Personal injury claim management system

• US 5,956,687 A
• Filed: 04/04/1997
• Issued: 09/21/1999
• Est. Priority Date: 04/04/1997
• Status: Expired due to Term

• Current Assignee: The Vaughn A. Wamsley Revocable Living Trust
• Original Assignee: Vaughn A. Wamsley
• Inventors: Davidson, Brant, Cantwell, David L., Wamsley, Vaughn A.
• Primary Examiner(s): MacDonald, Allen R.
• Assistant Examiner(s): Irshadullah, M.
• Application Number:
  US08/826,559
• Time in Patent Office: 900 Days
• Field of Search: 705/1, 705/2, 705/3, 705/4, 705/7, 705/8, 707/531, 707/500, 380/9
• US Class Current: 705/2
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 50/188 Electronic negotiation

Abstract

A technique for computerized management of a plaintiff'"'"'s personal injury case is disclosed. This technique includes establishing records, each reflective of the phase of a corresponding personal injury claim. The first phase corresponds to pre-negotiation of the claim and includes at least a first and second subordinate pre-negotiation stage. Each of these stages includes the generation of a number of prompts directed to obtaining information about the claim. A given record may also be set to a second management phase corresponding to negotiation of the claim or a third management phase representing settlement of the claim. In addition, the present invention discloses a technique to automatically generate a demand letter and calculate settlement amounts from information gathered in the record during pursuit of the claim. The management system may also include scheduling various prompts and correspondence with the program in accordance with a predetermined schedule spanning several days.

Claims

1. A method of computerized management of a plaintiff'"'"'s personal injury case, comprising:

(a) executing a program loaded on a computer to establish a client data record, the record having data relative to a personal injury claim including status of the claim;

(b) establishing the status of the record in a first management phase with the program, the first phase corresponding to pre-negotiation of the claim, the program characterizing the first phase with at least a first subordinate pre-negotiation stage and a second subordinate pre-negotiation stage;

(c) initiating the first stage of the first phase, the program generating a first number of pre-negotiation prompts in response to said initiating, said first prompts being directed to obtaining information about the claim;

(d) activating the second stage of the first phase after medical treatment for an injury corresponding to the claim is completed, the program generating a second number of pre-negotiation prompts in response to said activating, said second prompts being directed to obtaining information to formulate a proposed settlement amount for the claim;

(e) setting the status of the record to a second management phase corresponding to negotiation of the claim; and

(f) changing the status of the record to a third management phase representing settlement of the claim, the program calculating a settlement distribution during said third management phase from expense information entered in the record and generating an output including a check with a settlement amount payable to a client for the claim based on the settlement distribution.

2. The method of claim 1, further comprising:

entering a number of responses into the computer, the responses each corresponding to one of the second prompts; and

automatically generating a query to prompt generation of a document by the computer, the document demanding the proposed settlement amount.

3. The method of claim 1, further comprising switching the status of the record to a fourth management phase corresponding to litigation of the claim, said switching being performed after said setting and before said changing.

4. The method of claim 3, wherein the program characterizes the fourth phase with a number of subordinate litigation stages each having a corresponding set of litigation prompts conditioned on activation of a corresponding one of the litigation stages.

5. The method of claim 1, further comprising automatically advancing from one stage to another upon entry of data into the computer in response to a corresponding set of prompts.

6. The method of claim 1, further comprising generating a letter to a medical provider in response to the second prompts.

7. The method of claim 1, wherein the first prompts are timed by the program in accordance with a first schedule and the second prompts are timed by the program in accordance with a second schedule.

8. The method of claim 7, wherein the first schedule corresponds to a time period of medical treatment for the injury and is initiated by opening the record.

9. The method of claim 8, further comprising:

(g) generating a first letter to the client with the program in response to one of the first prompts and generating a second letter to an opponent to the claim in response to another of the first prompts;

(h) generating a letter to a medical provider in response to one of the second prompts; and

(i) switching the status of the record to a fifth management phase corresponding to litigation of the claim, said switching being performed after said setting and before said changing, and the program characterizing the fifth phase with a number of subordinate litigation stages each having a corresponding set of litigation prompts conditioned on activation of a corresponding one of the litigation stages.

10. A method of computerized management of a plaintiff'"'"'s personal injury case, comprising:

(a) establishing a number of data records in a computer by executing a program, the records each corresponding to a different personal injury claim and each being opened with a first status representing a medical treatment phase for a corresponding injury, the program prompting generation of a first number of documents in accordance with a first schedule timed by the program for each of the records, the first schedule spanning a first number of days, the first documents being correspondingly directed to receiving information about the claim for each of the records;

(b) changing a selected one of the records from the first status to a second status in accordance with completion of medical treatment for the corresponding injury, the program prompting generation of a second number of documents different from the first documents in accordance with a second schedule initiated by said changing and timed by the program, the second schedule spanning a second number of days, said second documents being directed to formulation of a proposed settlement amount for the injury;

(c) switching the selected one of the records to a third status in response to communicating the proposed settlement amount to a corresponding opponent;

(d) setting the selectcd one of the records to a fourth status corresponding to litigation of the corresponding claim, the program prompting generation of a third number of documents in accordance with a third schedule timed by the program during the fourth status; and

(e) adjusting the selected one of the records to a fifth status corresponding to settlement of a claim corresponding to the selected one of the records, the program calculating a client'"'"'s settlement amount from expense information entered in the selected one of the records and providing an output with the client'"'"'s settlement amount.

