Thoroughness is the key when preparing a settlement booklet or lawsuit package to attempt settlement of an injury case.

Here are 32 tips gleaned from over 20 years of experience including a checklist or template to make sure your brochure is as complete as possible.

(Note: In this checklist, the “settlement booklet” is sometimes called the “claim.”)

1. Request the PIP/MedPay payment book from your insurance company (the company of the car you were in at the time of the accident).

2. Receive the PIP/MedPay payment book.

3. Check the ledger for other doctors, clinics, prescriptions, etc. that you had overlooked.

4. Make a complete list of all your doctors, hospitals, etc.

5. Request an impairment rating or final narrative report letter from one of your treating physicians.

6. Get all medical bills.

7. Obtain all medical reports and records.

8. Mail or fax your employer a LOST WAGES REQUEST LETTER. This asks your employer’s human resources department to:

1) your hourly wage at the time of the accident, and
2) how many hours were lost because of the accident.

9. Once you have received the lost wages information from the employer, calculate the lost wages.

10. Check dates of service on ALL medical bills, prescriptions, reports, records, etc. Make sure bills are up to date and include all services up to date.

11. Organize medical bills in chronological order by keeping all bills from one doctor/clinic together, then list each doctor/clinic and that clinic’s total expenses on the MEDICAL SPECIAL SUMMARY in the same order. Note: In injury cases, medical bills are known as “special doctors.”

12. Check the recipes. Add to SUMMARY OF MEDICAL SPECIALS.

13. Have any of the physicians predicted a specific need for future treatment? If so, add the amounts at the end of the MEDICAL SPECIAL SUMMARY. (Place a copy of the future medical documentation in the section of future medical demand).

14. Read medical records and reports to identify any problem areas. (As you read, if another doctor/clinic is mentioned, check it to see if there are any more medical bills.

15. Organize medical records and reports in reverse chronological order.

16. If it is an uninsured/underinsured motorist case, collect information that is evidence of the existence of an uninsured/underinsured motorist.

17. Obtain liability investigation or jury verdict. Note: If there is an issue regarding liability, it is helpful to attach legal research that supports your position. This can be obtained from a law library.

18. Draft APPLICATION LETTER. This is the cover letter for your brochure that summarizes all the information.

19. Write DEMAND LETTER, SPECIAL MEDICAL SUMMARY, FUTURE MEDICAL SUMMARY, and LOST WAGES SUMMARY.

20. Correction to DEMAND LETTER, SUMMARY OF MEDICAL SPECIALS, SUMMARY OF PROSPECTED PHYSICIANS, and SUMMARY OF LOST WAGES. Check the date of the accident on the accident report with the date of the letter.

21. Check the verdict amounts in verdicts comparable to what is written in the demand letter.

22. Check the spelling of medical terms and the names of doctors, clients and adjusters.

23. Verify that all dollar amounts and numbers are correct numbers.

24. Check all dollar totals with an adding machine. This may seem trivial, but your accuracy will reflect on your credibility.

25. Check the names and amounts on the MEDICAL SPECIAL SUMMARY and compare them to see if they are accurate with the amounts on the actual bills.

26. Place divider sheets in appropriate places to divide the demand packet into sections.

27. Complete the DEMAND LETTER, SPECIAL MEDICAL SUMMARY, FUTURE MEDICAL SUMMARY, and LOST WAGES SUMMARY.

28. Make sure the letter is signed before you copy it. Copy the entire application package; make an EXACT copy of what you send to the insurance company.

29. Make sure the divider tabs are “inside” for each section and are labeled on both the lawsuit and your copy.

30. After copying the lawsuit packet, go through it page by page to make sure each page has been copied and that the pages are facing up. Make sure the highlighted items are highlighted in the copy.

31. Mail or hand-deliver the claim packet/settlement booklet to the insurance company.

32. Five-day tracking calendar with adjuster. He wants to make sure the package arrived. You will also want to ask the claims adjuster how long it will take to review it and get back to you with an answer.

Summary

The care and thoroughness of your clearance brochure will be reflected in the size of the offer. Build credibility and trust by being complete and accurate. Good luck!

Disclaimer

This article does not constitute legal advice, but is merely a summary of a lawyer’s experience in a jurisdiction. Seek legal advice from a competent attorney in her state or conduct your own legal research on any relevant legal issues.

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