Podcast
Questions and Answers
What is the primary purpose of a Supplement Demand?
What is the primary purpose of a Supplement Demand?
- To request policy limits verification
- To provide pending or additional information unavailable at the time of the preceding demand (correct)
- To replace the original demand entirely
- To dispute liability with the adjuster
When should a Supplement Demand be furnished?
When should a Supplement Demand be furnished?
- Only when requested by the insurance adjuster
- After the preceding demand has expired and no updates are available
- After receiving a settlement offer
- Before the previous demand's expiration (correct)
When is it appropriate to send a Counter Demand instead of a Supplement Demand?
When is it appropriate to send a Counter Demand instead of a Supplement Demand?
- When the previous demand has expired, or an offer has been sent (correct)
- When no additional documents are ready for submission
- When the prior demand is still active
- Whenever requested by the case manager, regardless of whether the prior demand has already expired
What is one of the key benefits of a Supplement Demand?
What is one of the key benefits of a Supplement Demand?
A [blank] demand is required when the prior demand has expired or an offer or rejection has been made.
A [blank] demand is required when the prior demand has expired or an offer or rejection has been made.
Supplement Demands are typically more complex than Counter Demands.
Supplement Demands are typically more complex than Counter Demands.
A Supplement Demand can include updates on non-medical information, such as Employment or Loss of Consortium
A Supplement Demand can include updates on non-medical information, such as Employment or Loss of Consortium
If new medical treatment records arrive but the prior demand has expired, you can still send a Supplement Demand
If new medical treatment records arrive but the prior demand has expired, you can still send a Supplement Demand
The expiration for a Supplement Demand generally mirrors the expiration date of the preceding demand
The expiration for a Supplement Demand generally mirrors the expiration date of the preceding demand
Generally, Supplement Demands should always include a List of Exhibits
Generally, Supplement Demands should always include a List of Exhibits
What is the primary purpose of the Statement of the Facts section in a demand letter?
What is the primary purpose of the Statement of the Facts section in a demand letter?
In the Liability section of a demand letter, which of the following is essential?
In the Liability section of a demand letter, which of the following is essential?
The Injuries and Medical Treatment section of a demand letter should:
The Injuries and Medical Treatment section of a demand letter should:
Which of the following is NOT a basic component of the Injuries and Medical section?
Which of the following is NOT a basic component of the Injuries and Medical section?
How should the Pain and Suffering section of a demand letter be presented?
How should the Pain and Suffering section of a demand letter be presented?
The purpose of the Medical Expenses Table is to:
The purpose of the Medical Expenses Table is to:
In the Statement of the Facts, what is the most critical detail to include?
In the Statement of the Facts, what is the most critical detail to include?
What information is typically included in the Medical Expenses Table?
What information is typically included in the Medical Expenses Table?
In the Pain and Suffering section, evidence to support claims may include:
In the Pain and Suffering section, evidence to support claims may include:
What is the importance of including future medical treatment needs in the Injuries and Medical section?
What is the importance of including future medical treatment needs in the Injuries and Medical section?
What stage of a case does the mediation brief belong to?
What stage of a case does the mediation brief belong to?
What is the primary purpose of mediation?
What is the primary purpose of mediation?
Which section in the mediation brief is tailored to the mediator?
Which section in the mediation brief is tailored to the mediator?
What is a significant difference between the mediator’s and the defense’s copy of the mediation brief?
What is a significant difference between the mediator’s and the defense’s copy of the mediation brief?
What is emphasized in the executive summary of a mediation brief?
What is emphasized in the executive summary of a mediation brief?
What makes drafting a mediation brief more time-consuming than a demand?
What makes drafting a mediation brief more time-consuming than a demand?
Which feature differentiates a mediation brief from a demand letter?
Which feature differentiates a mediation brief from a demand letter?
Why is confidentiality important in mediation?
Why is confidentiality important in mediation?
What was mentioned as a challenge in creating a mediation brief?
What was mentioned as a challenge in creating a mediation brief?
Why are photos often included in mediation briefs?
Why are photos often included in mediation briefs?
__________ is a method of resolving disputes outside the courtroom, usually less formal, less expensive, and less time-consuming than a trial.
__________ is a method of resolving disputes outside the courtroom, usually less formal, less expensive, and less time-consuming than a trial.
