Thoroughness is key when preparing a settlement booklet or claim package to attempt to settle an injury case.

Here are 32 tips 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 referred to as the “demand”).

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 the medical bills.

7. Obtain all medical reports and records.

8. Mail or fax your employer a LETTER OF REQUEST FOR LOST WAGES. 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 due to the accident.

9. Once you have received the lost wage 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 utilities up to date.

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

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

13. Have any of the doctors predicted a specific need for future treatment? If so, add the amounts to the end of the SUMMARY OF MEDICAL SPECIALS. (Place a copy of future medical documentation in the future medical claim section.)

14. Read medical records and reports to identify any problem areas. (As you read, if another doctor/clinic is mentioned, check 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 or underinsured motorist case, collect information that is evidence of the existence of an uninsured or underinsured motorist.

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

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

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

20. Correction of the DEMAND LETTER, SUMMARY OF MEDICAL SPECIALS, SUMMARY OF MEDICAL FUTURES and SUMMARY OF LOST WAGES. Check the date of the accident on the accident report against the date on the letter.

21. Check the verdict amounts in comparable verdicts with 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 SPECIALS SUMMARY and compare them for accuracy with the amounts on the actual bills.

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

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

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

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

30. After copying the claim packet, review it page by page to make sure each page has been copied and the pages are facing up. Make sure the highlighted elements are highlighted in the copy.

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

32. Follow-up calendar in five days with adjuster. You want to make sure the package arrived. You’ll also want to ask the claims adjuster how long it will take to review it and get back to you with a response.

Summary

The care and thoroughness of your settlement 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 simply a summary of one lawyer’s experience in one jurisdiction. Seek legal advice from a competent attorney in her state or conduct your own legal research on any relevant legal issues.