Trial Lawyer Resource Center

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I read with interest Mark Zamoras's blog post on demand letters.  I fully share Mark's thoughts.  Another good idea we think is to send out your discovery and the complaint with the demand package.   Our thinking is that most insurance adjusters have between 100 and 300 pending files at any given time.   As Mark indicated in his post, it is a good idea to set a certain date upon which you expect a response.  Sending the complaint and discovery also sends the right message to the claims rep in terms of getting a more immediate response.   It takes a little extra time to prepare the pleadings but will get the attention of your adjuster, particularly if you have a history of successfully trying cases against that insurance company.  

Perhaps more importantly, it will also help from an administrative point of view because there is one less time you need to meaningfully touch the file before filing suit.   One of the great benefits of being a Plaintiff's lawyer is the ability to "preload the gun" for lack of a better metaphor.   We even include in our demand packages our expert designations just because, again, it is one less filing deadline we have to meet if you have all of your filing documents ready to go.  (If you doubt the efficacy of this, get on Westlaw and look to see how disputes arise because someone failed to name experts in a timely fashion.)   Of course, you still need to note the expert's deadline in the event that new experts have been uncovered over the course of discovery. But 75% of the time, this is not the case, and you have saved yourself one more hoop to jump through.