UNDERSTANDING THE DEMAND PREPARATION PHASE OF A PERSONAL INJURY CASE
If you’ve been injured in an accident, there comes a point in your case where treatment is underway, records are being gathered, and the focus shifts from recovery to resolution. This is known as the demand preparation phase.
This phase is one of the most important steps in a personal injury case because it is when your legal team prepares to formally present your claim to the insurance company and demand fair compensation.
In this article, we explain what the demand preparation phase means, what a demand package includes, how long it typically takes, and what your role may be during this stage.
What Is the Demand Preparation Phase?
The demand preparation phase is the stage of your case where your attorney begins organizing the evidence needed to present a complete settlement demand to the insurance company or at-fault party.
In most cases, this phase begins when one of two things happens:
You are doing significantly better and have completed most of your medical treatment, or
You have reached maximum medical improvement (MMI), meaning you are as recovered as you are likely to get
In either situation, the demand preparation phase signals that it is time to prepare your case for resolution. It is the point where your attorney’s job is to make sure every “T” is crossed and every “I” is dotted before formally requesting settlement.
Why the Demand Phase Matters
This phase marks a critical turning point in your personal injury claim. Over the months leading up to this stage, your legal team has been gathering evidence, monitoring your treatment, and tracking damages. The demand preparation phase is when all of that information is organized into a format the insurance company must evaluate.
A strong demand package can help:
Clearly establish liability
Document the full extent of your injuries
Show the financial impact of the accident
Communicate the human cost of what you’ve been through
Position your case for meaningful settlement negotiations
Insurance companies make decisions based on what is documented. This phase ensures your case is supported by evidence, not assumptions.
What Is a Demand Package?
A demand package (sometimes called a settlement opportunity package) is a comprehensive collection of documents and information that explains your case and requests a settlement amount.
This package is designed to tell the insurance company:
What happened
Why their insured is responsible
What injuries you suffered
What medical care you required
What the accident cost you financially
How the injury affected your life
The demand package is the foundation of the negotiation phase that follows.
What Documents Are Included in a Demand Package?
A demand package is built from the evidence gathered during your case. Common components include:
Medical Bills
Medical bills document the cost of treatment and are one of the clearest measurable damages in an injury claim. They may include:
Emergency room care
Imaging (X-rays, CT scans, MRIs)
Physical therapy or chiropractic treatment
Specialist visits
Injections
Surgery (if applicable)
Medical Records
Medical records are equally important because they explain:
Your diagnosis
The treatment you received
The progression of your recovery
Whether symptoms were improving or worsening
Future medical recommendations
Lost Wages
If you missed work due to your injuries, the demand package may include wage loss documentation such as:
Employer verification
Pay stubs
Time-off records
Tax documentation (in certain cases)
Other Expenses
Injury cases often include additional costs beyond medical bills, such as:
Out-of-pocket medical expenses
Mileage to and from appointments
Prescription costs
Future medical care needs
While these costs may seem small compared to medical bills, they can still be important to include.
The Most Important Part: Your Story and Pain and Suffering
The most important part of a demand package is often not the medical records — it’s you.
Insurance companies will review bills and records, but what they often fail to understand is the human impact of an injury. That is where pain and suffering comes in.
Pain and suffering refers to the physical and emotional toll the injury has taken on your life. This includes things like:
Loss of enjoyment of daily activities
Disrupted sleep
Anxiety while driving
Difficulty caring for children
Reduced ability to exercise or participate in hobbies
Strain on relationships
Ongoing discomfort
This is why your role becomes important during the demand preparation phase. Your attorney may ask you to provide specific examples of how the injury affected your life — not just general statements, but real situations and details that help humanize your claim.
The stronger and more detailed your examples are, the better your attorney can present the true impact of what you experienced.
Why This Phase Can Take Time
One of the most common frustrations clients experience during the demand preparation phase is the timeline.
A major reason this phase can take several months is because of medical records.
Even when your attorney requests medical records and bills quickly, the timeline depends on the medical providers themselves. Once records are requested, your legal team is often at the mercy of each provider’s processing time.
Your legal team will typically:
Request records and bills from every provider
Follow up repeatedly
Work to speed up the process
Ensure the records received are complete and accurate
While it can feel slow, the purpose is to ensure the demand package is fully supported and accurate before it is sent.
What Happens After the Demand Is Sent?
Once the demand package is complete and sent to the insurance company, they are typically given about 30 days to respond.
In some cases, the timeline can be longer depending on:
The complexity of the case
The volume of medical records
The settlement amount demanded
Insurance companies do not always respond on time, but your legal team will continue following up and pushing the process forward.
What Do We Need From You During This Phase?
In many cases, by the time you reach demand preparation, your legal team already has most of what is needed. However, you may still be asked for:
Confirmation of all medical providers you treated with
Wage loss documentation
Photos or videos of injuries, scarring, or recovery
A witness list of people who can speak to how your injuries affected your life
A personal statement describing the impact of the injury
These witnesses are not crash witnesses. They are the people who know you — friends, family, coworkers, neighbors, or spouses who can explain how your life changed.
Talk to a Personal Injury Lawyer Before You Send a Demand
If you’ve been injured in an accident and aren’t sure what happens next — or you’re dealing with an insurance company that isn’t taking your injuries seriously — working with an experienced personal injury law firm can make a major difference.
At McMullin Injury Law, we help injury victims throughout St. George, Cedar City, and Southern Utah understand every phase of the injury claim process and fight for a fair outcome.