QuestionI am a 62 year old disabled Vietnam Veteran. I badly injured in an automobile accident on January 4, 2008. I had to fire my attorney in November 2010. My case is scheduled for trial on May 2, 2011. I sent the following demand letter to the insurance company. The insurance company offered me $75,000 in December 2010. I've been told that I could go to trial without an attorney.
Any assistance in this matter would be greatly appreciated.
thanks,
Lewis
Please accept this letter as my formal written demand for the available policy limits in this case; i.e., $1,000,000, and $2,000,000 for pain and suffering.
The information contained in this letter and the supporting documentation attached hereto is a summary of the facts of the case, as I understand them and which will, in substance, be presented before a jury in the event that an amicable resolution of this matter cannot be reached. The information and the attached materials are provided for the purpose of settlement negotiations only.
1. Facts of the Accident:
a. On January 4, 2008, at approximately 11:46 a.m., I was driving northbound on Commerce Avenue in Longview, Washington to eat lunch with my wife. I was going through the green light at Tennant Way when I was suddenly, and without warning, struck by your insured, Brandon Armstrong, who had run a red light. The Longview Police Department arrived at the scene and your insured received a citation. Please see the attached State of Washington Police Traffic Collision Report for the complete facts on this accident.
2. My Injuries:
a. Cervical sprain/strain
b. Lumbar sprain/strain
c. Muscle spasms
d. Tooth extraction
e. C5-6 Disc protrusion
3. Treatment:
Immediately following the accident, I was transported to St. John Medical Center via ambulance. The impact of the hit was on the right front area of the vehicle and pushed me to the side, causing immediate neck and back pain.
On May 20, 2008, I had an MRI taken at Longview Radiology. The results revealed the following:
- C5-6: A midline and right paracentral disc protrusion and marginal spur complex resulting in central spinal canal stenosis;
- C6-7: Marginal spurring and annulus bulge is present.
On May 30, 2008, Dr. Robert Arnsdorf reviewed both MRI results from 2006 and 2008 and noted the following:
- MRI results from 2006 revealed less severe narrowing at C5-6 bilaterally;
- Although I was involved in a previous automobile accident in 2005, the cervical disc protrusion was secondary to this accident.
Following the MRI, I had a surgical consultation with Dr. Norman Rokosz on June 28, 2008. Dr. Rokosz suggested a posterior cervical laminoforaminotomy at right C5-6 and a fusion from an anterior approach
.
Dr. Mitchell Weinstein with Mt. Talbert Medical Center also reviewed the MRI results on July 28, 2008. He assessed that the focal narrowing of the right C6 nerve root foramen is dramatic when compared to the left side and was the likely anatomical locus for his right arm pain. Dr. Weinstein also reviewed the previous two MRI studies from 2001 and 2005, which revealed the following:
- No arm pain description in 2001 results;
-Only mild to moderate degenerative changes, primarily at C5-6;
- Nothing was found in the 2005 MRI to explain any arm pain.
4. Special Damages:
a. Medical Expenses:
American Medical Response $ 1,090.34
St. John Medical Center $ 518.00
Longview Physical Therapy $ 1,907.00
C.J. Bartness, DC $ 2,666.00
Department of Veterans Affairs $ 1,128.24
Apple Dental $ 640.00
Longview Radiology $ 1,411.00
Dr. Robert Arnsdorf, MD $ 290.00
Dr. Ricney Newhouse, DDS $ 741.00
Dr. Norman Rokosz, MD $ 259.50
Kaiser Permanente-Kelso Medical Center $ 3,143.65
An Elite Touch Massage $ 1,100.00
Total Medical Expenses: $14,894.73
b. Wage Loss
At the time of the accident I was employed by Longview Fiber as a Senior Computer Programmer/Web Developer. The injuries I sustained from the automobile accident prevented me from performing my daily job duties at a rate of $25.51 per hour. I have not worked since this collision. Please see the economic loss report of Eugene Silberberg, PhD.
Total Economic Loss: $ 368,369
c. Future & Continuous Treatment
I continue to be a candidate for treatment for Post Traumatic Stress Disorder due to the motor vehicle collision. Taking into account all of the above, I have conservatively estimated my future medical expenses to be $3,094.00.
I also continue to be a candidate for a surgical procedure due to my injuries sustained in this motor vehicle collision. Dr. Norman Rokosz also recommended that I undergo anterior cervical fusion. Taking into account all of the above, I have conservatively estimated my future medical expenses to be $14,000.00, to include adequate post surgical follow-up care.
