Client John Doe Sample Letter Of Medical Necessity: Fill & Download for Free

This will run against the grain of most advice, but it is how I would go about it.First, be sure this is really a big deal with clear liability: I’m talking about a serious situation where I am badly injured and the negligence of the property owner is profound. Anything less than that, and the incident goes into the “shit happens” bucket and I just deal with it.Hire the “other guy’s attorney”: So what I would do is hire an attorney. NO, not MY attorney. I’m talking about the attorney of the offending party. It begins with a “demand letter” which appears to have been written by someone with a strong legal background. Sample:Dear Mr. Fartstain,As I am sure you are aware, I suffered significant injury and medical costs arising from the same because of the poorly maintained front stoop at your residence. My lower right leg was trapped when the middle step collapsed upon my egress from your residence, on January 5, 2018, with the result of injury to muscle fibre and injury to bone. Consequently, I have been unable to work during my treatment and recuperation and have thereby suffered a loss of income. Furthermore, work around my own residence has of necessity been hired out to others while I recover.Please be advised by this letter that I demand you compensate me in the amount of $16,535 to cover the above losses, to be paid not later than March 1, 2018, else I shall have no choice but to seek a legal remedy for court-ordered damages.In support of this demand, please find enclosed copies of medical reports and billings, receipts for payments of temporary workers and my estimate of income lost owing to my inability to work.Please advise me in writing, not later than February 15, 2018 of your intent to settle this claim on or before March 1, 2018, or otherwise of your intent to defend against the same. If I have not received your written response by February 15, 2018, then I shall proceed to seek relief from the court.Now, what does Fartstain do?He gives my letter to his attorney, who then sends me a written response. If the attorney is bright, then she or he will recognize that Fartstain is probably going to have to pay something, and will offer to settle, or to negotiate. And who is paying Fartstain’s attorney? Not ME -Fartstain is writing the checks! Thus the cost of his attorney is added to the settlement owed to me. And his attorney (if ethical) will tell him so. “Pay the goddamned thing and get it out of here!”Full and Final Settlement: Let’s dig a little deeper. One thing missing from the demand letter is assurance that, if I am paid, I will seek no further recovery. Why? Because this is something I want to be part of the negotiation with Fartstain’s attorney. Let him or her demand it of me. Fine. I’ll agree. On the appearances, this gives Fartstain an opportunity to demand something of me, if he agrees to pay. And it gives his attorney an opportunity to actually do something in support of his or her client. Everyone’s a winner! Thus any claimant should always (as a general rule) hold back on offering anything which could be rightfully demanded as a condition of settlement. This gives you something to give. If you offer it up front, then the other side will need to reach for something else to demand.Is this really a game? If the circumstances giving rise to damage are real, and the liabilities seem clear, then NO. You are injured, the other guy was at fault, and there you go. An ethical attorney (yours, or the other guy’s) will recognize the probable outcome and advise their client accordingly. But, if your pursuit is based on flimsy circumstances or portrays an intent to game the system, expect to be eaten for lunch. Attorneys, for the most part, want to settle outside of court because everyone pays less, that way.When you make a direct demand to the offending party, that’s exactly what you are doing - keeping the matter out of court (or attempting to, anyway).I am not an attorney and I am completely unqualified to offer legal advice. My response to this question is based on experience. I cannot count the number of legal threats I have endured, and the number of money claims I have had, which were resolved by common sense; sometimes with the support of legal counsel. I simply want to say that the frequent advice to go to a lawyer may not be good advice, until a direct approach is first attempted.Hope that helps.