11. The method of claim 10, wherein the selected one of the records includes a number of entries each indicating a corresponding one of the first or second documents have been generated.

12. The method of claim 10, wherein said switching is performed in response to generating a demand letter with the program, the demand letter including the proposed settlement amount calculated by the program from a number of values entered in the record, the values being obtained in response to at least a portion of the second documents.

13. The method of claim 10, wherein the first documents include a representation letter to an opponent of a corresponding claim, the representation letter being printed from a standard form residing on the computer in response to an input.

14. The method of claim 10, wherein the second documents include a first letter to a medical provider for the corresponding injury of the selected one of the records and a second letter about lost wages.

15. The method of claim 10, wherein the program automatically calculates the proposed settlement amount from information obtained in response to the second documents and automatically assembles a letter to demand the amount.

16. The method of claim 10, further comprising generating at least one prompt in response to production of one of the first or second documents with the computer, said generating being conditioned on the production.

17. The method of claim 10, wherein the first documents include an inquiry letter directed to obtaining information from a witness to an accident resulting in the corresponding injury and a request letter directed to obtaining a police report.

18. The method of claim 10, wherein the records each include data corresponding to a client name, a client address, a date of injury, a telephone number, and a medical provider.

19. A computer system for managing a number of plaintiffs'"'"' personal injury cases, comprising:

an input device, a video monitor, and a processor, said processor being responsive to said input device to generate a number of data records each corresponding to a different respective personal injury claim, said processor being configured to generate a number of signals for each of said records, said signals including;

a first control signal corresponding to pre-negotiation of said respective claim, said first control signal being characterized by at least two subordinate signals including;

a first subordinate signal corresponding to medical treatment of an injury associated with said respective claim, said processor being responsive to said first subordinate signal to time generation of a first number of prompt signals in accordance with a first schedule spanning several days,

a second subordinate signal corresponding to release from medical treatment for the injury, said processor being responsive to said second subordinate signal to time generation of a second number of prompt signals in accordance with a second schedule spanning several days, said second prompt signals differing from said first prompt signals;

a second control signal corresponding to negotiation of said respective claim;

a third control signal corresponding to settlement of said respective claim; and

,

wherein said monitor responds to said first prompt signals to display a first number of input prompts in accordance with said first schedule and said monitor responds to said second prompt signals to display a second number of input prompts in accordance with said second schedule to facilitate entry of data about said respective claim into a corresponding one of said records, and said processor is configured to respond to input from said input device to calculate a settlement amount owed a client for said respective claim and generate a number of output signals corresponding to said settlement amount.

20. The system of claim 19, wherein said processor is further configured to generate a fourth control signal corresponding to litigation of said respective claim.

21. The system of claim 19, wherein said processor includes a memory and is configured to execute a software program stored in said memory to generate said records;

said first, second, and third controls signals; and

said first and second prompt signals.

22. The method of claim 19, wherein said records each include data corresponding to a client name, a client address, a date of injury, a telephone number, and a medical provider.

23. The method of claim 19, further comprising a printer operatively coupled to said processor.

24. The system of claim 23, wherein said processor is configured to calculate a monetary amount from a number of values input in response to said second prompts and generate a number of output signals, and said printer responds to said output signals to print a letter to an opponent to said respective claim demanding said monetary amount.

25. The system of claim 23, wherein said processor is configured to generate a number of output signals in response to input with said device provided in accordance with said second input prompts, and said printer responds to said output signals to print a letter to a medical provider corresponding to said respective claim.

26. A device for a computer system having a processor, video monitor, and printer, the device comprising:

a computer readable medium storing a software program configured for execution by the system;

the program being configured to generate a number of data records each corresponding to a different respective personal injury claim, said program being adapted to place each of said records in a first management phase corresponding to pre-negotiation of said respective claim, said program characterizing said first phase with at least a first subordinate stage corresponding to medical treatment for an injury associated with said respective claim and a second subordinate stage corresponding to completion of medical treatment for said injury, said program being configured to time display of a first number of prompts on the monitor in accordance with a first schedule spanning a first number of days and generate a first number of corresponding letters with the printer during said first stage, said program being configured to time display of a second number of prompts on the monitor in accordance with a second schedule spanning a second number of days and generate a second number of corresponding letters with the printer during said second stage, said program being configured to selectively classify said records in a second management phase corresponding to negotiation of said respective claim and a third management phase corresponding to settlement of said respective claim, said program being operable to calculate a settlement distribution during said third management phase and provide an output corresponding to a settlement amount owed a client for said respective claim.

27. The device of claim 26, wherein one of said first letters is directed to a client for said respective claim and another of said first letters is directed to an opponent for said respective claim.