__________ is a process in which a neutral third party helps the disputing parties communicate and try to reach a mutually acceptable resolution, but the mediator does not make a final decision.
__________ is a process in which a neutral third party helps the disputing parties communicate and try to reach a mutually acceptable resolution, but the mediator does not make a final decision.
Mediators have the authority to decide the outcome of a dispute.
Mediators have the authority to decide the outcome of a dispute.
Mediation confidentiality means parties cannot use statements from mediation in court later.
Mediation confidentiality means parties cannot use statements from mediation in court later.
In __________, a neutral person hears arguments and evidence from both sides and makes a decision, which can be binding or non-binding depending on the agreement.
In __________, a neutral person hears arguments and evidence from both sides and makes a decision, which can be binding or non-binding depending on the agreement.
Arbitration proceedings are governed by rigid rules of evidence.
Arbitration proceedings are governed by rigid rules of evidence.
What distinguishes binding arbitration from non-binding arbitration?
What distinguishes binding arbitration from non-binding arbitration?
What must happen before initiating uninsured/underinsured motorist arbitration?
What must happen before initiating uninsured/underinsured motorist arbitration?
__________ is the process where parties discuss settlement terms to avoid trial, often beginning with a written demand letter that outlines the facts, injuries, and the amount being sought.
__________ is the process where parties discuss settlement terms to avoid trial, often beginning with a written demand letter that outlines the facts, injuries, and the amount being sought.
Negotiation is typically initiated through a demand letter.
Negotiation is typically initiated through a demand letter.
What is the purpose of a mandatory settlement conference?
What is the purpose of a mandatory settlement conference?
Study Notes
Supplement Demands
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Primary Purpose: To provide pending or additional information unavailable during the initial demand. It's not to dispute liability, replace the original demand, or request policy limit verification.
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Timing: A Supplement Demand should be filed before the prior demand expires, ideally. It's used when new information or updates become available after the initial demand.
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Counter Demand vs. Supplement Demand: A Counter Demand is appropriate when the prior demand expires or an offer is made. A Supplement Demand is used when additional information becomes available before the prior demand expires.
Key Benefits of a Supplement Demand
- Fortifies Case Value: Provides new or additional evidence, potentially strengthening the case.
- Reduces Need for Counter Demand: Sometimes eliminates the requirement of filing a separate counter-claim.
Supplement Demand Characteristics
- Complexity: Usually more complex than a Counter Demand due to the addition of new data.
- Non-medical updates: Supplement Demands can include updated information about non-medical factors, like employment data or loss of consortium, as well as new medical information.
- Expiration: The expiration date for a Supplement Demand generally mirrors the expiration date of the preceding demand.
- Medica records/Updates: Supplement Demands can include updates on non-medical information such as Employment or Loss of Consortium. If new medical treatment records arrive after a demand has expired, a supplement demand can still be filed.
- Case Manager: A Supplement Demand can be requested by the Case Manager regardless of whether the initial demand has expired or not.
Joint Demand Letter - Statement of Facts
- Purpose: To summarize the accident, highlighting the incident details and the involved parties.
- Essential elements: Legal arguments for liability, medical treatments received, client’s financial losses, and a concise, factual summary of the events leading to the accident.
Joint Demand Letter - Liability Section
- Essential element: Legal analysis showing how the defendant's actions caused the accident.
- Irrelevant elements: Detailed medical history, client's emotional distress, table of medical expenses, client's personal opinions.
Joint Demand Letter - Injuries & Medical Treatment
- Purpose: Highlight all injuries and related treatments necessary for recovery.
- Key elements: Chronological summary of treatments, medical records summary, future treatment needs (with current expense estimates).
- Avoidable elements: Opinions on the medical provider's competence.
Joint Demand Letter - Pain & Suffering
- Purpose: Describe how the injuries affecting daily life.
- Critical elements: Client's subjective claims supported by evidence, and how injuries affected daily life.
- Avoid elements: Listing subjective complaints without evidence, client's subjective emotional state.
Joint Demand Letter - Medical Expenses Table
- Purpose: Provide a visual breakdown of all medical costs incurred by the client.
- Key elements: A complete list of treatments, providers, and associated costs, including insurance details.
- Avoid: Speculation or estimates of future costs without current expense information.
Joint Demand Letter - Statement of Facts - Critical Element
- Purpose: Providing a concise and factual summary of the events leading to the accident.
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