafting:
13
14- **Incident/breach documentation** — contracts, incident reports, triggering event records
15- **Damages documentation** — bills, invoices, pay stubs, repair estimates, receipts
16- **Medical records** (if applicable) — HIPAA authorization must be confirmed
17- **Correspondence history** — emails, letters, prior settlement communications
18- **Witness statements / expert reports** (if available)
19- **Demand amount and response deadline** — confirmed with supervising attorney
20
21## Quick Start
22
23A complete package has four components assembled in order:
24
251. **Cover letter** — parties, file/claim number, transmittal statement, response deadline
262. **Demand letter** — facts, legal theories, damages, demand figure
273. **Damages calculation** — itemized by category with exhibit citations
284. **Exhibit index + exhibits** — sequentially numbered, matching letter citations
29
30## Core Workflow
31
32### 1. Draft the Demand Letter
33
34| Section | Content |
35|---|---|
36| Introduction | Client identity, adverse party, basis for claim |
37| Statement of Facts | Chronological narrative with dates, cited to exhibits |
38| Legal Theories | Causes of action, duties breached, statutory basis |
39| Damages | Itemized breakdown by category, total demand figure |
40| Liability Summary | Why liability is clear; address known weaknesses proactively |
41| Demand & Deadline | Dollar amount, response deadline, consequence of non-response |
42
43### 2. Calculate Damages
44
45**Economic** — cite supporting documentation for each:
46- Past/future medical expenses (bills, EOBs, expert projections)
47- Past/future lost wages or earning capacity (pay stubs, employer records, vocational expert)
48- Property damage / repair costs (estimates, invoices)
49- Out-of-pocket expenses (receipts)
50
51**Non-economic:**
52- Pain and suffering, emotional distress, loss of enjoyment of life
53- Loss of consortium (where applicable)
54
55**Punitive** (if applicable):
56- State legal basis and specific conduct justifying the award
57
58### 3. Organize Exhibits
59
60Number sequentially (Ex. 1, 2, 3…) in the order cited in the demand letter:
61
62| Category | Examples |
63|---|---|
64| Incident documentation | Reports, photographs, video |
65| Medical records & bills | Treatment records, EOBs, billing summaries |
66| Employment / wage records | Pay stubs, employer letters, tax records |
67| Property damage | Repair estimates, invoices |
68| Witness statements | Signed statements, affidavits |
69| Expert reports | Medical, vocational, engineering, economic |
70| Contracts & agreements | Relevant provisions highlighted |
71| Correspondence | Chronological communications with adverse party |
72| Legal authority | Statutes, regulations, key cases **[VERIFY citations]** |
73
74## Pre-Submission Checklist
75
76- [ ] Every exhibit referenced in the letter is included and labeled
77- [ ] Every factual assertion is supported by a cited exhibit
78- [ ] Damage figures match supporting documentation exactly
79- [ ] Names, dates, and entity identifiers are consistent throughout
80- [ ] HIPAA authorizations obtained for all included medical records
81- [ ] Attorney work product and privileged communications excluded
82- [ ] PII redacted (SSNs, account numbers, unrelated health info)
83- [ ] Demand amount and response deadline clearly stated
84- [ ] Package is sequentially paginated with complete exhibit index
85- [ ] All cited statutes and cases apply to the governing forum **[VERIFY]**
86
87## Common Pitfalls
88
89- **Privilege leaks** — exclude all attorney-client communications and work product without exception
90- **HIPAA violations** — never include protected health information without valid written authorization
91- **Unsupported assertions** — every factual claim needs an exhibit citation; unsupported claims undermine credibility
92- **Inflammatory tone** — keep language professional and factual; let evidence carry persuasive weight
93- **Omitting weaknesses** — address known weaknesses proactively but frame favorably; omission invites skepticism
94- **Incomplete package** — the package must stand alone; the recipient should need no supplementation to evaluate the claim
CaseMark