[Letterhead]
__[Date]__
__[Name and address of attorney or unrepresented party]__
Re: __[Case name]__
Dear __[name of, e.g., attorney for defendant]__:
In response to your request for a settlement demand in this
case, I have obtained and enclose documentation of Sandra Smith's
injuries and damages.
The following is a brief summary of the facts pertaining to
this claim:
LIABILITY
The accident occurred at approximately 11:30 a.m. on February
12, 1995, at the Central Shopping Center in Centerville,
California. Sandra Smith and her husband, George, had gone to the
shopping center to buy groceries. After parking their car, they
were walking along the sidewalk when Mrs. Smith fell as a result
of a depression or ramp in the sidewalk adjacent to the grocery
store.
Our investigation has revealed that the depression or ramp was
poorly marked (nearly all of its original paint had worn off) and
was further obscured by an automobile parked in a designated
parking space in front of it. We have also learned that other
people fell at the same location before Mrs. Smith's accident.
Under these circumstances, there should be no question that
the sidewalk was in an extremely hazardous and defective
condition, resulting in a clear case of liability against your
insured.
CLAIMANT'S PRIOR MEDICAL HISTORY
Sandra Smith underwent brain surgery in 1985, for removal of a
benign tumor from the right parietal lobe, and subsequently
developed a seizure disorder for which she takes anticonvulsive
medication. Although her seizures are currently controlled by
medication, she has required neurological and psychiatric care as
a result of this condition and has been unable to work in her
former occupation as a real estate sales representative since
undergoing brain surgery.
Mrs. Smith states that she has suffered from intermittent neck
pain for several years, apparently unrelated to any trauma or
injury, and that she has sought periodic chiropractic treatment
for this condition. Mrs. Smith also states that she had no prior
problems involving her upper or lower extremities. There is no
history of any prior injuries or accidents.
INJURIES AND TREATMENT
As a result of the accident, Sandra Smith sustained the
following injuries:
1. Injury to right foot and ankle, including a severe sprain
and possible fracture, as well as secondary venous damage;
2. Cervical strain;
3. Lumbosacral sprain/strain;
4. Injuries to both hands and wrists, including carpal tunnel
syndrome of the right wrist;
5. Injuries to both knees; and
6. Meralgia paresthetica involving the right thigh.
Mrs. Smith twisted her right foot and ankle at the time of her
fall, and fell forward into the sidewalk onto her hands and
knees. Because she was unable to bear weight on her right foot,
her husband assisted her to their home, where she rested for the
remainder of the day.
Due to severe pain and swelling of her right foot and ankle,
Mrs. Smith was seen in the emergency room of Centerville
Community Hospital on February 13, 1995, where she was examined
by the attending emergency room physician. X rays of the right
ankle revealed a reported sliver fracture of the lateral
malleolus, for which the emergency room physician applied a soft
cast to the right leg and also gave Mrs. Smith crutches. He
advised her to seek follow-up care at the Centerville Hospital
Orthopedic Clinic.
On February 17, 1995, Mrs. Smith was seen in the Orthopedic
Clinic by Thomas Anderson, M.D. Dr. Anderson noted swelling and
tenderness over the right malleolus and lower fibula, and
obtained X rays that demonstrated a possible fracture of the
lower fibula. He reported his diagnosis as a sprain of the right
ankle, with possible partial fracture of the lower fibular, and
applied a short-leg walking cast to the right leg.
Mrs. Smith returned to the Centerville Orthopedic Clinic on
February 22, 1995, for reinforcement of her cast, and on February
23, 1995, she was seen for further examination by Gloria Evans,
M.D., in the Centerville Family Practice Clinic. Mrs. Smith's
complaints at that time were of pain in her right ankle and neck
as well as numbness and a burning sensation over her right
lateral thigh.
In addition to the previously diagnosed problems involving her
right ankle, Dr. Evans felt that Mrs. Smith had suffered a strain
of her cervical spine. She also reported that Mrs. Smith was
suffering from a condition known as meralgia paresthetica, which
is a form of paresthesia involving the outer side of the lower
part of the thigh in the area of distribution of the external
cutaneous branch of the femoral nerve. Dr. Evans prescribed
Tylenol for pain relief and advised Mrs. Smith to return for
follow-up treatment.
On March 1, 1995, Mrs. Smith was seen by Clark Bradshaw, D.C.,
at which time she complained of pain in her neck and back as well
as pain and numbness involving her right wrist and right leg. Dr.
