West Palm Beach Florida car accident – Sample demand letter Call 1-800-74-TRIAL

Susan A. Jones, Senior Claims Representative
ABC Casualty & Surety Company Commercial Insurance Division
Boston, MA 02103

Re: Your Insured: Maples Condominiums
Claimants: Mary and John Smith
Date of Loss: 11/5/90
Claim No.: 10251227861

Dear Ms. Jones:

As you are aware, this West Palm Beach Florida car accident injury Law Firm is legal counsel to Mary and John Smith with regard to injuries which Mrs. Smith sustained on ____________________. We have completed our investigation, and acquired copies of all applicable medical and earnings records. Accordingly, we write to you at this time in an effort to resolve the Smiths' claims without the need for protracted litigation. The following analysis supports our belief that your insured bears sole responsibility for the injuries at issue and that the value of the claim is most significant.

LIABILITY

Mrs. Smith (a West Palm Beach Florida car accident injury victim) suffered a severe back injury on November 5, 1990 when she slipped on ice located in the driveway of Maples Condominiums, where she and Mr. Smith (a West Palm Beach Florida car accident injury victim) reside. I enclose duplicate original photographs which were taken on the day of the incident as well as certified copies of weather reports of the National Oceanic and Atmospheric Association for the five days preceding the incident. You will note that, although a snowy condition had been present for a period of time, the driveway had not been plowed. As a result, automobile tires compressed the snow, causing it to form an icy surface. Consistent with __________________________________________ the existence of accumulated snow and ice for a period of time sufficient for the landlord to discover and cure the slippery condition renders the landlord liable for injuries sustained as a result of the condition.

Mrs. Smith (a West Palm Beach Florida car accident injury victim) was injured in the vicinity of an exit on the north side of the condominium complex. Although this exit was technically on the side of the building, it is the exit most frequently used by tenants (and the one always used by the Smith (a West Palm Beach Florida car accident injury victim)s as explained below) to reach the street located at the front of the building. The only other exit suitable for that purpose is located at the front of the building, but requires pedestrians to negotiate numerous steps in order to reach street level. As a result, most tenants elect to use the side exit and to walk down the driveway to the street.

Given Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s age and physical condition, the difficulty she had negotiating steps, and the fact that she frequently accompanied her husband, who is confined to a wheelchair outside the home as a result of Parkinson's Disease, she always used the side exit at issue. In fact, one of the most significant reasons for purchasing the unit which the Smith (a West Palm Beach Florida car accident injury victim)s did was its location on the first floor of the building and its ability to be reached without the need to negotiate steps. This was well known to the condominium management.

As a result, it is apparent that your insured failed to take reasonable precautions in the circumstances. In this regard, it permitted snow to remain on the driveway under circumstances where it could reasonably expect vehicular traffic to compress the snow into an icy and therefore unsafe condition. Moreover, it allowed this condition to exist with full knowledge of the fact that most tenants, and the Smith (a West Palm Beach Florida car accident injury victim)s in particular, utilized the driveway as their sole means of reasonable access to the street. Given the difficulty Mrs. Smith (a West Palm Beach Florida car accident injury victim) had negotiating steps due to a prior knee injury, we believe that a jury will find that she had no choice but to use the exit and driveway at issue on the day of the incident.

In light of the foregoing, it is apparent that the hazardous condition your insured allowed to exist for an unreasonable period of time was the sole, direct and proximate cause of the injuries which Mrs. Smith (a West Palm Beach Florida car accident injury victim) suffered. Accordingly, we account to you for the Smith (a West Palm Beach Florida car accident injury victim)s' damages as follows.

DAMAGES

Upon falling on the icy driveway, Mrs. Smith (a West Palm Beach Florida car accident injury victim) suffered a ruptured lumbar disc at the L5-Sl level. The severity of the injury and the immediate pain and loss of function which resulted made it impossible for her to stand. When it became apparent that no one had seen her fall and, therefore, that help was not immediately available, Mrs. Smith (a West Palm Beach Florida car accident injury victim) struggled to drag herself up the driveway and into the building, a distance of over 50 feet. Note the evidence of this in the photographs.

She was then found, an ambulance was called and she was transported to the Westerly Hospital where she was admitted and came under the care of Dr. Setter Bones, an orthopedic surgeon. We enclose complete copies of the Westerly Hospital chart and Dr. Bones' office notes, which follow Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s hospital course, amply discussing the surgery which Dr. Bones performed as well as Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s slow and painful course of recovery.

