Injured? Write an Effective Letter Requesting Compensation Part II

The Question
When writing and sending a settlement demand letter, should you enclose copies of your medical bills? Or will that give the other side too much information that they may choose to use against you?

The Specific Injury Situation
I recently received an excellent question in response to my article "Injured? Write an Effective Letter Requesting Compensation". The person, who we will call Beth, endured a slip and fall accident at a shopping mall. Beth's neck, shoulder, back, and ribs were injured. She underwent 3 MRI's and therapy. Needless to say, there were several doctor bills.

Beth contacted the mall, but the mall will not tell her for what exactly they are willing to reimburse her. The mall requests that Beth send her medical diagnosis and medical bills. The mall will then determine what portion of the bill they will pay, hinting that they do not plan to reimburse her for the entire bill.

Beth would like to use a version of the sample letter in the article "Injured? Write an Effective Letter Requesting Compensation". However, Beth worries that if she sends the mall her bills and other information along with the settlement demand letter, it will be giving them ammo to deny payment.

The Answer
I do not think sending the bills will give the mall ammo to deny payment. It makes sense that they would want proof of the exact amount of medical expenses.

However, other information from one's medical file that might hint at any pre-existing conditions could make them not want to pay for the entire bill if they think a pre-existing condition contributed to part of the bills.

In any case, the opposing side may try to get away with not paying as much as you are really entitled to because, unfortunately, that is the way a lot of businesses work.

If you send them a letter along with the medical bills and they still are not willing to pay you what you believe you are entitled to, I would strongly recommend interviewing some attorneys and considering hiring one. Another route could be to represent yourself in small claims court or regular district court, depending on the amount of money in controversy.

Should You Hire an Attorney Now?
I recommend that you begin interviewing personal injury attorneys now. An attorney who practices in this area of law can advise you of all the compensation to which you may be entitled. Many people do not realize that they may be entitled to compensation for things like pain and suffering or loss of income in addition to the medical bills.

The downside to hiring a lawyer is that, pursuant to the agreement you make with the lawyer, the lawyer will be entitled a large chunk of any money you receive.

A Personal Note of Encouragement
A few years ago, my mother was involved in an auto accident that was the other driver's fault. After interviewing several local attorneys, my lifelong homemaker mother decided to represent herself in small claims court. None of the attorneys she interviewed were willing to take her case, probably because the amount of money she was likely to receive in compensation was "only" a few thousand dollars. The insurance company wouldn't be reasonable and pay her anything close to what she was entitled to, so she sued them in small claims court and won more than she had originally asked the insurance company for.

I know you can succeed as well!

This article is for informational purposes only and nothing in this article should be construed as legal advice.