Provisions to be observed before drafting a demand letter
- Download all medical and billing records from Filevine.
- Download all Wage Loss material.
- Download the Police Report for the case. If there is none, check whether the option for “Police Report” is set to “No” or “Yes” in the Intake Tab.
If it is set to “Yes”, ask the Case Manager for it. If the option is set to “No”, draw the information from Intake Tab > Description of the Accident.
- Check whether there is a Client Story (Intake Tab > Notes). If it isn’t there, check the communications tab, or ask the Case Manager.
- Exclude irrelevant personal information about the client’s private life that doesn’t impact the medical record. If in doubt, do consult with your supervisor.
- Download the LOR for the insurance company to whom we are addressing the demand, as well as any correspondence they have sent. This will allow you to establish the policyholder.
- Review communications tab to ensure you are in full knowledge of any important information that is relevant to the demand (Fractures, Brain injury, Pedestrian Accident).
- Double check or ask the Case Manager whether the CL had any accidents within the year before or after the claim we are pursing. Make sure to purge any references to the other accidents on the medical records.
On the Editing of Documents
Before drafting the demand, it is crucial to review and edit the documents we will be using as sources or information and exhibits. Open all documents, organize them according to medical providers, and ensure they are complete. You must verify, too, that treatment dates on the medical records are aligned with those on the billing records.
Within the medical and billing records, the focus for editing or removal includes:
- References to a prior accident or issues that may have impacted the client’s recovery (e.g., Slip and Fall) should be edited or removed.
- Any reference or mention of the insurance company, regardless of whether it is UIM or 3P.
- Any mention of our Firm as the client’s guarantor or payer.
- Claim numbers or references to the legal process of the accident.
- Information that is merely administrative.
- Medical conditions unrelated to the accident that are a part of our client’s sphere of privacy.