The important medical facts are appropriately set forth and discussed in the ________________________________ report of Dr. I.M. Good, who examined Mrs. Smith (a West Palm Beach Florida car accident injury victim) at your request. You will note from your physician's report that Dr. Bones diagnosed a severely and acutely herniated disc at the L5-S1 level and performed an appropriate emergency procedure to remove the disc material without delay, thereby minimizing any permanent loss of function. Over time, the specific spinal injury and surgery healed well, but the residual effects of Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s injury have not resolved.

Dr. Good's physical examination provides extensive insight into the serious nature of Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s current status. First, she has suffered a 45 percent limitation of function of her right leg as demonstrated by Dr. Good's measurements of her range of motion consistent with the AMA GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT. We enclose copies of the relevant sections of the Guides which support Dr. Good's conclusions. This results from a loss of nerve function to her right leg and has caused a loss of muscle strength and a noticeable diminishment in the size of her right calf as compared to the left. Thus, Mrs. Smith (a West Palm Beach Florida car accident injury victim) has suffered a permanent loss of use.

Moreover, Mrs. Smith (a West Palm Beach Florida car accident injury victim) is now made to bear a clear disfigurement to her body resulting from both the loss of symmetry to her legs as well as the limp with which she has been left. These concerns and injuries are also documented in Dr. Good's report. He notes the persistent muscle weakness and resultant atrophy and the fact that Mrs. Smith (a West Palm Beach Florida car accident injury victim) has altered her mechanics of walking in an effort to compensate for this weakness and the foot drop which it has caused. When one considers that these conditions persist a full year after the incident, the true nature of Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s injuries, what she has been through and what she has yet to endure become readily apparent.

Dr. Good's recommendations certainly speak for themselves. He has found that her current condition should be treated by providing artificial support to Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s right foot and ankle. In this regard, he prescribed a below-the-knee orthosis for walking, and Mrs. Smith (a West Palm Beach Florida car accident injury victim) has followed this advice with limited success. Dr. Good also recommended that Mrs. Smith (a West Palm Beach Florida car accident injury victim) use a cane in her left hand which has obviously limited her ability to maneuver her husband's wheelchair when they travel outside their home.

Before retiring two years ago to help care for her husband, Mrs. Smith (a West Palm Beach Florida car accident injury victim) had been employed for 37 years by Acme Fabrics in Westerly, Rhode Island, most recently as a technician in the quality assurance lab. Her work was mostly performed while seated at a testing table, although some very limited walking and lifting were necessary. You will note from Dr. Good's report that, after a frank discussion with Mrs. Smith (a West Palm Beach Florida car accident injury victim) on this topic (which she had initiated at my direction), Dr. Good believes that the sole reason Mrs. Smith (a West Palm Beach Florida car accident injury victim) had retired was her husband's health and that, but for her injuries, she would have been able to continue in this employment for approximately 3 to 5 more years after the incident. We have also enclosed a letter from her most recent supervisor attesting to her value as an employee, the fact that she would gladly be given her job back even today if she wanted and could perform it and the fact that today she would be earning $25,000 per year.

Thus, we account below for a 4 year loss of earning capacity (the average of Dr. Good's opinion) at a flat rate of $25,000 per year (which is reasonable because an average over 4 years should be used). Under Rhode Island law, these damages are recoverable even by a retired person if the person was able to perform the employment but for the injuries at issue. (See ______________________________________________

These injuries have had a profound and devastating effect on the Smith (a West Palm Beach Florida car accident injury victim)s' lives. For an eight-week period following her discharge, Mrs. Smith (a West Palm Beach Florida car accident injury victim) was totally incapable of caring for her husband and was severely limited in her ability even to care for herself. As evidenced by the Westerly Hospital's Social Work Discharge Note (appearing at Tab 5 of the indexed hospital chart enclosed), Mrs. Smith (a West Palm Beach Florida car accident injury victim) definitely required outside assistance at home as a result of her limited mobility. As a result, the Smith (a West Palm Beach Florida car accident injury victim)s received home health care consisting of a private service for several hours a day as well as considerable assistance which was provided by the Smith (a West Palm Beach Florida car accident injury victim)s' two daughters.

Although the Smith (a West Palm Beach Florida car accident injury victim)s had received limited home health care before Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s injuries to assist in Mr. Smith (a West Palm Beach Florida car accident injury victim)'s care, after the incident at issue, the purpose of this care shifted dramatically. We estimate that for an eight-week period after Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s discharge, 100 percent of these services were attributable to her injuries; for an additional ten weeks, 50 percent of the services were so attributable; and from that point into the future, based on Dr. Good's findings regarding her loss of function, 45 percent of these services and, of course, the charges therefore are attributable to her injuries.

