I was in physical therapy for a car accident and the doctor told me that based on a recent MRI result that I need to seek out a surgeon for an evaluation. I think stenosis and two bulging discs. He said I will probably need an attorney to do a demand package. What is that? I think the at fault driver has only minimum coverage and I have uninsured motorist coverage. Also, I signed the repair order acknowledging the repairs and the cost of the damage with the collision place. Was that a release of any further property damage claim or just the dealership protocol?
Personal Injury Lawyer
A demand package is put together by an attorney and it (basically) lays out the facts of the accident, the liability, the injuries you sustained, the medical records, future treatment and makes a monetary demand.
Contact a personal injury attorney in your area who will be able to guide you through this process. If the damages you have suffered are not covered by the at fault drivers insurance policy then you can go after you um coverage. Best of luck
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The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
A demand package is what an attorney sends an insurance adjuster that sets out the evidence why the insurance company should pay a certain amount of money to compensate a client for his/her injuries.
When I was a claims adjuster, I saw a lot of bad demand packages. Frequently, attorneys discussed only the law. Adjusters, though, evaluate risk. I find that in some cases--particularly in surgical cases--that a PowerPoint presentation with embedded video is highly effective at persuading adjusters to tender their liability limits.
You need a personal injury attorney who knows how insurance adjusters think and make their claims decisions. A lot of self-styled personal injury attorneys also know very little about injuries and their causation, so they make the wrong arguments. For example, stenosis is a degenerative condition that a crash can aggravate but not cause. Also, some attorneys refer their clients to surgeons whom the insurance adjusters will disregard because they will--in the adjusters' minds--perform surgery whether the client needs it or not.
Please hire a personal injury attorney ASAP. Be careful whom you choose, though, and make sure s/he actually has insurance industry experience.
If you like one of our answers, contact that attorney and get a free telephone consultation. Don't listen to attorneys who tell you to "find a local attorney." That's utterly ridiculous old-school thinking. Your insurance adjuster probably isn't located in your city or county, and she is possibly even in another state. Why should attorneys limit themselves to their cities?
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The demand package is how you or your lawyer tells your story to the insurance company. Lawyers are basically story tellers. We assist you getting the medical attention you need and them tell the story of what is wrong with you and how the incident had and will hinder you, what inconveniences it caused and will cause and more.
Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors.
Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious.
For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.
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Personal Injury Lawyer
You need an attorney for more then a "demand package" but to provide full representation for your accident and injury, But, basically a demand package is done at my office by putting together a package of information to send to the insurance company with a demand that they settle within X days for X dollars, and includes such things, usually in a letter form (can be many, many pages) covering such things as: Fault; Comaprative Fault; Rebuttal of any possible defenses; Property Damages: Injury and Medical treatment; Past Medical Bills; Likely Future Medical Bills; Intangible Damages Past and Future; Lien issues; and Summary with Demand. You likely need an attorney for more then you think, especially if you have a disc surgery in your future. Good Luck!
This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.
Personal Injury Lawyer
A demand package is something the injured party (you or your attorney) creates to outline many important items for the insurance adjuster to evaluate your claim. Some of the items in the demand package include: summary of the medical providers, treatment, and diagnosis of your injuries related to the accident. It can also include a summary of the theory of liability and estimate at future medical expenses. Finally, any photographs or other helpful information to put your injury in the best light. It will include a number that the attorney (or you) is demanding the insurance company to pay.
For your second question, regarding the repair order, without seeing the actual order you signed it is hard to tell. However, normally a release of claims usually has that has a heading and you would know that what you signed was a release. It has to be very conspicuous and apparent, they can't hide language (if that happens you would have a good claim against them).
Hope that helps.
*Disclaimer: The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
Personal Injury Lawyer
As others have said the demand package is just setting forth the facts that would support the at fault insurance carrier paying you for your injuries. It is helpful to have this done by an attorney a personal injury attorney can provide the information vital to maximizing your recovery from the at fault carrier and your UM carrier. As for the second issue, signing the repair order should not preclude any remaining property damage claim. However, without seeing what you actually signed it would be impossible to determine the implications of it.
This question and response does not establish any attorney/client relationship.
A Demand Packet is a detailed outline of your case which is presented to the insurance adjuster in order to attempt to facilitate a settlement without need of suit. The demand will present liability and damages facts and will usually be accompanied by a copy of the police report, photos of the vehicles and you and medical documentation and medical bills. I usually include evidence of similar cases and verdicts and settlements through Florida Jury Verdict Research. If I can help call us.
All of your questions can be answered by your attorney.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
It is a well prepared packet of information sent out to the Insurance Company on a case by case basis lying out the theory of liability as to why they are responsible for the injuries of the named claimant. The amount of property damage to the claimant's vehicle. Next, medical records sorted by date of treatment/medical provider are sent to demonstrate the medical treatment that was required by the claimant.This includes each medical providers recommended future medical care plan. Then the total amount per medical provider of all medical bills for the claim again separated by medical provider. Than there is a demand for a specific amount of money to settle the claim.
Car / Auto Accident Lawyer
Without seeing what you signed it is hard to tell. It sounds like you signed a permission to repair for the body shop. I was an adjuster for 10 years with GEICO and we typically did not have parties sign property damage releases unless we had a limits issue or the vehicle was a total loss. As far as the demand package is concerned. Once you are finished treating you (or your attorney if you hire one) will gather all of your medical records, bills and any other documents and put together a demand letter and all of the documents. The demand letter should include a demand amount which is what your asking the insurance company to pay you. If you want to see what a demand letter looks like you can Google sample demand letters. Do know that insurance companies are masters at taking advantage of a person and paying them less than what the true value of their claim is worth. If you are uncomfortable with negotiating or dealing with the insurance company you should seek the advice of an attorney.
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Your doctor is right, you should consult an attorney. Most personal injury attorneys will provide a free consultation. Given the extent of your injuries having a lawyer will likely result in you receiving a fairer result when dealing with the adverse driver's and your insurance carrier. The "demand package" is the narrative written by your attorney and supporting records that explains to the insurance carrier why they are responsible and what the extent of your injuries are and what you require as compensation to pay for those injuries and damages. It seems unlikely that the repair order is a release, but when you consult the attorney show it to them.
Personal Injury Lawyer
A Demand Packet is a detailed outline of your case which is presented to the insurance adjuster in order to attempt to facilitate a settlement without need of suit. The demand will present liability and damages facts and will usually be accompanied by a copy of the police report, photos of the vehicles and you and medical documentation and medical bills. I usually include evidence of similar cases and verdicts and settlements through Florida Jury Verdict Research. A demand practice shows the opposing side we are fully prepared to take your case to trial.