One of the key areas where you need a lawyer for a truck accident is when preparing a demand package. The goal of a good demand package is to maximize the insurance company’s offer before deciding whether to take a case to trial. Information imbalances can create leverage in negotiations, but too much imbalance can result in a stalemate. The demand package should be designed to put forth, in a clear, concise and persuasive format, the best evidence you have in support of your client’s claim for damages. The demand package should contain a detailed and organized appendix with reference material and all supporting documentation. This process can be made even simpler by utilizing a variety of computer software programs.

Remember that in almost all cases, when you send a paper version of the demand package to the adjuster, they have to scan every single page. You should be cognizant of this and aim to produce documents in a digital format whenever possible. Top of mind should be on supporting claims with detailed, objective evidence. You also want to make it as easy as possible to understand, especially when complex medical issues are involved in the claim. Do not just send medical records without any context or explanation.

In general, a good demand package will address the following:

• Show with objective evidence that the impact was sufficient to cause the injuries at issue; and
• Demonstrate that the claimant did not have any prior injuries and/or pre-existing conditions of the sort at issue. If prior injuries are involved, special care should be taken to differentiate or otherwise argue for exaggeration. Show that the claimant complained of these injuries in a proximate timeframe to the accident. Remember that this may not always manifest itself in medical records – so look to social media and other sources as well.
• Demonstrate that the injuries are corroborated by diagnostic testing.
• Show that the injuries are further supported by the medical records, or expert report.