PERSONAL INJURY CASE-SETTLEMENT DEMAND LETTER
Dear Sir/Ma’am:
As you know the office represents the above-referenced client in connection with the damages and injuries sustained in the above date of loss. The reckless ad unsafe nature of your insured’s operation of a motor vehicle, specifically VS22350, driving at a speed greater than reasonable or prudent given the existing roadway and traffic conditions endangering lives or property, was determined to be the sole cause of this accident, and subsequently the damages and injuries suffered by my client.
Accident:
On January 1, 2002, your insured drove dangerously in heavy congested traffic on Highway 85, causing a multiple collision in which Mr. Doe was rear-ended and propelled into the car ahead of him. (San Jose Police Department Traffic Collision Report hereinafter referred to as Traffic Collision Report, copy attached). The accident occurred on a clear day at about 9:30 AM, approximately 1100 feet north of the north concrete edge of the Stevens Creek Boulevard overcrossing in San Jose, California. Your insured was driving in the same lane as Mr. Doe and Alan Grey, also involved, heading southbound on Highway 85 in the #3 lane, the farthest right lane of three southbound lanes available. Visibility was clear. (Traffic Collision Report, pages 2, 5, 6 and 10)
Due to construction on Stevens Creek Boulevard, traffic was backed up in all southbound lanes in the area north of Stevens Creek Boulevard. Mr. Doe encountered stopped traffic and came to a halt immediately behind the stopped vehicle of Mr. Grey. Your insured, also in lane #3 of traffic, was overtaking Mr. Doe at a speed of approximately 60-mph. Your insured failed to notice that traffic had stopped ahead of her. As she approached the rear of Mr. Doe’s vehicle, she became aware that traffic had stopped and applied her brakes. However, she was going too fast to stop in time to avoid a collision with Mr. Doe’s vehicle. (Traffic Collision Report, pages 8, 9 and 10) Mr. Doe heard a sharp impact behind him as your insured slammed into the rear of his vehicle, propelling it forward, until it struck the rear end of Mr. Grey’s vehicle. (Traffic Collision Report, pages 9 and 10) Mr. Doe, buffeted back and forth, hit the right side of his chest on the steering wheel.
Property Damage:
Because of the collision, Mr. Doe’s vehicle, a well-maintained upgraded 1989 Nissan Sentra, was considered to be a total loss, due to damage to the front and rear end, and deemed valued at $2,079.00, an amount insufficient for the purchase of a similar replacement vehicle.
Injuries:
Mr. Doe sustained whiplash injuries from the accident, including a serious and persistent injury to his neck, waist, back and lower extremity brought on by a chronic lumbosacral musculoligamentous strain with persistent post-traumatic inflammatory change at that level. Mr. Doe had no prior history of serious injury or illness.
During the accident, Mr. Doe was first shocked and then felt dizziness immediately afterwards. Then he started to feel pain around his neck, head, shoulder, waist and legs. He developed severe neck pain and numbness in his fingers. In response to the worsening pain and other symptoms, he sought care at the Ching Eastern Medical Group for acute neck strain, tension headaches, nervousness, together with shoulder and low back strain. Even though, Mr. Doe’s condition improved progressively, the prognosis of his case remains guarded since injuries sustained from automobile accidents are known to recur due to exertion.
The amount of work Mr. Doe is now capable of doing is limited by pain since the aching and soreness in his waist, left hip and leg increase together with his tiredness as the day wears on. Before the accident, he was strong, vigorous and with great stamina, and capable of doing much strenuous physical work daily. Since the accident, Mr. Doe is no longer able to continue to exert himself at work and do strenuous physical activities because his leg and hip become painful again.
Because Mr. Doe has not been able to return to his former level of physical performance, he has not been able to regain and maintain his former physical strength. With his loss of strength, he has experienced a chronic loss of physical energy. Mr. Doe now takes ginseng supplements, a Chinese herbal stimulant used to increase physical energy levels, daily in order to have enough stamina to get through the work day.