28. The device of claim 26, wherein said program is further configured to selectively classify said records in a fourth management phase corresponding to litigation of said respective claim.

29. The device of claim 26, wherein said program is configured to assemble and print a number of reports with the printer, said reports each corresponding to one of said first, second, and third phases.

30. The device of claim 26, wherein said program is configured to assemble a daily worksheet corresponding to actions needed to advance each of the records to a subsequent phase.

31. The device of claim 26, wherein said records each include data corresponding to a client name, a client address, a date of injury, a telephone number, and a medical provider.

32. A method of computerized management of a personal injury case, comprising:

(a) establishing a number of data records in a computer system for processing by a case management software program executed by the system, the records each corresponding to one of a number of personal injury claims, the claims each corresponding to a respective client suffering a respective personal injury;

(b) entering a number of data items into each of the records, the items including a factual description of the respective injury, a number of values corresponding to damages suffered by the respective client, and an address of an opponent to a corresponding claim;

(c) selecting one of the records to generate a demand letter with the system, the program automatically assembling the letter from a standard form, the items corresponding to the selected record, and a demand amount automatically calculated by the program from the values corresponding to the selected one of the records;

(d) setting status of a designated one of the records to a first management phase with the program, the first phase corresponding to pre-negotiation of the claim, the program characterizing the first phase with at least a first subordinate pre-negotiation stage and a second subordinate pre-negotiation stage;

(e) initiating the first stage with the program to generate a first number of letters and a first number of pre-negotiation prompts in accordance with a first schedule spanning a first number of days, the first letters and prompts being directed to obtaining information about a respective claim;

(f) activating the second stage with the program to generate a second number of letters and a second number of pre-negotiation prompts in accordance with a second schedule spanning a second number of days, the second letters and prompts being directed to obtaining information to calculate a proposed settlement amount for the respective claim;

(g) changing the status of the designated one of the records to a second management phase corresponding to negotiation of the respective claim;

(h) changing the status of the designated one of the records to a fourth management phase representing settlement of the respective claim; and

(i) generating a settlement check payable to a client for the respective claim, the program calculating the amount automatically from expense information entered in the record.

33. The method of claim 32, wherein the records each include data corresponding to a client name, a client address, a date of injury, a telephone number, and a medical provider.

34. The method of claim 33, further comprising generating a first letter with the client name and address, and a second letter addressed to the medical provider.

35. The method of claim 32, further comprising printing the demand letter with a printer.

36. The method of claim 32, wherein the system includes a display, and the program generates a first number of prompts on the display timed in accordance with a first schedule spanning a first number of days, and the program further generates a second number of prompts on the display different from the first prompts in accordance with a second schedule spanning a second number of days.

37. A method of computerized management of a plaintiff'"'"'s personal injury case, comprising:

(a) establishing a number of data records in a computer by executing a program, the records each corresponding to a different personal injury claim and each being opened in a first management phase representing medical treatment for a corresponding injury;

(b) changing a selected one of the records from the first phase to a second management phase in accordance with completion of medical treatment for the corresponding injury;

(c) switching the selected one of the records to a third management phase in response to communication of a proposed settlement amount to a corresponding opponent; and

(d) changing the status of the selected one of the records to a fourth management phase representing settlement of a corresponding personal injury claim for a final settlement amount, the program calculating a distribution of the final settlement amount among a number of recipients and prompting generation of a corresponding number of checks with the computer, the selected one of the records including a number of accounting entries, a first one of the entries corresponding to a medical cost for the corresponding injury, and a second one of the entries corresponding to an expense incurred during the second or third phases to pursue the corresponding claim, the distribution being calculated as a function of the entries.

38. The method of claim 37, wherein the program prompts the generation of at least one letter during the fourth management phase.

39. The method of claim 38, wherein entries reflect all disbursements or debts incurred by a legal representative for the selected one of the records.

40. The method of claim 37, wherein at least one of the first and second phases includes a number of subordinate stages, the program generating a different set of prompts in accordance with a schedule over a number of days for each of the stages to prompt settlement of the corresponding claim.

41. The method of claim 37, wherein a third one of the entries corresponds to lost wages of a client suffering the corresponding injury.

42. An apparatus for managing plaintiff'"'"'s personal injury cases, comprising:

a computer system configured to generate a number of data records each corresponding to a different respective personal injury claim, said system having;

a first means for prompting entry of information during a pre-negotiation phase for said respective claim for each of said records, said first means being configured to generate a first number of data input prompts and a first number of corresponding letters in accordance with a first schedule spanning a first number of days, and said first means being further configured to generate a second number of data input prompts different from said first prompts and a second number of corresponding letters different from said first letters in accordance with a second schedule spanning a second number of days;

a second means for automatically generating a demand letter to an opponent to said respective claim from a standard form and a number of data items entered into a corresponding one of said records, said items including information input into said corresponding one of said records in response to said second prompts, said second means including a calculation means for formulating a proposed settlement amount stated in said demand letter;

a third means for scheduling and tracking events corresponding to litigation of said respective claim for each of said records; and

a fourth means for printing at least one check for each of said records from a number of values correspondingly entered therein.