Settlement Process

Demand Letter Guide

A demand letter is a formal document sent to the at-fault party's insurance company outlining your claim and the compensation you are seeking. A well-crafted demand letter is the foundation of settlement negotiations in a Colorado personal injury case.

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What to Include

  1. Statement of facts: Detailed description of the accident, including date, location, and how it occurred
  2. Liability analysis: Why the other party is at fault, citing evidence
  3. Injury description: Detailed account of all injuries and their impact
  4. Medical treatment summary: Chronological list of all treatment received
  5. Damages calculation: Itemized economic and noneconomic damages
  6. Demand amount: The specific dollar amount you are seeking
  7. Response deadline: Typically 30 days

Colorado-Specific Considerations

  • Reference the applicable statute of limitations
  • Address comparative fault preemptively
  • Note the noneconomic damage cap and whether it should be increased
  • Include bad faith notice if applicable (C.R.S. § 10-3-1115)

Frequently Asked Questions

The demand is typically higher than what you expect to settle for, leaving room for negotiation. A common approach is 2-3x what you would accept.
The insurer typically responds within 30 days with an initial offer, usually far below your demand. Negotiation follows.
You can, but demand letters from attorneys carry more weight. Insurance companies know an attorney will file a lawsuit if negotiations fail.

Related Guides

How Personal Injury Settlements Work → Dealing with Insurance Adjusters → How Insurance Claims Work in Colorado →

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