Areas Of Assistance

Legal Assistants

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 accident report.
  
• 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 letter?
  
• 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 strong conclusion?
  

Medical Assistants

Chiropractic Assistants

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 records?
  
• 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 techniques.

• 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 Insurance Commissioner?
  
• 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 it?
  
• 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?