QuestionQUESTION: hi i was wondering if you would consider this a good demand letter and
based on every injury in the letter do u think i am asking for enough
compansation????TO Courtney Bowden,
On April 01, 2009, my 1999 Ford Taurus was struck by your insured, driver
at the corner of Verona and Bretta road. She ran through a stop sign and then
your insured driver car’s front end T-Boned my car forcing me into on coming
traffic over the median into a guardrail. Totaling my car paid for by your
company.
I was transported to the St, Mary’s hospital emergency room where I was x-
rayed and examined. My injuries were a head trauma, (concussion) a raised
contusion in the left temple area, extreme chest pain tenderness to my right
lower lateral ribs, severe right shoulder pain, severe headaches, cervicalgia,
back spasms, memory Disturbance.
I had follow-up treatment with my family physician, Dr. Sarah Rowe. She
diagnosed me with post concussion syndrome, and referred me to a physical
therapy for my neck and right shoulder. I was giving prescribed medication
for my back spasms, extreme headaches and for the pain in my ribs as well
as the pain in my neck and right shoulder. I have seen a neurologist and have
been request to go back I am scheduled to do so on July 15 2009
My medical bills totaled $4073.85 (Copies of bills attached)
As a result of the accident I was unable to attend our family trip to Miami
Florida and attend our family reunion. I was also unable attend a friends
funeral as well.
As a result of being hit by your insured car, I could not try out for the Wolf
Pack basketball Team at Madison Area Technical College. I also was unable to
attend school for summer courses in 2009 at Madison Area Technical
College. This will set me back for plans to achieve goals of attending an out
of state college in 2011. I was unable to transport my self and handle daily
obligation. I had to hire someone to help me with that for $250. I have been
unable to aggressively pursue a job due to the extreme pain caused by the
accident. Due to the type of field I work in and have come accustom to
(customer Services call center) requiring you to type and look into a computer
screen in which I cannot do due to the pain in my right arm and the extreme
head aches that becomes unsustainable when in the light and when there is
even the lowest volume of sound. Due to the extreme head aches in
association with the motor vehicle accident And also the loss of the ability to
work with my right arm (primary arm) and back spasms I have been unable to
continue my daily workout causing me to gain weight and became stressed
and established self esteem problems. Do to the memory loss I have had
trouble reading and writing and interacting intelligently with others. This was
extremely embarrassing and may have damaged my reputation. I also
suffered hair loss due to this stress that will cost between 500-1500 dollars
for treatment I also had to hire a cleaning person to take care of the house
and I will continue to need someone as long as I have pain in my neck, back,
and experience head aches. So far, this has cost me $600.00.
My special damages come to $4,968. My future damages may be another
$2,500 for medical bills and house cleaning.
I have had considerable pain and suffering as a result of this accident and
continue to suffer from neck and back pain as well as headaches. I have had a
tremendous amount of interruption in my daily life and have not been able to
continue my normal living standards. This accident has caused a tremendous
amount of confusion in my life it has affected my family members and
friends. Due to the specific injuries there has been a complete negative shift
in my life I have been unable to live my life I also am having trouble learning
new things. I demand settlement of my claim in the amount of $30,000.
Please respond to this demand with an offer to settle within 10 days.
Thank you.
Sincerely,
ANSWER: Hi Dion,
The letter reads well and covers all of the bases. The amount you are asking for seems like a good starting point for negotiations.
You will need to send all of your actial medical bills, receipts for services such as house cleaning, etc.
You should explect that initiall the insurance comapny will likely say that some of your medical expenses were unnecessary and will refuse to reimburse them. They will also say that you future medical expenses will ahve to be substantiated by your doctor. The will also likely make you an offer to settle of less than $7,500.00. Then it will be up to you to negotiate from there.
If at any time you do not feel the insurance adjuster is treating you fairly, you should seek the services of an attorney.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: based on the information in the demand letter what is a good settlement
amount
AnswerHi Dion,
It would be hard for me to say because I do not have access to all of the detailed medical records. However, I based on what you have stated I think a reasonable settlement will end up being 10k to 12k.
I hope this helps
Richard Hixenbaugh
