A personal injury demand letter asks the insurer to resolve a claim on stated terms. It is not a court filing, and it does not require the insurer to agree. The useful question after it is sent is not simply, “Did they make an offer?” It is, “What part of the claim does their response accept, and what evidence are they using to dispute the rest?”
Keep the exact demand and delivery record
A demand should connect responsibility for the event with the injuries and losses being claimed. Depending on the case, the package may include an incident report, photographs, witness information, medical records and bills, wage documents, and support for future care. Keep the version that was actually sent, its attachments, and proof of delivery.
If the letter asks for a response by a particular date, treat that date as a negotiation request. It is not a new filing deadline and should not replace the calendar for prescription. The broader Louisiana injury-claim process continues while the carrier evaluates the package.
Read the reason behind the response
Scroll horizontally to see all columns. Use the arrow keys when the table is focused.
| Insurer response | What to ask next |
|---|---|
| A settlement offer | Which injuries, expenses, and fault assumptions produced the number? |
| A request for records | Which issue is unresolved, and is the request limited to records relevant to that issue? |
| A liability denial | What report, statement, photograph, video, or legal rule supports it? |
| A causation dispute | Which diagnosis or period of treatment is disputed, and what medical information is missing? |
| A policy-limits position | What coverage documents support the stated limit, and are other parties or policies involved? |
| No useful response | How much time remains to investigate and file suit, and what would another letter accomplish? |
An offer shows that the insurer is willing to discuss a number. It does not necessarily mean the carrier accepts every claimed injury or expense. Get material positions in writing, including the offer amount, claimed percentage of fault, disputed treatment, missing documents, and whether future care was considered.
A counter should answer the actual dispute. A missing imaging report or payroll record may move the discussion more than repeating the original demand with a higher number. The published guide to insurance negotiations after a Louisiana injury explains why organized proof matters more than argument alone.
Compare the gross offer with the unresolved medical picture
An offer can arrive while treatment is ongoing. Before evaluating it, identify what is known about diagnosis, work restrictions, bills, expected care, and recovery. A release usually transfers the risk of later problems to the person signing it. Do not assume the settlement will pay separately for treatment that becomes necessary afterward.
The same gross offer can produce different net amounts depending on fees, case expenses, provider balances, benefit-plan reimbursement claims, workers’ compensation interests, and insurance coverage. Our article on medical liens and subrogation describes why each claimed payoff needs its own supporting basis.
Negotiation does not stop the filing clock
If the response does not resolve the case, counsel may seek a focused exchange of information, discuss mediation, explore policy limits, or file suit. Filing begins formal discovery under rules that include Code of Civil Procedure article 1422. It does not mean the case must go to trial. Negotiations often continue after suit is filed.
Civil Code article 3493.1 generally provides two years for delictual claims arising on or after July 1, 2024. Older injuries and special claims may follow different rules. A demand letter, an adjuster’s request for more records, and ongoing settlement discussions do not justify assuming prescription has stopped.
The client decides whether to accept an offer after considering the evidence, expected net recovery, alternatives, and risk. A low first offer is a reason to understand the carrier’s analysis, not an automatic instruction to accept or reject it.
For help evaluating the response to a demand in a Louisiana personal injury claim, call (225) 500-5000.
Editorial & Legal Accuracy Notice (Louisiana)
This article provides general Louisiana legal information, not advice about an individual case. Event dates, policy language, responsible parties, and the evidence may change the analysis.
Sources checked: October 4, 2026.