Areas Of Assistance
You might ask the legal assistant to:
- Assist you in the preparation of the demand letter.
- You will need the accident report, your notes and diaries, your
employment and medical records.
- You can ask the legal assistant to interpret the officer's marks on his
- Who does he say is at fault and why?
- What strengths and weaknesses do you see for me in the accident report?
- How should I discuss a pre-existing medical condition in this demand
- Would you recommend using lay witness testimony on loss of work, or
loss of enjoyment of life or any other topic?
- Will you please review the draft outline I have sent and help to fill
in the sentences?
- Will you make the lay witness certified statement for me given the
summary of testimony I have provided?
- How do I calculate my special damages?
- Do you agree with my assessment and request for general damages?
- Will you straighten up my demand letter and make it flow better with a
You might ask a medical assistant or a chiropractic assistant:
- What is the meaning of the undecipherable handwriting you have found in
your medical record?
- What is the meaning of the shorthand?
- Does the doctor attribute my injury to the accident? What does the
doctor say is his diagnosis?
- Does the doctor say anything adverse about me or my case in these
- Does the doctor mention any previous accident or pre-existing condition
that is relevant to my treatment?
- Does he mention I am perusing an insurance claim?
- Does he state I am cooperative and follow instructions?
- Are there any annotations about missed appointments or failure to
follow a prescribed course of treatment?
- Does he state a prognosis?
- Does he state how I have responded to treatment?
- Are you aware of any other alternative treatments that I might discuss
with my doctor or might consider?
Former Insurance Adjusters
You can learn from the former insurance adjuster successful negotiation
- What should I do if the adjuster and I "get off on the wrong foot"?
- What if I can't stand the adjuster or don't trust him?
- Can I ask for a different adjuster?
- When should I ask to talk to the Supervisor?
- How does it affect my standing if I threaten to complain to the
- Should I send the adjuster a proposed letter to the Insurance
Commissioner before I mail it?
- When the adjuster suggests a settlement figure, how should I respond?
- Should I get my own figure in response or tell him I will think about
- If I tell him I will think about it, doesn't that give some credibility
to his figure and shouldn't I act shocked and disappointed at a figure
given by the insurance adjuster?
- When will I know that I have achieved the last dollar available without
going to trial?
- What does it mean when the adjuster says that this is the "best offer"?
- How about his "final" offer?
- Do you know the reputation of this company for settlement?
- Do you the reputation of this company for "low damage" accidents?
- What additional information can I give this adjuster in a second or
third salvo for my last negotiating rounds?
- If we have generally agreed on a figure, in what areas can I nibble to
get some additional benefits?