General questions about claim process & expenses of suit

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Latest post Thu, Sep 8 2016 11:43 AM by Taxagent. 37 replies.
  • Thu, Jun 2 2016 2:44 PM In reply to

    Re: General questions about claim process & expenses of suit

    You are free to ask questions on this website.

    Anything connected to your claim can be asked in this thread.

    Anything else should have a specific thread of its own.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Jun 12 2016 2:23 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    Is there a way to search a particular forum by search words?

    Searching using "search" under the My Community on the right near the top is not getting me to it.

  • Sun, Jun 12 2016 2:51 PM In reply to

    Re: General questions about claim process & expenses of suit

    The search feature on this site sucks but I sometimes have better luck with the advanced search feature:

    http://community.lawyers.com/search/default.aspx?q

    What are you looking for?

    I've been on this site for 15 years. I might have a knack for finding stuff.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Jun 13 2016 12:02 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    I had a screen shot of what I see after clicking the link above, so no need to post the image by me.

    In that search tool, I entered two words and got over 1,500 results. I changed the date range to January 1, 2015 to June 13, 2016 and got only 11 results. As far as I can tell is to just do a search that way using one year at a time as far as time frame and the key words. Then just click on each thread and read and hope the discussion contains what we might be looking for in our search. 

  • Thu, Aug 4 2016 1:02 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    Questions about the parts of a claim from date of acccident to date of jury award. Questions that might become related to us but all of which could apply to anyone. I searched demand letter looking for other people's questions about them so I could jump in and maybe get some answers or opinions.

    Search of those two words did not get much. 

  • Thu, Aug 4 2016 8:41 PM In reply to

    Re: General questions about claim process & expenses of suit

    You would have better success googling "personal injury demand letter" or "personal injury demand package."

    I have done that in the past and come up with a variety of sites that demonstrate samples from simple to comprehensive.

    When you have used those samples to create one of your own, feel free to scan it to photobucket (or some such) and post a link here so I can critique it for you.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Aug 9 2016 1:09 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    Thanks we have seen some sample letters. Some give a number and some do not. There must be a good reason why some lawyers do not give a number. It appears to create a ceiling. (??) 

  • Tue, Aug 9 2016 8:54 PM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:

    Thanks we have seen some sample letters. Some give a number and some do not. There must be a good reason why some lawyers do not give a number. It appears to create a ceiling. (??) 

    Ignore the ones that don't give a number. It doesn't make sense not to. Settlement negotiations are not admissable in court and a demand can be withdrawn any time.

    When I was a liability claim rep I just tossed those back and said "How much do you want?"

    If you have a price, name it, don't play the "make offer" games. Gets you nowhere.

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Aug 12 2016 3:11 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    In a room of persons a comment was made. It was nothing confidential because it was heard by all. 

    If a lawyer request an opinion letter from a doctor, when during the process might an opinion letter be needed?

    Injured parties see doctors, the doctors notes and diagnosis and opinions become medical records. Once released don't the lawyers have the chance to contact a physician to ask for clarification on this or that? Surely the doctor would not charge a fee for that?

     

     

  • Fri, Aug 12 2016 3:25 PM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:
    If a lawyer request an opinion letter from a doctor, when during the process might an opinion letter be needed?

    Basically, any time the lawyer thinks one is necessary. It could happen if the other side is disputing something in the records or it could happen when there is a discrepancy, omission, ambiguity, or contradiction in the records as well as lots of other unforeseeable possibilities.

    DanWard:
    Once released don't the lawyers have the chance to contact a physician to ask for clarification on this or that?

    Yes.

    DanWard:
    Surely the doctor would not charge a fee for that?

    He sure would. The time that the doctor takes to go back through the patient file and write a clarification is time he can't be seeing and billing other patients. You can bet he will bill for the effort. Won't be cheap either.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Aug 14 2016 1:13 PM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    The quote marks are not obvious how to use them.

    When I asked .... when in the process, I wondered if such an opinion letter would be asked for before or during settlement talks. Or to prepare for court.

    The number heard in the room was $450 to $900. Does that number tell you the type of opinion letter and at what stage a fee like that would be expected.

    A physician gave an assessment in a patient online portal conversation. That assessment was falsely interpreted as a request by the injured to get the laywer to ask for an opinion. No such request was made. It was just pointed out that in the medical records (paper and online portal) there is an assessement that could possibly be of value to the claim. 

     

     

     

  • Sun, Aug 14 2016 7:50 PM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:
    The quote marks are not obvious how to use them.

    After you click on reply, you highlight a sentence that you want quoted. Then you click on the word "quote" and the sentence drops to the new message space as a quotable sentence.

    DanWard:
    I wondered if such an opinion letter would be asked for before or during settlement talks. Or to prepare for court.

    Could happen on any of the three occasions. There is no one finite answer to that question.

    DanWard:
    The number heard in the room was $450 to $900. Does that number tell you the type of opinion letter and at what stage a fee like that would be expected.

    That tells me that the doctor is going to spend some time reviewing the patient file and dictating a report which he will then have to review for correctness and possibly edit. So, yes, that's a reasonable fee range, although I've seen them higher.

    DanWard:
    A physician gave an assessment in a patient online portal conversation. That assessment was falsely interpreted as a request by the injured to get the laywer to ask for an opinion. No such request was made. It was just pointed out that in the medical records (paper and online portal) there is an assessement that could possibly be of value to the claim. 

    You lost me.

    Did the doctor think he was asked to write a report based on what the patient said, then wrote the report and sent it out with a bill?

    Something else?

    What, exactly, is the concern.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Aug 15 2016 7:39 AM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    adjuster jack:
    Did the doctor think he was asked to write a report based on what the patient said, then wrote the report and sent it out with a bill?

    Opposite of sorts. The patient asked the doctor to acquire the records from another doctor which was only two pages and was asked to give their assessment of the current treatment plan. The doctor did personally reply back.

    The patient wanted to know if that communication was part of the medical records since it was done through online communication. Legal office person (not lawyer) misunderstood and thought the patient was requesting that the lawyer request an opinion letter. 

    ----------------------------

    How often should plaintiff and lawyer meet in person before demand letter is finalized? This 3-4 person e-mail circle is not always working well. 

  • Mon, Aug 15 2016 8:01 AM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:
    How often should plaintiff and lawyer meet in person before demand letter is finalized?

    That's another one of those questions that have to be answered: As often as necessary, or not at all.

    Why is there a 3-4 person email circle going on?

    DanWard:
    Legal office person (not lawyer) misunderstood and thought the patient was requesting that the lawyer request an opinion letter. 

    I'm still lost on the significance or consequence of that.

    DanWard:

    The patient asked the doctor to acquire the records from another doctor which was only two pages and was asked to give their assessment of the current treatment plan. The doctor did personally reply back.

    The patient wanted to know if that communication was part of the medical records since it was done through online communication.

    Depends on the doctor's office procedure. There could be a medical chart and a separate administrative record or it could be all in one. That you'll have to find out from the doctor's office. As an example, every time I call or send a note to the VA it ends up in my medical records chronologically along with notes of exams, labs, treatment, etc.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Aug 15 2016 8:32 AM In reply to

    • DanWard
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    Re: General questions about claim process & expenses of suit

    3-4 is patient, case manager, lawyer, another case manager office person. The 3 of them are vigorously involved in likely dozens of cases. For this reason they use their memory from previous communications and misunderstandings do happen. One sends a message to one of the others. That person sends a reply but c/o of the others, All trying to remember what is going on in the case. 

    If you were a lawyer (maybe you are) how often would you meet in person with the client (assume no court trial)?

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