Sample Settlement Demand Letter for Personal Injury Litigation
October 19, 2013
GOOD HANDS INSURANCE COMPANY 1400 N. PROVIDENCE ROAD
PHILADELPHIA, PA 19151
ATTN: N. SURANCE,
RE: My Client: A. Ken Head
Your Insured: Al Coholic Claim No: 1234567890000000
Dear Ms. Surance.
Enclosed are the following medical bills and reports for my client, A. Ken Head:
Suburban Primary Care $59.00
Dr. David Smith 9,005.00
Main Line Open MRI 1,000.00
Philadelphia Neurology 1,350.00
This case involves a rear-end motor vehicle accident with clear liability. Your company has already paid $1,978.16, representing 100% of Mr. Head’s property damage.
My client was severely injured on May 19, 2005, as a result of this accident. Joseph Anderson, MD., of Suburban Primary Care, first examined him on June 5, 2005. Dr. Anderson diagnosed Mr. Head as having suffered a left paravertebral muscle strain and a probable leg strain.
On June 17, 2012, Mr. Head came under the care of Dr. David Smith. Mr. Head remained under Dr. Smith’s care through April 6, 2012. He was treated consistently throughout this period of time.
At the time of Dr. Smith’s initial examination, Mr. Head complained of headaches, neck pain, thoracic spine pain, left arm, leg, and hip pain. He had difficulty sitting, standing, and performing activities of daily living and work duties.
Because of the lingering nature of these injuries, Dr. Smith scheduled Mr. Head for an MRI and an EMG. The MRI was conducted on September 17, 2012, and was positive for bulging disc at L4-L5 and L5-S1 and spondylosis. The EMG was conducted on October 4, 2004. It was normal.
As of November 29, 2012, Mr. Head still had post-traumatic headaches and severe pain to his left cervical spine, low back, and left leg. He continued to make slight improvement with treatment through January 18, 2005, although his prognosis had not improved. In Dr. Smith’s report of February 9, 2012, he notes that Mr. Head was progressing with treatment, but that he continued to complain of stiffness in the lower back and neck pain. In Dr. Smith’s discharge report of April 6, 2005, he notes that Mr. Head still complained of lower back stiffness and right arm pain.
It was Dr. Smith’s clinical opinion that, as of April 6, 2005, my client’s condition had become permanent, and that further treatment would not necessarily elicit further improvement. He was discharged with a poor prognosis and was told that he would simply have to learn to live with his discomforts. It was Dr. Smith’s clinical opinion within a reasonable degree of chiropractic/medical certainty that Mr. Head’s injuries were a direct result of the accident of May 19, 2012, and that they are permanent.
In view of the clear liability and the severity of the damages sustained, settlement demand is hereby made in the amount of $65,000.00.
Please contact me after your review of this claim is complete.
Very truly yours,
EVAN K. AIDMAN