Where This Fits in the Claim Process
If a demand package has already been sent and negotiations are ongoing, an “update” is typically a supplement. Its job is to keep the claim evaluation current as damages develop (for example, additional appointments, new diagnoses, new work restrictions, or new out-of-pocket costs). In practice, adjusters and defense counsel often reevaluate when they receive new documentation, so a clear update can help move discussions forward.
Practical Steps That Usually Help
- Lead with what changed since the demand: Start with a short summary of what is new (not a full re-telling of the entire case). Example categories: new treatment, new records/bills, new wage loss, new photos, or new information about how the incident happened.
- Attach (or identify) supporting documents: Updates carry more weight when they are backed by records, itemized bills, employer documentation, and receipts. If you do not have a document yet, say it is “requested” and note the date requested.
- Keep the story consistent and specific: Use the same basic description of the incident and symptoms that appears in the demand and medical records. If something truly changed (for example, symptoms worsened or a new body part became symptomatic), explain when it changed and how it was documented in treatment.
- Flag issues that affect value or risk: If there are liability disputes, prior similar injuries, treatment gaps, or missed work documentation issues, address them directly and calmly with facts and documentation where possible.
Common Mistakes to Avoid
- Over-sharing: Do not volunteer unrelated medical history or personal details that do not help prove injury, causation, or damages.
- Speculation: Avoid statements like “this will definitely require surgery” or “the insurer must pay.” Stick to what providers documented and what costs were actually incurred.
- Inconsistent symptom descriptions: If the update conflicts with earlier statements or records, the defense may argue credibility problems or alternative causes.
- Ignoring fault defenses: North Carolina follows contributory negligence rules in many negligence cases, meaning the defense may look for any evidence the injured person contributed to the incident. Updates should be careful, accurate, and consistent with the evidence.
How This Applies
Apply to your facts: Because the demand is already out and negotiations are underway, your update should focus on what has changed since the demand package was sent—new appointments, new diagnostic testing, new work restrictions, new bills, and any new documentation of how the injuries affect day-to-day activities. If the goal is to send the update to another law firm for review, include a clean “since-demand” timeline and a labeled set of the new documents so the reviewer can quickly see what moved the case.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 – sets a three-year limitations period for many “injury to the person” civil actions (with exceptions depending on the claim type).
- N.C. Gen. Stat. § 1-139 – places the burden of proving contributory negligence on the party asserting that defense.
Conclusion
A strong negotiation update is short, organized, and document-driven. It should highlight only what is new since the demand: treatment developments, new bills and records, updated wage loss information, and any new facts that affect liability or credibility. If you are coordinating an update for review by another firm, a clear “since-demand” timeline and a labeled document set usually makes the review faster and reduces the risk of inconsistent messaging. One practical next step is to assemble the new records, bills, and wage documentation into a single, dated supplement.
