An injury-claim plan may change when a new medical record arrives, a witness is identified, coverage is clarified, a deadline is confirmed, a settlement proposal is received, or an earlier assumption proves incomplete. A change should not exist only in memory. A short written record can show what changed, why it changed, who decides the affected question, and what happens next.

A claim-plan change log should identify the new source, the issue it affects, the prior plan, the revised plan, the decision owner, and the next review date.

Record the trigger before describing the response

  • Date received, source, author or custodian, document or communication title, version, and location in the claim file
  • New fact, corrected fact, disputed fact, missing fact, new deadline, new proposal, or changed instruction quoted or summarized accurately
  • Issue affected: liability, coverage, causation, damages, evidence, procedure, communication, cost, timing, or another identified category
  • Prior plan and the information on which it was based preserved instead of rewritten after the change

Separate client decisions from legal means and administration

North Carolina State Bar Rule 1.2 addresses the allocation of authority between client and lawyer. It states, among other things, that the client decides the objectives of representation and whether to settle, while the lawyer consults with the client about the means used to pursue those objectives.

  • Decision or instruction, person responsible, consultation needed, information needed, and date due
  • Client objective kept separate from a proposed tactic, office task, medical choice, insurer request, or court requirement
  • Scope of representation and any limitation checked before assigning a task to the law firm
  • Medical decisions left to the patient and qualified clinician; a claim log records instructions but does not replace care

Write the change in a form the client can review

Rule 1.4 addresses consultation, status information, responses to reasonable requests, and explanation sufficient for informed decisions. The rule does not require a particular spreadsheet or template, but it provides a useful reason to make material changes understandable.

  • Previous step, revised step, reason, expected effect, known cost or burden, and alternative considered
  • Question requiring client input, deadline for the answer, and what remains undecided
  • Person assigned to request a record, contact a source, perform legal research, confirm a date, or report back
  • Follow-up date and the event that will trigger another review

Do not convert a plan into a prediction

  • A changed plan does not establish fault, coverage, medical causation, claim value, or outcome
  • A newly received record may be incomplete, disputed, superseded, or relevant to only one issue
  • Legal advice, factual assumptions, client instructions, medical guidance, and administrative reminders labeled separately
  • Old versions retained so later readers can understand the sequence rather than seeing only the current summary

The related guide to when new information should trigger an updated injury-claim review explains which developments warrant reconsideration. This page owns the narrower task of recording the reason, authority, decision, and follow-up after that review occurs.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about North Carolina personal-injury matters involving a changed claim plan. The appropriate response depends on the representation agreement, the complete file, the client’s objectives, and current law.

Sources