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name: demand-package language: en 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

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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