Personal Injury Case – Phase 2 – Demand and Negotiation

​Personal Injury Case – Phase 2 – Demand and Negotiation

In this video, Sally Morin discusses the second phase of a personal injury case.

The First Phase

The first phase, as I talked about before, is the treatment and investigation phase. That is when the client gets all of the reasonable and necessary medical treatment related to the injuries they received in the accident and I start investigating the facts of the case and gathering everything up we need for the case.

The second phase is the demand and negotiation phase.

In this second phase, what I do is I take all of the information pertinent to the case (which I gathered in the treatment and investigation phase) and I put it into a packet so that I can send this to the insurance carrier and advocate for my client’s case. I also create a demand letter that goes with this demand packet.

The demand packet includes all relevant medical documents, medical billing, loss of earnings information, witness statements, photographs, photos of the scene of the accident, police reports and all other pertinent information that helps us prove our case and improve the strength of the case.

Demand Letter

In the demand letter that accompanies the demand packet, I’ll set out the story of the case – how the accident happened, why the other party is at fault for the injuries, and I also describe in great detail my client’s medical damages, pain and suffering, the loss of earnings, and how the accident and injuries impacted their life.

At the end of the letter I include a demand number, which is our monetary settlement demand amount. This is the number we use to start the back and forth settlement negotiations. Typically, we leave a little room for negotiations, because insurance companies rarely meet an opening demand with their first offer. This bargaining process is simply how insurance companies settle cases. Most of the time, they will not immediately come out and tell you how much they will settle the case for. You usually have to slowly guide them to that number with some back and forth.

Then I give the adjuster four weeks to respond to our demand, and when they do, that’s when we hit the next phase, which is the settlement or litigation phase, because we’ll go back and forth with the adjuster to try to see whether we can settle it. If we can settle it, great. If not, we have to litigate.

Stay tuned for the next video, and you’ll hear all about the third phase of a personal injury traffic accident case.

Best All-Female Personal Injury Lawyers

Sally Morin Personal Injury Lawyers is recognized as the best all-female personal injury law team in California. With nearly 50 years of combined experience, they specialize exclusively in serious injury cases involving car, motorcycle, bicycle, pedestrian, and rideshare accidents. Their compassionate, all-female team is committed to fighting aggressively for maximum compensation while providing personalized, empathetic support throughout the legal process. Based in San Francisco and Los Angeles, the firm has secured millions in settlements and verdicts for clients across California.

Known for meticulous case preparation, transparent communication, and relentless advocacy, Sally Morin Personal Injury Lawyers help injured clients navigate complex insurance claims and recover lost wages, medical expenses, and pain and suffering. Their client-centered approach and proven results make them the top choice for expert representation by a trusted all-female legal powerhouse.

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Based on 103 reviews
Karen johnson profile picture
Karen johnson
2 years ago
When I got into my accident I was really not looking for an attorney, however I became frustrated with the other parties insurance company. I then went online and found Sally Morin Law and called for a free courtesy consult. Annie quickly called me back and spent 30 minutes explaining the attorney process. This made my decision easy,,, an All female attorney group certainly did not disappoint. Annie and her team (Amber) were on the case immediately, making calls, sending emails and dealing with the other party insured (or lack of insured). I’m so pleased to have had this incredible team of ladies to help me through this process. They did all their professional expertise, none of which I was capable of. They advocated for me in every way from medical bills, insurance liens, med pay, demand letters, phone calls, emails etc. All I needed to do was send receipts, and most importantly focus on getting better. Thank u team for all u have done. I am grateful for so much,,, and I can say that making that first phone call was the best decision. Keep up the great work and helping others
Sincerely
KJJ
Michael Basti profile picture
Michael Basti
2 years ago
I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn’t just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!
Reba Roseberry profile picture
Reba Roseberry
2 years ago
I was t-boned by someone who ran a red light, totaling my car and sending me to the hospital with multiple breaks to my pelvis, among other smaller injuries. Once released from the hospital, I was confused, angry, and extremely anxious about what to do next. A friend encouraged me to seek legal help, and I found the team at Sally Morin. I was drawn to their all-women team, and immediately felt assured that I was in good hands. They took the reigns on handling everything, leaving me significantly more relieved to rest and heal like my body needed. With their help, the case was settled within four months of the accident, and I can now move forward with my life and leave this behind me. I would absolutely recommend the team at Sally Morin to anyone in a similar situation!
John Zientek profile picture
John Zientek
2 years ago
I was injured while riding my bicycle and a friend recommended Sally Morin Personal Injury Lawyers. In my experience, they made the process transparent and smooth, allowing me to focus on recovery — they were professional, empathetic, and effective! Rebecca and Carmen made a difficult time much less stressful.
Jimmy Lu profile picture
Jimmy Lu
2 years ago
My mom was in a car accident and was badly injured. We wanted her to focus on her recovery without the worries of medical bills and dealing with multiple insurance companies so we hired Sally Morin Lawyers. Fortunately we received Annie Heller who showed strong ownership of the case, dealing with all communications from medical to slow moving insurance companies. Annie and team helped us settle the case with money in my mom’s pocket, but more importantly helped all of us not worry about anything besides my mom’s recovery. thank you!
Shannon Yu profile picture
Shannon Yu
2 years ago
Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result

