Will I be able to review the demand before it is sent to the insurance company?

What Does Reviewing a Personal Injury Demand Mean?

A demand is a written presentation of your injury claim to an insurance company. It generally explains how the incident happened, why the insured person or business may be responsible, how the injuries affected you, and what records support the claim. It may also state the terms under which you are willing to resolve the claim.

Review procedures can depend on the law firm’s practices and the scope of the attorney-client agreement. Here, the planned process includes checking for missing documents, requesting the necessary medical records and bills, preparing the demand, and obtaining the client’s approval before submission.

Your review is an important accuracy check. It does not mean you must draft the letter yourself or make every strategic decision. Your attorney can recommend which facts to emphasize, which documents to include, and how to address possible insurance arguments. You should ask questions and point out anything that is incomplete, unclear, or inaccurate before giving approval.

What Should You Check Before Approving the Demand?

Read the demand carefully, even if the firm has already reviewed the file. You are often the best person to notice an incorrect date, a missing provider, or an incomplete description of how the injury affected your daily life.

Check the following points:

• Incident facts: Confirm the date, location, sequence of events, and description of what the other party did.
• Medical history: Make sure the demand accurately identifies treatment related to the incident, including when treatment began and ended.
• Medical documents: Confirm that the firm knows about each relevant provider, facility, bill, visit summary, and medical record.
• Lost income: If wage loss is part of the claim, check the dates missed, employer information, and supporting documentation.
• Daily effects: Review any description of pain, activity limits, household difficulties, or other personal effects for accuracy.
• Prior injuries or conditions: Tell the firm about information that could appear in medical records or affect the insurer’s evaluation.
• Requested resolution: Make sure you understand the demand amount, any deadline given to the insurer, and any proposed release terms.

Do not approve a statement you know is inaccurate. It is usually better to correct the draft than to explain a preventable inconsistency after the insurer receives it.

Why the Firm Checks for Missing Records First

A demand should ordinarily be supported by the available evidence. Medical records can describe reported symptoms, visit dates, provider observations, and the course of care. Itemized bills document the charges associated with that care. Other supporting materials may include photographs, an incident report, proof of income loss, receipts, insurance correspondence, and witness information.

Medical providers do not always send complete records and bills in response to the first request. A firm may need to compare the documents received against the provider list and treatment timeline. Missing pages, separate billing departments, or records from an additional facility can require follow-up.

North Carolina law also addresses certain medical-provider liens and the production of records or itemized statements requested for an injury claim. N.C. Gen. Stat. § 44-49 provides, among other things, that a provider claiming the statutory lien must furnish specified claim documents and lien notice to the attorney under the conditions stated in the law. Reviewing bills and lien information can matter both when presenting the demand and later if settlement funds must be distributed.

How This Applies When Spouses Have Different Treatment Timelines

Based on the facts provided, one spouse has reported ending chiropractic treatment, while the other plans to continue receiving care. Even when both people were involved in the same incident, each person has an individual injury claim with a separate treatment history, set of medical records, damages, and settlement decision.

The demand for the spouse who has ended treatment may be ready for document collection and drafting sooner, assuming the file is otherwise complete. The firm may request final records and itemized bills, check for missing material, prepare the demand, and then send it to the client for approval.

The other spouse’s claim may follow a different schedule because treatment is continuing. This does not mean that either spouse should change treatment for claim purposes. Medical decisions should be discussed with the treating provider. The practical point is that the firm needs current information about treatment status so it can decide when the available documentation is sufficient to present each claim.

Reviewing the Demand Is Different From Approving a Settlement

A demand is a proposal sent to the insurer. It does not guarantee that the insurer will agree, and it does not itself resolve the claim unless an enforceable agreement is later reached. The insurer may accept the proposal, reject it, ask for more information, dispute part of the claim, or make a different offer.

You should be kept informed about settlement offers and should receive enough information to make an informed decision. Reviewing a demand before submission is one part of that communication, but it is separate from deciding whether to accept an insurer’s later offer or sign a release.

Before approving the demand, consider asking:

• Are all known medical providers and bills included?
• Does the demand accurately describe my treatment status?
• What documents will be sent with the letter?
• Does the demand include a response deadline or other conditions?
• What issues is the insurer likely to question?
• Will I be consulted before responding to an offer?

Do Not Let Demand Preparation Hide a Filing Deadline

Collecting records and negotiating with an insurer can take time. In many North Carolina personal injury matters, N.C. Gen. Stat. § 1-52 provides a three-year period for filing certain injury actions, although different rules can apply depending on the claim and the parties involved.

Sending a demand or discussing the claim with an adjuster does not automatically extend the deadline for filing a lawsuit. The firm should know the incident date and any other facts that may affect timing. If a deadline is approaching, the need to preserve the claim may change how the matter is handled.

Documents and Information to Have Ready

To make the review more useful, gather or confirm:

• A current list of medical providers and treatment dates.
• Medical bills, records, visit summaries, and receipts in your possession.
• The date treatment ended or the fact that it remains ongoing.
• Photographs and incident-related reports.
• Proof of missed work or reduced earnings, if claimed.
• Letters, emails, and other communications from insurers.
• Notes about symptoms and daily limitations, stated accurately.
• Any corrections or questions about the proposed demand.

Send corrections in writing when possible. A short list identifying the page, statement, and requested correction can help the firm update the draft efficiently.