Even though, Mr. Doe has received on-going treatment at Ching Eastern Medical Group and from the orthopedic specialist Allen Smith, M.D., aching and soreness in his waist, hip and leg with a chronic decline in energy have persisted since the accident.
Medical Treatment:
Immediately following the accident, on January 1, 2002, the ambulance crew found Mr. Doe at the scene with multiple areas of his body in pain, including his neck, chest, back and abdomen. Mr. Doe was lowered to a gurney, then immobilized and placed in a full C-spine with headboard strapped in place, before being placed in an ambulance, and rushed to El Camino Hospital Emergency Room.
On January 1, 2002, El Camino Hospital Emergency Room treated Mr. Doe for neck, back, right rib, and left lower chest pain. It hurt to breathe deeply because his lower rib on the left side was in pain. It was noted that he had mild lumbar paraspinal tenderness. He was advised that he had an inflammatory reaction, which had started after he was injured in the automobile accident and it would cause tightness, pain, and stiffness in his neck and back for a few days.
Mr. Doe was instructed to use massage, heat or ice to the painful areas, take over the counter medications for pain, and to use a rolled towel to support the head instead of a pillow. Then he was discharged on anodynes.
Since Mr. Doe was still suffering from severe neck, shoulder, waist, and low back pain, headaches and nervousness brought on by a whiplash type injury, from January 11, 2002 to October 10, 2003 he received medical treatment from Dr. William Ching of Ching Eastern Medical Group.
On January 11, 2002, after physical examination of Mr. Doe, he was determined to be suffering from acute neck strain, tension headaches, nervousness, and also shoulder and low back strain. Mr. Doe had guarded posture and appeared in distress due to tension from his headache, and pain in his neck and back. There was palpitation tenderness in both the occipital and apical region of the skull. Mr. Doe had pain with 20% range of motion at the posterior neck. There was tenderness at the C2 and C7 spine processes and at the interspinous ligament with muscle spasms and trigger points at the neck and back area. Tenderness was elicited at the lower end of the sternal clavicle muscles and the supraclavicular fosse. More trigger points were found in the sternomastoid muscles. There was tenderness in the right shoulder area and 80% range of motion of his right shoulder. The lower back revealed 60% range of motion.
Mr. Doe’s condition was improved steadily by Dr. Ching’s treatment consisting of electrical acupuncture, therapeutic massage, electric-stimulation, ultrasound and cold/hot backs to relieve the pain and muscle spasms associated with pain/strain syndromes. Mr. Doe did home exercises for his neck and back, and stretched repeatedly throughout the day, especially for the neck where there was an intensely painful spasm.
Mr. Doe was last seen on November 15, 2002. At that time, Mr. Doe was able to demonstrate a near 100% normal range of motion in the cervical and shoulder, plus an 85% normal range of motion in the low back. However, Dr. Ching stated that he felt the prognosis of Mr. Doe’s case should remain guarded since there would be a strong possibility that the injuries sustained from the automobile accident would recur due to exertion. Dr. Ching referred Mr. Doe to Dr. Allen A. Smith, for further evaluation and treatment.
(Ching Eastern
Medical Group bill: $7,470.00)
Allen A. Smith, M.D., Pharm. D.
Dr. Smith treated Mr. Doe from November 20, 2002 to January 30, 2001, for pain in the neck and upper back, and low back pain with points to the lumbosacral region. There was pain radiating from the left lower extremity to the foot with numbness. Prior to the accident, Mr. Doe was in good health with no past medical problems.
Physical examination showed that Mr. Doe had pain and tenderness with tightening up in the lumbosacral area of the back. Dr. Smith determined that Mr. Doe had a chronic lumbosacral and musculoligamentous strain, the result of being involved in an accident on January 1,2002, with persistent posttraumatic change at that level. Dr. Smith gave Mr. Doe an injection to the lumbosacral spine utilizing a mixture of Kenalog, Xylocaine, and Marcaine to give relief by reducing the inflammation in the area of pain. Dr. Smith also prescribed a 25-mg. dose of VIOXX, to be taken once daily by Mr. Doe.
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