Bradshaw provided physical therapy and chiropractic manipulations
on March 1, 3, 5, 15, 26, and 31, 1995. He reported his diagnoses
as "acute lumbosacral musculo-ligamentous, sprain/strain with
vertebral displacement and accompanying paresthesia and
radiculitis into the right hip and leg, and cervical-dorsal
vertebral displacement with accompanying radiculitis into the
right wrist."
Mrs. Smith also continued to receive follow-up care at the
Centerville Hospital Orthopedic Clinic, and on March 24, 1995,
the cast was finally removed from her right leg.
On April 1, 1995, Mrs. Smith returned to see Dr. Evans in the
Centerville Family Practice Clinic, at which time she complained
of persistent pain and numbness involving her right leg and right
wrist. Dr. Evans again reported that the right leg problems were
due to meralgia paresthetica. She felt that Mrs. Smith's right
wrist problems were due to carpal tunnel syndrome, which is
caused by compression of the median nerve, and reported that this
condition was due to inflammation in the wrist secondary to Mrs.
Smith's fall of February 12, 1995. She provided Mrs. Smith with a
wrist splint, which she used for approximately one month.
Mrs. Smith's next visit to the Centerville Family Practice
Clinic was on April 22, 1995. By this time, her neck and wrist
pain had subsided, but she continued to have problems with pain
and swelling of her right foot. The examination revealed diffuse
edema and tenderness of the right foot and ankle, and Dr. Evans
reported that these symptoms were due to venous damage caused by
Mrs. Smith's injury. The doctor prescribed Tylenol for the pain
and advised her to exercise as tolerated.
Mrs. Smith returned to Centerville Family Practice Clinic
again on May 4 and 10, 1995, with ongoing complaints of pain and
swelling of her right foot and ankle as well as bilateral knee
pain. No particular treatment was rendered on these occasions,
and, since she was becoming increasingly concerned over her
apparent lack of improvement, Mrs. Smith made an appointment to
be seen by Gregory Shiffmann, M.D., an orthopedic surgeon in
private practice.
Mrs. Smith was examined by Dr. Shiffman on May 27, 1995.
Although he apparently felt that there was some hysterical
component to her complaints, he found some evidence of
chondromalacia involving both knees, as well as evidence of
reflex sympathetic dystrophy to the right foot (indicative of
injury to a peripheral nerve). Dr. Shiffmann applied an Ace wrap
to Mrs. Smith's right foot and referred her to Constance Klein,
R.P.T., for a program of physical therapy.
Mrs. Smith received physical therapy on June 2, 7, 9, 10, 14,
and 16, 1995, after which she noted significant improvement in
the condition of her knees. However, she continued to suffer from
pain and swelling of her right foot and ankle, for which she
consulted John Marcel, D.P.M., on July 12 and 19, 1995. Dr.
Marcel prescribed an unna boot for the right foot, and advised
Mrs. Smith to apply ice to her foot and ankle to reduce the
swelling.
Please see the attached medical records and reports for
further details.
SPECIAL DAMAGES
A. Medical and Related Expenses:
1. Centerville Community Hospital
(ER, 2/13/95) $195.00
2. Centerville Hospital Orthopedic Clinic
(PMC, 2/17-10/26/95) $497.00
3. Gloria Evans, M.D.
(2/23, 4/1, 4/22, 5/4, 5/10/95) $293.00
4. Clark Bradshaw, D.C.
(3/1, 3/5, 3/15, 3/26, 3/31/95) $475.00
5. Gregory Shiffman, M.D.
(5/27/95) $75.00
6. Constance Klein, R.P.T.
(6/2, 6/7, 6/10, 6/14, 6/16/95) $350.80
7. John Marcel, D.P.M.
(7/12, 7/19/95) $250.00
8. Transportation to doctors and physical
therapy visits (approximately 420 miles
at $.20 per mile) $84.00
TOTAL MEDICAL AND RELATED EXPENSES: $2219.80
B. Wage Loss:
None claimed. As stated above, Mrs. Smith was unemployed at
the time of the accident.
SETTLEMENT DEMAND
If the case can be settled at this time, based on the
foregoing injuries and damages, I recommend that Sandra Smith
accept the sum of $_ _ _ _ _ _ in full and final settlement of
her claim against your insured.
Please let me hear from you at your earliest convenience
concerning settlement of this matter.
Very truly yours,
__[Signature of, e.g., attorney for plaintiff]__
__[Typed name]__
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Legal Forms : Set Two