Total Future & Continuous Treatment: $17,094.00
TOTAL SPECIALS: $400,357
I contend that your failure, to respond to the following statements from the Independent Medical Examiners, and offer the available policy limits to protect your insured, is an instance of bad faith. Please be advised that I am fully prepared to hire an attorney to present my case in court.
As the plaintiff, I underwent an IME with Dr. Ronald L. Vincent and Dr. George Sims on July 20, 2010. I was examined by Dr. Richard Schneider, M.D. on August 5, 2010. The report is attached hereto as Exhibit “A” (i.e. Independent Medical Examiners (IME) Report)
This reader read the entire Report from cover to cover, carefully, and critically. In the state of Washington providers who perform IMEs must know:
• Purpose of an IME.
• Responsibilities during the exam.
• Responsibilities regarding testimony.
• Information to include in the report.
The Defendant’s expert’s reported the following:
1. “07/14/83 The first record…l literally cannot read some of this writing
2. 07/18/83 Again, unfortunately, I just cannot read most of the writing
3. 08/03/83…Again, I cannot read all this information and note there is just short of a single letter signature…I still cannot identify which one this might be
4. 05/29/84 I am still suspecting this is Dr. Gee now for these handwritten notes…Apparently his back pain was actually neck pain. He had a negative test for syphilis
5. 09/03/91 He had referral for medical care….with Dr. Ostrander. I cannot read the signature….I cannot fully read it….I cannot read the next term…Apparently some treatment was being considered, but I cannot read that either.
6. 1992…Bradley Powers, MD saw him...but the signature is not legible
7. 02/12/92 Joe MacKenzie, PA at Longview-Kelso Medical Office evaluated Mr. Lanham...This is the first time I have seen any additional psychiatric diagnosis
8. 12/31/07….There are also some copies of loan records from 1983 mixed in with this chart and associated with his chemical exposure. There are also multiple bills
9. 02/08-06/08, Handwritten progress notes from unknown provider
10. 06/18/08, Dr. Brenc contact
11. 06/20/08 with a return visit, there was a report to review from Dr. Rokosz.
12. On May, 30, 2008, Dr. Rokosz at Rebound Neurosurgery…Dr. Rokosz also advised him to try acupuncture. On July 20, 2008 he was in for a 6-month followup
13. 07/2008 Continuing through his records, he went in for a six-month followup in July of 2000….I would note again that there seems to be an embellishment of his history for that accident.
14. 2008 This seems to be the same pattern he followed after other injuries
15. 08/08/08...He was given an article 15, for running away from a Vietcong….He was originally discharged dishonorably.
16. 2009 Now I note with the Superior Court of the State of Washington and for the County of Cowlitz a stipulation concerning confidentiality of plaintiff’s records, the defendants being Brandon Armstrong and Jane Doe individually and the marital community comprised therefore as defendants the attorney’s….The attorney of record of his was Andrea Hoburn Bernarding
17. 10/15/91 He attended physical therapy. He was found to have herpes
18. February 13, 1992, a ‘To-Whom-It-May-Concern’ letter from Mr. Lanham. He was apparently complaining selective racial discrimination. I did read the report. But I’m not going to comment on it.”...The problem was “stress he is experiencing as a result of…racial discrimination at work.”... he is having difficulty with the commute to work and is afraid he will fall asleep. He has taken to chewing carrots slowly as a way to keep himself awake
19. …I estimated his intelligence to be an IQ of 100…We know from his records in the past that he was not a man who would hold back.”
The defendant’s experts have a greater need to know how to write understandable English. If I owned a business, and hired experts, who could not ever learn to put one word in front of another, I’d be out of business. For example,
1. Exhibit “B”, a record the defendant’s expert could not read. It states
a. “7-14-83 Re: SEEN MMC ER 7-12-83 FOR EXPOSURE TO CHEMICAL GAS AT WORK 7-11-83.
b. …Worked as technician in bldg. could smell fumes all day that day.
c. 7/12 Note headaches, SOB, CXR @ MMC
d. 7/13 Chest discomfort…CXR @ MMC
e. 7/14...Still sore, chest tightness, fatigue”
f. 7-18-83 Re: FREQ H/A’s BASE OF SKULL, JOINTS ACHING GETTING WORSE SINCE THIS WEEK – END.
i. Advise determine toxic inhalant.
