Personal injury cases – timeline and a helpful checklist

Personal injury cases commonly stem from another’s negligence and involve a detailed

Personal Injury Cases – Timeline and a Helpful Checklist medical records review that will help determine the validity of the case. The injury may be caused by a slip-and-fall, car accident, motorcycle accident, medical malpractice, and so on.

From the accident and injury to trial – there is a definite timeline for a personal injury case. ➢

The accident/injury occurs

➢

The injured person seeks medical attention

➢

Consulting an attorney

➢

The attorney investigates the claim and reviews medical records

➢

Insurance claim is filed or a settlement is demanded

➢

If a settlement is not reached, a lawsuit is filed

➢

Both plaintiff and defendant sides begin the discovery process

➢

Mediation and/or arbitration in the hope of reaching a settlement

➢

If no settlement is reached, the case goes to trial.

Time Is of Essence Time is of essence in any personal injury case, which makes it very important for personal injury lawyers to ensure efficiency. Reliable support becomes necessary and many attorneys make effective use of support solutions such as medical review service provided by medical record review companies. The entire process can be well-organized by having a comprehensive checklist. This makes it easy to view the completed tasks as well as those that are not completed. So, here are the important considerations.

Personal injury Keep a Checklist cases involve a all relevant documents related to the case such as police reports, medical medical ➢ Obtain records records, insurance information, bills, wage statements, auto policy, rental car review to decide the charges, repair expenses, correspondence, photos, and notes. validity of themeeting case. with the client: ➢ The • The attorney has to explain the terms of the Retainer Agreement to the Here is a timeline client and clear any doubts the client may have. and checklist • for a It is important to inform the client how the fees are calculated. personal •injury Set expectations by pointing out aspects MOS Medical Record Review Service of the case that could be challenging, case.

8596 E. 101st Street, Suite H Have a Streamlined Process in Place

www.mosmedicalrecordreview.com

Tulsa, OK 74133

(800) 670 2809

Personal injury cases commonly stem from another’s negligence and involve a detailed medical records review that will help determine the validity of the case. The injury may be caused by a slip-and-fall, car accident, motorcycle accident, medical malpractice, and so on.

From the accident and injury to trial – there is a definite timeline for a personal injury case. ➢

The accident/injury occurs

➢

The injured person seeks medical attention

➢

Consulting an attorney

➢

The attorney investigates the claim and reviews medical records

➢

Insurance claim is filed or a settlement is demanded

➢

If a settlement is not reached, a lawsuit is filed

➢

Both plaintiff and defendant sides begin the discovery process

➢

Mediation and/or arbitration in the hope of reaching a settlement

➢

If no settlement is reached, the case goes to trial.

Time Is of Essence Time is of essence in any personal injury case, which makes it very important for personal injury lawyers to ensure efficiency. Reliable support becomes necessary and many attorneys make effective use of support solutions such as medical review service provided by medical record review companies. The entire process can be well-organized by having a comprehensive checklist. This makes it easy to view the completed tasks as well as those that are not completed. So, here are the important considerations.

Keep a Checklist

➢

Obtain all relevant documents related to the case such as police reports, medical records, insurance information, bills, wage statements, auto policy, rental car charges, repair expenses, correspondence, photos, and notes.

➢

The meeting with the client: •

The attorney has to explain the terms of the Retainer Agreement to the client and clear any doubts the client may have.

•

It is important to inform the client how the fees are calculated.

•

Set expectations by pointing out aspects of the case that could be challenging, liability issues, and other aspects that may cause delays.

www.mosmedicalrecordreview.com

(800) 670 2809

•

Obtain clear information regarding the client’s background, job, the incident, the injury sustained and treatment obtained, lost wages, property and other damages, insurance details, police report, witnesses, lien notices, previous or subsequent accidents.

•

Have the client sign the necessary authorizations. These include an HIPAAcompliant authorization to obtain medical records, insurance authorization and wage loss authorization.

➢

Obtain copies of insurance cards: These include copies of auto insurance and health insurance such as Medicare and Medicaid.

➢

Send a Letter of Representation to the 3rd party insurer: This should be accompanied by a copy of a signed authorization from the client. The insurer must be requested to send all communications to your office. This letter of representation should contain their policy number, claim number, name of the insured person, and the date of the incident.

➢

Send a Letter of Representation to the client’s own insurer along with a signed authorization.

➢

Send letters accompanied by signed medical authorizations to medical providers requesting a copy of their medical and billing records. Also, request other records needed which you may not have received.

➢

Make a chart of all treating providers, the amount each of them charged, the amount paid, amount outstanding, and lien claims if any.

➢

Contact witnesses as early as possible. Obtain a statement if possible.

➢

Submit any outstanding balance through Med pay or health insurance.

➢

Send a letter of representation along with a signed authorization to lien claimants. This will ensure that they will contact your office regarding the claim.

Make sure that the lien claimants are kept apprised as the case progresses.

➢

Send

a

letter

of

representation

to

Medicare/Medicaid

as

appropriate:

Medicare/Medicaid must be informed of any possible lien claim and usually there are only a certain number of days within which this must be done. ➢

Send the demand letter to the insurance adjuster: This demand letter must contain all information obtained. Email a copy of this letter beforehand to your client for review.

➢

File the complaint ahead of the statute of limitations. In case you are in the midst of settlement negotiations, send the adjuster a letter with a file-endorsed copy of the complaint explaining that you had to file due to the statute of limitations but are hopeful that a settlement may be reached.

www.mosmedicalrecordreview.com

(800) 670 2809

Have a Streamlined Process in Place Keeping track of each and every aspect of a personal injury case is very challenging.

Staying organized is often difficult in this scenario, which makes it necessary to have a streamlined process in position. This is where outsourced services such as medical review solutions can be of assistance. Following a streamlined process will help lawyers keep abreast with all developments in the case, establish their credibility, ensure client satisfaction, and go on to win the case.

www.mosmedicalrecordreview.com

(800) 670 2809