Do you prefer to make an initial demand or leave your demand letter open and allow them to make the first offer? Why?

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I never leave it open - by the time we’re at the demand stage, I already know the meds, injuries & I’ve done a policy lookup. My demands are either the policy limit, or within 10-15% of what I’d take for the case.

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As a defense man, I’m usually going to ask for a demand but if you don’t make one… I’m just gonna start grinding out hours…

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This

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I make a demand. If you leave it open I’ve found they just won’t respond. But I do med mal. Auto is different. Demands happen in auto regardless most of the time

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Thank you. I did auto for 3 years, got away from plaintiffs work, and now do section 1983 claims, mainly against school districts. I’ve been debating whether to start leaving my demand letters open.

It depends on the type of case you’re dealing with.

Used to do auto (left them open). How about with section 1983/civil rights claims?

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