How Does a Pre-Litigation Demand Letter Work in a Colorado Personal Injury Case?
After a car accident, a slip and fall, or another sudden injury, medical bills start arriving long before anyone talks about a lawsuit. Somewhere in that early conversation with an attorney, the phrase “demand letter” tends to come up, and it can sound like one more confusing step in an already overwhelming process. Knowing what this letter actually does, what goes into it, and what happens after it lands on an insurance adjuster’s desk can help you feel more prepared for what comes next in a Colorado personal injury case.
At Mintz Law Firm, we walk Colorado clients through this stage of a case every day. Our attorneys build demand letters designed to show an insurance company we have the evidence, the documentation, and the resolve to support every dollar we are asking for on a client’s behalf.

What Is a Demand Letter and Why It Matters
A demand letter is a written summary sent to the at-fault party’s insurance company once an attorney has gathered enough information to put a value on the claim. It lays out how the accident happened, why the other party is responsible, what injuries the client suffered, and what those injuries have cost so far. The goal is simple, open settlement talks before anyone has to step into a courtroom.
Timing matters here. Sending a demand letter too early, before a doctor has a clear picture of long-term treatment needs, can leave money on the table if future surgeries or ongoing care turn out to be necessary. Most Colorado personal injury attorneys wait until a client has finished treatment or reached a point where the medical picture has stabilized before sending a demand.
What Goes Into a Strong Demand Letter
A well-built demand letter does more than ask for money. It gives the insurance adjuster everything needed to justify a fair settlement to their own supervisors, which is often the difference between a quick resolution and months of back and forth. In a car accident claim or another personal injury matter, a strong letter typically includes the following details.
- A clear account of how the accident happened and why the other party is at fault
- Medical records and bills documenting the diagnosis and treatment received
- Lost wages or reduced earning capacity tied directly to the injury
- Pain, suffering, and the impact the injury has had on daily life
- A specific dollar amount the client is asking for in settlement
Leaving out any one of these pieces gives the insurance company an opening to undervalue the claim or delay a response.
What Happens After the Insurance Company Receives the Letter
Once the adjuster reviews the demand, they may accept the amount requested, reject the claim entirely, or come back with a lower counteroffer. That first offer is almost always lower than what the letter asked for, and it is not necessarily a final answer. It is the opening move in a negotiation.
From there, an attorney typically handles every phone call and email exchange with the adjuster so a client does not accidentally say something that hurts the value of the claim. Rounds of counteroffers can continue for weeks or months until both sides land on a number that reflects the injuries and losses involved.
When Negotiations Do Not Lead to a Fair Settlement
Not every claim resolves through the demand letter process. When an insurance company refuses to offer a reasonable amount, an attorney can file a lawsuit instead of continuing to negotiate. Colorado law requires drivers to carry at least $25,000 per person and $50,000 per accident in liability coverage, according to the Colorado Division of Insurance, though those limits are not always enough to cover a serious injury. Our firm’s case results reflect what can happen when a fair settlement is not on the table and a case moves toward litigation instead.
Filing a lawsuit does not mean the case must go to trial. Many claims still settle once a case is in the court system, but having that option in reserve gives an attorney real leverage during negotiations.
Mintz Law Firm Is Ready to Help With Your Demand Letter
Our attorneys bring more than 300 years of combined experience to every demand letter we send, and our firm has recovered more than $20 million annually for clients in the years going back to 2016. Founder David J. Mintz has represented injured people throughout Colorado for more than 35 years, and managing attorney Eric C. Staton has spent over 15 years helping people through personal and work-related injury claims. We work on a contingency fee basis, so a client owes no fees unless we recover compensation on their behalf.
If you are dealing with an accident and are not sure how the demand letter process works, our team can review the details of your case and explain what to expect at every stage. Reach out today through our contact form to schedule a free consultation.