The Medical Phase of Your Personal Injury Lawsuit

Before your personal injury attorney can settle your case, you must have completed all of your medical treatment and all the reports and records must be received by your Paralegal and Medical Legal Assistant. You will need releases from every healthcare provider in order to show that it is ok for you to return to work, if appropriate. If you missed work, your Paralegal will send for a statement from your employer stating the number of hours you missed from work and your salary, along with a calculation of the amount of money you lost. This all takes time, so be patient. Some healthcare providers respond quickly, others are slow. Here is a partial list of the items you should provide to your Paralegal and Medical Legal Assistant as your treatment progresses:

• A log, or list, with all of your to-and-from mileage for appointments, trips to the pharmacy, or any other trips related to your accident.
• Copies of any medical related documents you may receive, including the little card you get when a new appointment is scheduled for you.
• The receipts for any medical appliances or equipment you need.
• Copies of all prescription receipts showing exactly what you were prescribed, the prescribing doctor, and how much you paid.
• If any healthcare provider refers you to another healthcare provider, give this information to the Medical Legal Assistant right away so she can begin to accumulate your treatment and medical records and reports from the new healthcare provider. Sometime during this period, make a list of any personal or business related items that may have been destroyed in your vehicle and bring this to your Paralegal.

When all the records are in and your file is complete, your Paralegal and attorney will meet and prepare a Demand Letter. This letter will be sent either to the other driver, his/her attorney, or his/her insurance representative. In this letter, your attorney will recap following:

• The facts of the accident
• Your injuries and treatments to date
• Any future treatment you may need
• Your loss of earnings
• If your future earnings have been diminished by the accident, your attorney will calculate what you would have earned if the accident hadn't occurred, and include this amount in the letter
• Other damages as your attorney sees fit, such as Pain and Suffering

The attorney will give the other side a fixed amount of time to respond to the Demand Letter. Oftentimes, the insurance representative or attorney of the other driver will call your attorney with a counter-offer. It is your attorney's responsibility to present this counter-offer to you. Your attorney can advise you on the counter-offer, but the final decision is always yours to make. If no response is received or no acceptable offer to settle is presented, your attorney will discuss the next step with you - filing a lawsuit against the responsible party.