What Happens After My Lawyer Sends a Demand Letter?
Written by Bob Katz Law reviewed by Timothy J. Capurso
Personal InjuryKey Takeaways
- A demand letter outlines injuries, losses, and the compensation amount sought from the responsible party.
- Supporting evidence, including medical records and accident reports, can strengthen the foundation of a demand letter.
- A demand letter typically covers facts, liability, injuries, damages, and a deadline for the insurer to respond.
- After receiving a demand letter, the opposing party may accept, reject, or counter the claim.
- Maryland’s three-year statute of limitations governs when a personal injury lawsuit must be filed if settlement talks fail.
When medical bills have accumulated and time away from work has added up, the demand letter marks the beginning of formal accountability. Understanding what happens after my lawyer sends a demand letter in Baltimore gives you a realistic picture of what comes next and how long the process may take. At Bob Katz Law, our Baltimore Personal Injury Attorney team can guide clients through every stage of a personal injury claim, from the first letter to final resolution.
Get Help With a Free Consultation
What Is a Demand Letter?
In Maryland, a demand letter is the formal written document that initiates settlement negotiations after an injury claim. It lays out the nature of the dispute, identifies the compensation being sought, and serves as the standard mechanism for resolving a claim before litigation becomes necessary.
A demand letter identifies the injured party, how the injury occurred, and the compensation being sought. It puts the at-fault party and their insurer on notice and establishes a deadline for their response.
Supporting Evidence
Supporting documentation reinforces every claim made in a demand letter. Medical records establish the nature and extent of injuries. Bills, pay stubs, and photographs document economic losses and connect the injury to the responsible party. Strong documentation not only supports settlement negotiations but can also become important evidence if litigation later becomes necessary. Under Maryland Rule 2-402, parties may obtain discovery regarding relevant information once a lawsuit has been filed. Building a demand letter with thorough supporting evidence lays the foundation for litigation if negotiations fail.
Next Steps
Once your attorney sends the demand letter, the response period typically runs 30 days, though insurers may request additional time. Your Baltimore personal injury attorney will monitor the deadline and advise you on how to proceed based on whatever response is received.
Sections of a Demand Letter
A well-prepared demand letter follows a deliberate structure. Each section builds the argument for why compensation is owed and how the amount was calculated:
- Statement of Facts: A chronological account of the incident, including the date, location, and circumstances.
- Liability: An explanation of how the other party’s negligence caused the harm.
- Injuries and Medical Treatment: A summary of diagnoses, procedures, and ongoing care needs.
- Economic Damages: Documentation of medical expenses, lost wages, and out-of-pocket costs.
- Non-Economic Damages: An accounting of pain, suffering, and the injury’s impact on daily life.
- Settlement Demand: The specific amount sought and a response deadline.
Gaps or inconsistencies in any section give insurers a reason to dispute the claim or delay a response.
What Happens After Receiving the Demand Letter?
Once the insurer receives the demand letter, a claims adjuster reviews the file, assesses liability, and evaluates whether the demand aligns with their internal valuation. Several outcomes are possible. The insurer may accept the demand in full, resulting in a settlement agreement and payment. More commonly, the insurer issues a counteroffer below the original demand, opening the negotiation phase. In some cases, the insurer denies the claim entirely, citing questions about liability or the extent of injuries.
A denial does not end the process; it typically signals that litigation may be necessary. Understanding what happens after my lawyer sends a demand letter at each of these stages helps you respond with clarity rather than surprise.
How Long Can I Expect to Get a Settlement After Sending a Demand Letter?
One of the most common questions after a demand letter is how long it will take to reach a settlement. Settlement timelines vary based on case complexity, injury severity, and the insurer’s response time. Some cases resolve within weeks, while others take several months, especially when liability is disputed or treatment is ongoing. Waiting until you reach maximum medical improvement before sending the letter can produce a more accurate accounting of losses and a stronger negotiating position.
If negotiations stall, filing a lawsuit becomes the next step. Under Maryland Rule 2-101, a civil action is commenced by filing a complaint with a court. Maryland’s statute of limitations generally gives personal injury claimants three years from the date of injury to file suit, and missing that deadline eliminates the right to pursue compensation entirely.
Settlement Negotiation Timeline
Although every case follows its own path, many personal injury claims move through a similar settlement process, including:
- Demand Sent: Your attorney submits the letter with all supporting documentation.
- Insurer Review: The adjuster reviews the file, typically over two to six weeks.
- Counteroffer Received: The insurer responds with a lower figure, and your attorney evaluates the offer.
- Negotiation Rounds: Both sides exchange offers, with most claims settling after two to four rounds.
- Settlement Agreement: Once a number is agreed upon, a release is signed, and payment is issued.
Cases involving severe injuries, disputed liability, or multiple defendants tend to take longer.
Should I Hire an Attorney to Help Me With My Demand Letter?
Insurers routinely deal with unrepresented claimants, and they can use that to their advantage. Low initial offers, delayed responses, and requests for unnecessary documentation are common tactics.
An attorney brings credibility to the process. A demand letter that cites Maryland law, attaches complete documentation, and reflects an accurate valuation signals that the claim will be pursued seriously. Most personal injury attorneys work on a contingency basis, meaning no fees are owed unless a recovery is obtained.
Contact An Experienced Baltimore Personal Injury Attorney
The demand letter sets the tone for everything that follows. For anyone asking what happens after my lawyer sends a demand letter, the answer depends on how well your claim was documented and who is advocating for you. Our team at Bob Katz Law can prepare every demand letter with the evidence and legal support it needs. Contact us at (410) 576-4287 to discuss your personal injury claim.
Timothy J. Capurso
Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.
Contact Timothy J. Capruso