FINLAND INSURANCE COMPANY
Mr. Robert Smith
2222 S. Red View Way
Los Angeles, CA 80000
SENT VIA FACSIMILE TO (xxx) xxx-xxxx
RE: Your Insured: Jone Ashton
Claimant: John Dearfield
Claim Number: 111-2222-3333
Date of loss: September 10, 2016
Settlement Demand: $75,000.00
Expiration of Demand: October 10, 2017
SUBJECT: Settlement Offer: All Rights Reserved Pursuant to Evidence Code Sections 1152 and 1154
Hint: Motorcycle accidents cause severe injuries and sometimes death. Due to the weight difference between motorcycles and cars, the injuries associated with motorcycle v. auto accidents are almost always more severe than any other type of accident. For these reasons, motorcycle claims settle for higher value than typical automobile v. automobile collisions.
FACTS REGARDING LIABILITY
Hint: If the driver that struck you ran a red light, then it’s important to state that in your liability section of your demand for a number of reasons. First, their insured broke the law when they ran the light. This leaves no question as to who is at fault or liable for the crash. Next, since the other party will be found liable for the crash, the driver’s insurance company will be required to compensate you for your injuries, any medical care and treatment past/future/present, and what is called “pain and suffering.” Pain and suffering is commonly referred to as “general damages” because they compensate you for your physical pain and mental suffering associated with the accident. This is almost always where the insurance company and claimant disagree as to the value of the claim because you cannot put a dollar value on pain and suffering. However, the insurance company is required by law to compensate you for pain and suffering or “general damages.”
No issue of liability surfaces in this matter: On September 10, 2016 I was riding my motorcycle on Sherbert Avenue in Los Angeles California. I came to the intersection at Sherbert and 4th Street when I saw your insured run the red light at the intersection which caused his vehicle to crash into my motorcycle proximately causing my injuries and damages.
BODILY INJURY AND MEDICAL TREATMENT
HINT: Always list your medical care and treatment providers and keep track of all of your bills/payments made to each provider. This will all need to be included with your demand and the insurance company will reimburse you for these costs via your bodily injury settlement.
Immediately following the crash I was taken to Downey Hospital in Downey California. At this time the doctors examined me and found that I suffered multiple head/neck contusions, an arm fracture, road rash, and multiple broken ribs. They said I’m lucky to be alive. Upon arrival to the hospital the doctors took x-rays, CT scans, and gave me an IV with pain medication. I spent a sleepless night in the emergency room before I was discharged home with instructions to seek further treatment in the morning.
Dr. Rose- Mountain Top Medical Group
2 days after my accident I presented to Mountain Top Medical Group to be fitted with a cast and for further examination and treatment of my injuries. At this time I had back, neck, shoulder, leg, and arm pain and discomfort. My injuries have been keeping me awake at night and preventing me from getting a good nights rest. The doctor performed an examination on me and found tenderness and spasm in my spine. He wants me to get an MRI so he can better assess what is going on with my neck before returning for a follow-up visit.
Mountain Top Imaging Center
On September 13, 2016 I presented to Mountain Top Imaging Center for an MRI of my Cervical Spine focused on my neck area that has been in pain since the wreck. The MRI read as follows:
C1-2: 3-4 mm disc bulge indenting on root
C3-4: 2-3 mm disc bulge
Dr. Rose Mountain Top Medical Group Follow-Up
A few days later I returned to Dr. Rose with my MRI for a follow-up visit. At this time he diagnosed me with multiple disc bulges in my neck. He told me my neck pain will continue to bother me for at least 6-8 weeks! At this time I was experiencing severe pain and discomfort throughout my body. My neck pain was by far the worst of my symptoms as it wouldn’t subside no matter what I did.
After returning for a few more visits my neck pain continued to persist. At this time Dr. Rose recommended I receive a Cervical Epidural Injection for the pain. Although the injection is expensive, I decided to move forward with the procedure after discussing it with Dr. Rose because at this point, I was willing to do anything I could to relieve my ailments.
Cervical Epidural Injection-
2 days later I returned to Dr. Rose for an Epidural Injection in my lumbar spine. The procedure went well and my pain was relieved for about a week or two before it returned. When my pain returned I was required to take more time off work due to the debilitating symptoms which prevented me from working and performing my daily living activities.
After my injection, Dr. Rose gave me a prescription to receive physical therapy treatment over the course of 4-6 weeks. He instructed me to return for a follow-up visit 1 week later for my final examination before finishing treatment with my physical therapist.
HINT: Because an epidural injection is considered a surgical procedure it will greatly increase the value of your settlement if you decided to move forward with the procedure. This is because the insurance company has an abundance of evidence and medical diagnosis that support your injuries.
Dr. Walker Physical Therapy
Towards the end of December I began treating with Dr. Walker, PT. At this time,she helped me regain strength to the injured areas of my body. Dr. Walker was instrumental to my recover and her treatment and exercises provided me much pain relief. Additionally, Dr. Walker gave me exercises to do at home when my pain and symptoms flare-up and become exacerbated. I continued to see Dr. Walker for 6 weeks due to the duration of my pain and ongoing symptoms. Dr. Walker instructed me to return on an as-needed-basis should my pain flare-up or become exacerbated for any reason.
Mountain Top Imaging………………………..$3,000.00
Dr. Rose Mountain Top Medical Group………$5,000.00
The previously referred to attachments provide you with sufficient documentation to reasonably evaluate this claim. As you know, this accident has changed my life forever. I will never get back on a motorcycle despite my great love for them. This accident has caused me so much grief, anxiety, stress, and physical pain than anything i’ve ever been through in my entire life. With this in mind, I am making a demand for settlement of my injury claim in the amount of $75,000.00 in exchange for settlement and a full and final release. This demand will expire on October 10, 2017 at 5:00 PM. Please call me to discuss.
HINT: Explaining how you suffered and describing your physical pain helps the insurance adjuster picture the accident and makes you more than just numbers on a paper. Writing down a detailed account of your pain and suffering as a result of their insured’s negligence will greatly increase the value of your claim, so be sure to leave nothing out.
Very truly yours,
Tel: (213) 555-7777