g. 7/19 Called Poison Control in Seattle”
2. Exhibit “C” states,
a. 7-27-83…Evidence for toxic liver, muscle injury
3. Exhibit “D” states,
a. 6-27-84 RE: MUSCLE/JOINTS UNCHANGED LOTS OF NOC SWEATS
b. Idiopathic syndrome…related to exposure
4. Exhibit “E” In a letter dated, 26 August 1985, Dr. Reuben P. Morris, Jr., M.D., writes,
a. “The patient has been seen by Dr. Shostal and states he was told he had a pinched nerve in his neck and might possibly require surgery in the future. He was also seen by Doctor Kirkpatrick, an associate of Dr. Gee, and he states that he was told the his myalgias may be related to his pinched nerve and the he should seek neurosurgical evaluation.
b. The impressions are:
i. No evidence of a radiculopathy.
5. Exhibit “F” Dr Jon Kretzler MD Orthopedic Surgeon writes,
a. “03/08/00, This is a 51-y/o male who presents for evaluation of his right shoulder. He suffered injury to his shoulder 20-some years ago when he fell, on his shoulder. Since that time he has had some chronic .intermittent shoulder pain.
b. 1/09/01...Scheduled for an MRI of his cervical spine at Kaiser Sunnyside next week. I think this will be helpful to rule out cervical nerve root impingement
c. 6/19/01...An arthrogram will be obtained to rule out a cuff tear.
d. 7/03/01…Review of arthrogram shows evidence of a large rotator cuff tear… He will be scheduled for repair on 7/12/01
e. 8/27/01, Here for reevaluation of his right shoulder...No true impingement sign…He was given a note allowing him to return to work on 8/28/01.”
6. Exhibit “G” Document by Dr. Frank Eigner, MD
7.
8. Exhibit “H” Document by Dr. Paul Brenc, MD
9. Exhibit “I” On 02/21/09, I was evaluated by Patrick Radecki, MD in Longview, Washington
10. Exhibit “J” State of Washington Police Traffic Collision Report
11. Exhibit “K” Economic Loss Report
12. Exhibit “L” Discharge Information
13. Exhibit “M” The defendant’s expert performed my psychological exam on August 5, 2010.
14. Exhibit “N” The phrase “Chewing carrots slowly as a way to keep himself awake” comes from this document along many other words and phrases
15. Exhibit “O” My life before the accident
War with its rotting corpses, agonized screams of the wounded, acrid smoke of gunpowder, the heat of napalm bombs and the terrors of fleeing refugees was seen by this reader’ eyes for 367 days in Vietnam. I was fighting for the freedom of all Americans. I am deeply offended by the false statements such as; he was punished for “running away from a Viet Cong.”.
I have an actual recording of all of the exams. I did not get married at Fort Stewart. Georgia.
And I have two honorable discharges
Spoliation is the intentional destruction, alteration, or concealment of evidence. Spoliation may also cause the court to shift the usual burdens of proof in the case. For example, in an Alaska case, the nursing notes were “lost,” impairing the plaintiff’s ability to prove malpractice. The Alaska Supreme Court held that, because the spoliation by the defendant, the burden of proof must shift from the plaintiff to the defendant (sweet Sisters v. Providence Washington, 1995).
Furthermore, in some cases, the discovery of altered records can result in the defendant being found negligent.
There is no doubt that I was severely and permanently injured as a result of this motor vehicle accident. Allied Group Insurance insures defendant Brandon Armstrong.
The full $1,000,000 policy limit will protect both your insured from a larger judgment, as well as your interests. I will accept $3,000,000 as the full and final settlement of my claim.
I look forward to hearing from you soon on this matter, no more than 15 days from the date of this letter.
Very truly yours,
Lewis Lanham, Jr.
AnswerLewis,
I don't think there is much I can add to your case. You have done your homework. I will say that there is normally not a cause of action for bad faith when you are a third party, but it is not unheard of. Bad faith is normally the breach of a contractual duty that was maliciously or carelessly done. In third party instances, such as yours, there is normally a general duty to deal in a fair and reasonable manner. What you may have is a deceptive business practice, and not a bad faith claim. Anyway, your case will definitely require a trial. You are definitely a sympathetic witness for yourself which is very helpful. I truly don't think you'll get a fair settlement without a jury dictating the amount. Ultimately, you are the only person that can put a value on your claim, everybody else is just going to be guessing at how much money your pain and suffering is worth.
You might benefit from a telephone consultation. Petty Details, LLC is easy to find on the net and I will do my best to personally answer the telephone.