What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
Dee49ful profile picture
Dee49ful
2 years ago
I was very fortunate that, by pure luck, I found Sally Morin’s firm online. It wasn’t recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive, and responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported by her, and even after my case was successfully settled, she followed up with me. Thank you Annie, for your exceptional legal service!!
Amazing! After months and months of going it alone and getting nowhere with our sons accident, and struggling...badly, we were lucky enough to get refered to Sally and Rebecca.

They took over the whole case and handled everything.

The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.

They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.

I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew
Kyle Osborn profile picture
Kyle Osborn
3 years ago
Rebecca and the Sally Morin team provided invaluable support during a challenging period after our daughter was involved in a car accident. Their care, expertise, and dedication resulted in an outcome that exceeded our highest expectations. Working with them was a great experience, and I wholeheartedly recommend their services to anyone, without hesitation!
Alysia Lyons profile picture
Alysia Lyons
3 years ago
I worked with Annie on my case and had such a pleasant experience! I felt supported and understood throughout the whole process. I highly recommend Sally Morin firm. Being injured isn't pleasant, so having a team behind you that's got your back makes the experience that much better.
Ariana D profile picture
Ariana D
3 years ago
I just spent the last 8 months working with a team of caring, compassionate, relatable women for my personal injury claim. Brief background: I was hit by a car while riding my bike to work. The driver pulled out of a parallel parking space without looking and was completely at fault. Initially, he and the others in the car were very concerned, but ghosted us afterwards and made up a story in order to not take on the blame. I ended up needing surgery and costs mounted, so I sought legal advice. After much research, I settled on Sally Morin Law. The team at this law firm is invested and responsive in a very personable way. I specifically worked with Carmen and Annie. Carmen took the lead and she answered every email, text, and annoying question my husband and I sent her way. She wrote a detailed demand letter that personalized my case and thoroughly explained the impact the accident had on my life, my children's lives, and my husband's life. In the end, our own insurance policy covered the claim to the fullest amount. Additionally, Carmen was able to negotiate the medical lien to $0, and my husband received a separate smaller amount for loss of consortium. We are more than happy with the results as it’s way beyond what we expected, and completely life changing. We didn't proceed with the case thinking we would have the outcome we did, and almost didn't pursue the case. However, after spending my own money on copays, days off from work, take out, uber rides, babysitters, and special equipment, it just didn't feel right not to seek help and I am so glad that I did! I highly recommend Sally Morin Law!
Simon Unge profile picture
Simon Unge
3 years ago
Last year me and my partner was in a MC/Car accident. I was clueless on what rights we had and how to proceed with insurance claims etc. I contacted Sally Morin Personal Injury Lawyers, who guided us through the year long process in a very pedagogical manner, a lot of support, expertise and professionalism - answering any questions we had in a timely manner. Highly recommended, they made a painful experience very manageable. Thank you, Rebecca, Carmen, and Amber!

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This video and accompanying text is not intended to be a source of legal advice for any purpose. Prior results do not guarantee a similar outcome. The information in this video and text does not constitute a guarantee, warranty or prediction regarding the outcome of your case.

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Sally Morin

When life throws you a curveball—a serious injury in a traffic accident—you need more than just a lawyer.
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