Although the Smith (a West Palm Beach Florida car accident injury victim)s definitely experienced a need for increased assistance, financial considerations prevented them from increasing substantially the home health care services which they had previously obtained. To compensate for this deficit, their two daughters (one of whom is a licensed nurse; the other a licensed pharmacist) have provided extensive home health care assistance by visiting the Smith (a West Palm Beach Florida car accident injury victim)s several times a day to assist with their activities of daily living. We estimate that their combined efforts averaged 4 hours per day for a ten week period; and 2 hours per day thereafter. Under Rhode Island law, the fair value of assistance and care gratuitously provided by family members because of a plaintiff's injuries is recoverable. (See __________________________________________________________________ Given the severe restrictions Dr. Good has found, it is certainly reasonable to assume that a portion of these services is necessitated by Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s injuries and, for that reason, are compensable as part of her claim.

It is painfully apparent that Mrs. Smith (a West Palm Beach Florida car accident injury victim)'s injuries have taken what was already an unfortunate and difficult situation and have made it dramatically worse. Mrs. Smith (a West Palm Beach Florida car accident injury victim) is currently frustrated in her efforts to provide the assistance to her husband which, as a devoted wife of 45 years, she was accustomed to doing. She has been forced to focus more on herself and the Smith (a West Palm Beach Florida car accident injury victim)s as a couple have been forced to impose additionally on their children for assistance. Where they once enjoyed leaving their condominium and taking walks with Mrs. Smith (a West Palm Beach Florida car accident injury victim) pushing her husband's wheelchair, they now rely on family and friends to provide automobile transportation as needed.

Moreover, Mr. Smith (a West Palm Beach Florida car accident injury victim) was forced to buy an Electric Mobility Cart (purchased used at a cost of $750) because Mrs. Smith (a West Palm Beach Florida car accident injury victim) is simply unable to push his wheelchair any longer. While this has permitted him to regain some of his former mobility, it has left Mrs. Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim) to spend more hours alone as she cannot walk any great distances. As a result, Mr. Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim) is able to attend weekly church services at the church near their home while Mrs. Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim) is not; she has been prevented from going out with her friends and, in fact, spends a large part of her time now confined to her condominium unit with little to do.

A complete description of the effect which Mrs. Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim)'s injuries have had on the family's lifestyle exceeds the scope of this letter. Suffice it to say that the Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim)s will make extremely sympathetic witnesses and their story can easily be expected to move a jury to return a significant award.

According, we account to you for damages as follows:

Lost Earning Capacity
4 years x $25,000/year $100,000.00

Medical Costs
Dr. Setter Bones $ 2,500.00
The Westerly Hospital $ 4,374.45
Westerly Radiology Associates, Inc. $ 53.00
TOTAL MEDICALS $ 6,927.45

Life Expectancy-12 years
Pain, Suffering, Enjoyment of Life
($100 per week x 12 years) $62,400.00

Home Health Care Services
(8 weeks x $40.30/week) $ 322.40
(10 weeks x $20.15 week) $ 201.50
(48 weeks to present x $18.15/week) $ 871.20
(624 weeks, future x $18.15/week) $ 11,225.60

TOTAL HOME HEALTH CARE SERVICES $ 12,620.70

Home Health Care Provided By Daughters
(4 hours/day x $9/hour x 10 weeks) $ 2,520.00
(2 hours/day x $9/hour x 48 weeks) $ 6,048.00
(2 hours/day x $9/hour x 624 weeks) $ 78,624.00

TOTAL HOME HEALTH CARE BY DAUGHTERS $ 87,192.00

TOTAL MARY SMITH (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM) (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM) $ 269,140.15

JOHN SMITH (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM) (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM)

Loss of Consortium & Services
of Spouse ($100/week x 12 years) $ 62,400.00
Electric Mobility Cart $ 750.00

TOTAL JOHN SMITH (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM) (A WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY VICTIM) $63,150.00

GRAND TOTAL $332,290.15

In accordance with the foregoing, we are authorized to settle the Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim)s' claims in full for the sum of $332,290.15. Given the time which has passed since the incident, we cannot leave this offer open beyond one month from today. Accordingly, this offer will automatically expire thirty (30) days from the date of this letter unless previously accepted or modified in writing.

We recognize that this is a substantial demand. However, our investigation, especially the time which we have spent discussing the matters with the Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim)s, causes us to believe West Palm Beach Florida car accident injury Law Firm ly in the reasonableness of this demand. Although it is unusual for me to do so, I hereby suggest that you consider taking the time to meet the Smith (a West Palm Beach Florida car accident injury victim) (a West Palm Beach Florida car accident injury victim)s in person before making your own valuation of the case. It is only in this way that you can appreciate the full measure of the losses which they have suffered-an appreciation which I believe should be gained during the negotiation process, not during the litigation process.

We look forward to hearing from you in the immediate future.

Sincerely,

____________________________
Plaintiffs' Counsel