In this guide 6 sections
A personal injury case file should hold five things from day one. Those are the signed retainer and intake sheet, every provider with treatment dates, a lien log, the demand package and a settlement ledger. Update each as the claim moves, so nobody rebuilds the story from memory at the end.
What goes in the file on the first day
Intake sets the quality of everything after it. Record the date of loss, the venue, the adverse party, the insurer and the claim number before the client leaves the room. Note the statute of limitations date and put it on the firm calendar the same day.
Get the signed retainer and medical authorisations. Send preservation letters for scene photographs, vehicle data and surveillance footage. Footage is overwritten fast. Ask the client to bring the insurance card, the tow receipt, the emergency room discharge papers and every photograph on their phone. Those items vanish from handsets within weeks.
Open the file with a contact sheet. It names the client, the spouse or guardian, the employer and every person who saw the injury happen.
- Signed retainer and medical authorisations
- Police or incident report number
- Insurer, adjuster and policy limits if known
- Limitation date, entered on the calendar
- Preservation letters sent and dates
How to track providers and treatment dates
Every claim has a chain of providers. Emergency room, imaging centre, orthopaedist, physiotherapist, pharmacy. Give each one a row with the first visit, the last visit and the date you requested records. Keep one sheet per provider listing the billing office, the records department and a named contact. Three departments usually answer for one clinic.
Gaps matter a great deal. An adjuster reads a three week silence between visits as a recovered client. Ask the client why each gap happened and write the answer on the file.
Chase records on a rhythm, not when you remember. A request that goes unanswered after two weeks needs a second letter. Log both. A pharmacy printout and a physiotherapy attendance log often fill the gaps that the physician’s chart leaves. Request them even when the client thinks the visits were minor.
- Provider name, address and records contact
- First and last treatment date
- Records requested, received and billed
- Gaps in care with the client’s reason
- Future care recommended in writing
Liens and who gets paid from the settlement
Liens decide what the client takes home. Health insurers, government payers and treating doctors may all claim a share. Open a lien log when the first bill arrives, not when the cheque does. Hospital liens, health plan reimbursement claims and government payer recoveries each follow their own notice and appeal steps, so the log should note which route applies to which claimant.
Each line needs the claimant, the amount asserted, the date of the notice and the status of any reduction request. A lien you never heard about still binds the file. Ask for an itemised payoff letter in writing. Verbal figures change.
Check the log against every provider row. If a provider treated on a letter of protection, the lien exists even if no notice has come.
- Lienholder and type of lien
- Amount asserted and date of notice
- Reduction requested and answer received
- Final payoff letter on file
Building the demand letter from the file
A demand package reflects the file behind it. Pull the records, the itemised bills, the wage loss letter from the employer and dated photographs of the injury as it healed. Wage loss deserves its own tab, with the employer’s letter, pay stubs for the quarter before the injury and the doctor’s note that took the client off work.
Write the treatment chronology from your provider rows. Put the bills in a single table with the billed total at the bottom. Keep the narrative short. Adjusters skim. Cite page numbers from the records in the chronology so that the adjuster can verify each claim in under a minute without calling your office.
Send the package with a response deadline and log the date. Diary a follow-up call. Record every offer and counteroffer, along with which adjuster or supervisor made it. If the adjuster goes quiet, send a short reminder that quotes the original deadline and attaches nothing new.
Settlement tracking and closing the file
When an offer lands, the file should answer three questions at once. What are the net proceeds, which liens come out first and what does the client owe in costs? Build that sheet before you call the client, not after.
Hold settlement funds in the client account until every lien is paid or resolved in writing. Then issue the disbursement statement, get it signed and send the release. The disbursement statement should list the gross figure, each cost advanced, the fee, every lien paid and the net, so the client can check every line.
Close with a review. Note what delayed the case, which provider was slow and which record was missing. Copy the best demand letter into a template folder for the next file. Archive the file only after the last cheque clears and the limitation diary entry has been cleared by a second person.
Personal injury case file checklist
The checklist fits one page and has five blocks: intake, providers, liens, demand and settlement. The provider block has columns for name, first visit, last visit, records requested and records received. The lien block lists claimant, amount, notice date and payoff status. The settlement block sets out gross, costs, liens and net to client.
Open a blank worksheet to printQuestions owners ask
How soon should medical records be requested?
Request them as soon as the client signs the authorisations. Records arrive slowly, and the demand cannot go out until the last bill is in hand.
Who should own the lien log?
One named case manager per file. Split ownership is how a lien notice sits in an inbox until the settlement is already agreed.
Can a spreadsheet run this checklist?
Yes for a handful of files. Once every case manager keeps a private copy and limitation dates live in several places, a shared case system with one calendar is safer.
What should a settlement ledger show?
Gross amount, costs advanced, each lien with its payoff, the firm’s fee and the net to the client. Each line should point to a document on the file.
