| Thoroughness is the key when preparing a settlement | | | | obtained from a law library. |
| brochure or demand package to attempt settlement | | | | 18. Draft DEMAND LETTER. This is the cover letter |
| of an injury case. | | | | for your brochure that summarizes all of the |
| Here are 32 tips gleaned from over 20 years | | | | information. |
| experience that comprise a checklist or template to | | | | 19. Type DEMAND LETTER, MEDICAL SPECIALS |
| make sure your booklet is as complete as possible. | | | | SUMMARY, FUTURE MEDICALS SUMMARY, and |
| (Note: in this checklist the "settlement brochure" is | | | | LOST WAGES SUMMARIES. |
| sometimes called the "demand.") | | | | 20. Proofread DEMAND LETTER, MEDICAL |
| 1. Order PIP/MedPay payments ledger from your | | | | SPECIALS SUMMARY, FUTURE MEDICALS |
| insurance company (the company of the car you | | | | SUMMARY, and LOST WAGES SUMMARY. Check |
| were in at the time of the accident.) | | | | date of accident on accident report against the date in |
| 2. Receive the PIP/MedPay payments ledger. | | | | letter. |
| 3. Check the ledger for any other doctors, clinics, | | | | 21. Check verdict amounts in comparable verdicts with |
| prescriptions etc. that you had overlooked. | | | | what is typed in demand letter. |
| 4. Make a complete list of all of your doctors, hospitals | | | | 22. Check spelling on medical terms, and on doctors', |
| etc. | | | | clients' and adjusters' names. |
| 5. Request impairment rating or final narrative report | | | | 23. Check to see that all dollar amounts and numbers |
| letter from one of your treating doctors. | | | | are correct numbers. |
| 6. Obtain all Medical Bills. | | | | 24. Check all dollar totals with an adding machine. This |
| 7. Obtain all Medical Reports and records. | | | | may seem trivial but your accuracy will reflect on your |
| 8. Mail or fax to your employer a LOST WAGES | | | | credibility. |
| REQUEST LETTER. This asks your employer's | | | | 25. Check names and amounts on MEDICAL |
| human resources department for: | | | | SPECIALS SUMMARY and compare them for |
| 1) your hourly wage at time of accident, and | | | | accuracy with the amounts on the actual bills. |
| 2) how many hours were missed because of the | | | | 26. Place divider sheets in appropriate places so as to |
| accident. | | | | divide the demand package into sections. |
| 9. Once you have received lost wages information | | | | 27. Finalize DEMAND LETTER, MEDICAL SPECIALS |
| from employer, calculate lost wages. | | | | SUMMARY, FUTURE MEDICALS SUMMARY, and |
| 10. Check dates of service on ALL medical bills, | | | | LOST WAGES SUMMARY. |
| prescriptions, reports, records, etc. Make sure bills are | | | | 28. Make sure letter is signed before copying. Copy |
| current and include all services to date. | | | | entire demand package; make an EXACT copy of |
| 11. Arrange medical bills in chronological order, keeping | | | | what you send to the insurance company. |
| all of one doctor's/clinic's bills together, then list each | | | | 29. Make sure divider tabs are "in" for each section |
| doctor/clinic, and total expenses from that clinic, on | | | | and are labeled in both demand and your copy. |
| MEDICAL SPECIALS SUMMARY in same order. Note: | | | | 30. After copying the demand package, go through it |
| in injury cases, medical bills are known as "medical | | | | page by page to make sure that every page got |
| specials." | | | | copied, and that pages are facing up. Be sure |
| 12. Check for prescriptions. Add to MEDICAL | | | | highlighted items get highlighted on copy. |
| SPECIALS SUMMARY. | | | | 31. Mail or hand deliver the demand package |
| 13. Have any of the doctors predicted a specific need | | | | settlement booklet to insurance company. |
| for future treatment? If so, add amounts to bottom of | | | | 32. Calendar for follow up in five days with adjuster. |
| MEDICAL SPECIALS SUMMARY. (Place a copy of | | | | You want to make sure the package arrived. You |
| future medicals documentation in future medicals | | | | also want to ask the claims adjuster how long it will |
| section of demand.) | | | | take her to review it and get back to you with a |
| 14. Read medical records and reports to identify any | | | | response. |
| problem areas. (In reading, if another doctor/clinic is | | | | Summary |
| mentioned check on it to see if there are more | | | | The care and thoroughness of your settlement booklet |
| medical bills. | | | | will be reflected in the size of the offer. Build credibility |
| 15. Organize medical records and reports in reverse | | | | and trust by being complete and accurate. Good luck! |
| chronological order. | | | | Disclaimer |
| 16. If this is an uninsured/underinsured motorist case, | | | | This article does not constitute legal advice but is |
| gather information that is evidence of existence of an | | | | merely a summary of the experience of one attorney |
| uninsured or underinsured motorist. | | | | in one jurisdiction. Seek legal advice from a competent |
| 17. Obtain liability or jury verdict research. Note: if there | | | | attorney in your state or perform your own legal |
| is an issue as to liability it is helpful to enclose legal | | | | research as to any relevant legal issues. |
| research that supports your position. This may be | | | | |