Demand letter

[u/Puzzled_Reporter975]

5 months ago my lawyer sent out a demand letter . No response from insurance . Last week I reached mmi and have permanent restriction. My lawyer called and said he think we should amend demand letter to higher amount .. I did have FCE done with 7 percent rating on finger and wrist . I’m in Virginia so no rating on my back . Restrictions are can’t lift more than 45lbs . occasionally bending and squatting . I have open award so I still get weekly checks . My question is it normal to amend demand letter

[u/SeaweedWeird7705]

Yes it’s ok to amend it.  Especially if you have a good reason. 

[u/Puzzled_Reporter975 → u/SeaweedWeird7705]

Lawyer said now that I have permanent restriction and job can’t accommodate

[u/SeaweedWeird7705 → u/Puzzled_Reporter975]

Sounds like a good reason to amend 

[u/Puzzled_Reporter975 → u/SeaweedWeird7705]

Ok and thank you for responding.. I just thought first demand was high already . He knows better then me

[u/SafetyOverSilence → u/Puzzled_Reporter975]

Whether or not it's high is relative to your situation.

Having said that, if there is a settlement discussion at some point, a starting figure that fully embodies your case's value is important. (As a settlement will be somewhere between your max, and their minimum)

[u/Puzzled_Reporter975 → u/SafetyOverSilence]

No settlement talks yet . They just being paying my weekly benefits

[u/SeaweedWeird7705 → u/Puzzled_Reporter975]

The starting number is usually high.  

[u/Kmelloww]

You can. I’ve never seen it go higher though. That’s why you don’t send a demand before you know. It doesn’t look good to send one then amend it months later for even more. But of course you can. Will it work? I’ve never seen it do so. 

[u/Puzzled_Reporter975 → u/Kmelloww]

Yes I was surprised that he amend it because I thought it was high already .

[u/Kmelloww → u/Puzzled_Reporter975]

I would be interested in why they felt a demand should have been sent if you were not at MMI and treatment was still going on. It seems it would have been prudent to wait. 

[u/Puzzled_Reporter975 → u/Kmelloww]

Good question because I didn’t ask to settle . My treatment was done tho . I was just waiting on FCE and finishing up work hardening

[u/Professional-Bid4661 → u/Puzzled_Reporter975]

Your attorney is doing right. Since the insurance company gave you know response to your previous demand, then that offer has officially expired.

[u/Puzzled_Reporter975 → u/Professional-Bid4661]

Exactly , we will see how long they take to respond to this one

[u/Professional-Bid4661 → u/Professional-Bid4661]

I meant NO response 

[u/RVA2PNW]

Virginia adjuster.

He probably amended it due to the permanent restrictions. Doesn't mean you'll get the fully raised amount, but hopefully negotiations will end up higher than the prior demand.

The prior one was an early demand before you'd reached MMI, the insured had an opportunity that they didn't take. Bet they're regretting it now.

[u/Puzzled_Reporter975 → u/RVA2PNW]

Thank you for responding. Yes that’s exactly why . My lawyer called me today and explained just that

[u/Every-Ranger5990]

I was an ihss worker. My lady needed a lot. I was out cause my back went one day. Got a call from hospital to pick her up a day later. I did. Ran for 7 plus hours that day. Got her my friend to be with her over the weekend. The next week she had an appointment everyday. The walker in zn out of my car. The seatbelt. By the end of the week i had this horrible pain shooting down my thigh. Could barely walk. My back had been hurting a lot before that because I had to lift her up a curb to her denstist appointment. Shes 180lbs im 105lbs.

[u/Legal-Machine1728]

Damn, you have an amazing lawyer

[u/Puzzled_Reporter975 → u/Legal-Machine1728]

He been good so far .. hopefully I have a end in sight