Demand Package

---
name: demand-package
description: 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.
tags:
  - drafting
  - letter
  - litigation
---

# 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:

1. **Cover letter** — parties, file/claim number, transmittal statement, response deadline
2. **Demand letter** — facts, legal theories, damages, demand figure
3. **Damages calculation** — itemized by category with exhibit citations
4. **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

- [ ] Every exhibit referenced in the letter is included and labeled
- [ ] Every factual assertion is supported by a cited exhibit
- [ ] Damage figures match supporting documentation exactly
- [ ] Names, dates, and entity identifiers are consistent throughout
- [ ] HIPAA authorizations obtained for all included medical records
- [ ] Attorney work product and privileged communications excluded
- [ ] PII redacted (SSNs, account numbers, unrelated health info)
- [ ] Demand amount and response deadline clearly stated
- [ ] Package is sequentially paginated with complete exhibit index
- [ ] All cited statutes and cases apply to the governing forum **[VERIFY]**

## 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