Personal Injury Demand Summary
Synthesizes case materials into a persuasive demand summary for settlement negotiations or internal case evaluation.
Prerequisites
Gather before starting:
- Case file: police/incident reports, witness statements, photos, correspondence
- Medical records: ER through current treatment, imaging, surgical notes, discharge summaries
- Billing records: itemized medical bills from all providers
- Wage records: pay stubs, tax returns, employer verification letters
- Expert reports (if available): life care plans, vocational assessments, accident reconstruction
- Insurance info: known policy limits, prior adjuster correspondence
Quick Start
Structure the demand summary in five sections:
- Executive Overview — incident snapshot and demand amount
- Liability Analysis — duty, breach, evidence, comparative fault
- Injury Documentation — chronological treatment narrative
- Damages Itemization — economic + non-economic breakdown
- Settlement Positioning — verdicts, risk assessment, terms
Core Workflow
1. Executive Overview
Include: incident date/location, parties, case type (MVA / premises / product defect / med mal), one-sentence liability theory, total demand amount.
2. Liability Analysis
3. Injury Documentation (Chronological)
Organize by treatment phase:
- Emergency/acute: date, facility, complaints, diagnoses, imaging
- Surgical: procedures, dates, operative findings, hardware
- Post-op/rehab: PT/OT frequency/duration, progress, functional benchmarks
- Ongoing/maintenance: current treatment, medications, remaining complaints
- Prognosis: MMI status, permanent impairments, future treatment needs
Distinguish objective findings (imaging, labs, surgical notes) from subjective complaints. For pre-existing conditions, delineate aggravation vs. new injury causation.
4. Damages Itemization
Economic damages — itemize each with source and amount:
- Past medical expenses (by provider, date, amount)
- Future medical expenses (life care plan or physician projection)
- Past lost wages (employment records, pay period, rate)
- Future lost earning capacity (vocational expert or wage analysis)
- Out-of-pocket (transportation, home mods, Rx, assistive devices)
Non-economic damages — support each with specific evidence:
- Pain and suffering (treatment intensity, duration, medication)
- Emotional distress (mental health treatment, documented impact)
- Loss of enjoyment of life (activities curtailed, before/after)
- Permanent disfigurement/disability (functional limitations, rating)
- Loss of consortium if applicable (spousal testimony, relationship impact)
Present totals: economic subtotal + non-economic subtotal = total demand.
5. Settlement Positioning
Pitfalls and Checks
- Every factual assertion must trace to a specific document — cite by document name/date
- Flag documentation gaps needing additional discovery
- Do not fabricate medical causation — rely on treating physician opinions only
- Note jurisdiction-specific damage caps (e.g., non-economic caps) if applicable
- Mark unverified legal citations with
[VERIFY]
- Maintain persuasive but professional tone — specific human impact, not emotional appeals
- Present damages credibly with negotiation room
1---2name: pi-demand-summary3description: Generates structured personal injury demand summaries covering liability analysis, chronological injury documentation, itemized damages, and settlement positioning. Covers MVA, premises liability, product defect, and medical malpractice claims. Use when preparing settlement packages, demand letters, pre-trial evaluations, or insurance adjuster negotiations for plaintiff-side PI matters.4---5
6# Personal Injury Demand Summary
7
8Synthesizes case materials into a persuasive demand summary for settlement negotiations or internal case evaluation.
9
10## Prerequisites
11
12Gather before starting:
13
14- **Case file**: police/incident reports, witness statements, photos, correspondence
15- **Medical records**: ER through current treatment, imaging, surgical notes, discharge summaries
16- **Billing records**: itemized medical bills from all providers
17- **Wage records**: pay stubs, tax returns, employer verification letters
18- **Expert reports** (if available): life care plans, vocational assessments, accident reconstruction
19- **Insurance info**: known policy limits, prior adjuster correspondence
20
21## Quick Start
22
23Structure the demand summary in five sections:
24
251. **Executive Overview** — incident snapshot and demand amount
262. **Liability Analysis** — duty, breach, evidence, comparative fault
273. **Injury Documentation** — chronological treatment narrative
284. **Damages Itemization** — economic + non-economic breakdown
295. **Settlement Positioning** — verdicts, risk assessment, terms
30
31## Core Workflow
32
33### 1. Executive Overview
34
35Include: incident date/location, parties, case type (MVA / premises / product defect / med mal), one-sentence liability theory, total demand amount.
36
37### 2. Liability Analysis
38
39- [ ] Identify defendant's specific acts/omissions constituting breach
40- [ ] Cite supporting evidence: police reports, eyewitness accounts, expert opinions
41- [ ] Reference applicable legal standards (traffic laws, building codes, statutes)
42- [ ] Address and rebut comparative fault arguments
43- [ ] State liability apportionment conclusion
44
45### 3. Injury Documentation (Chronological)
46
47Organize by treatment phase:
48
49- **Emergency/acute**: date, facility, complaints, diagnoses, imaging
50- **Surgical**: procedures, dates, operative findings, hardware
51- **Post-op/rehab**: PT/OT frequency/duration, progress, functional benchmarks
52- **Ongoing/maintenance**: current treatment, medications, remaining complaints
53- **Prognosis**: MMI status, permanent impairments, future treatment needs
54
55Distinguish **objective findings** (imaging, labs, surgical notes) from **subjective complaints**. For pre-existing conditions, delineate aggravation vs. new injury causation.
56
57### 4. Damages Itemization
58
59**Economic damages** — itemize each with source and amount:
60
61- Past medical expenses (by provider, date, amount)
62- Future medical expenses (life care plan or physician projection)
63- Past lost wages (employment records, pay period, rate)
64- Future lost earning capacity (vocational expert or wage analysis)
65- Out-of-pocket (transportation, home mods, Rx, assistive devices)
66
67**Non-economic damages** — support each with specific evidence:
68
69- Pain and suffering (treatment intensity, duration, medication)
70- Emotional distress (mental health treatment, documented impact)
71- Loss of enjoyment of life (activities curtailed, before/after)
72- Permanent disfigurement/disability (functional limitations, rating)
73- Loss of consortium if applicable (spousal testimony, relationship impact)
74
75Present totals: economic subtotal + non-economic subtotal = total demand.
76
77### 5. Settlement Positioning
78
79- [ ] Cite comparable jury verdicts in the jurisdiction
80- [ ] Note policy limits considerations
81- [ ] Assess litigation risk (strengths and vulnerabilities)
82- [ ] Evaluate causation strength
83- [ ] Estimate comparative fault exposure percentage
84- [ ] Set response deadline and conditions (confidentiality, structured settlement, liens)
85
86## Pitfalls and Checks
87
88- **Every factual assertion must trace to a specific document** — cite by document name/date
89- **Flag documentation gaps** needing additional discovery
90- **Do not fabricate medical causation** — rely on treating physician opinions only
91- **Note jurisdiction-specific damage caps** (e.g., non-economic caps) if applicable
92- Mark unverified legal citations with `[VERIFY]`
93- Maintain persuasive but professional tone — specific human impact, not emotional appeals
94- Present damages credibly with negotiation room
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