LAW FIRM NAME

ATTORNEYS AT LAW
ADDRESS
CITY, STATE, ZIP
Telephone (XXX) XXX-XXX Facsimile (XXX) XXX-XXX

January 15, 2013

ADJUSTER'S NAME
Columbia Insurance
Address
City, State, Zip
RE:

Our Client:
Your Insured:
Claim No.:
Date of Loss:

JANE DOE
BAD DRIVER
09009999
March 10, 2009

Dear Mr. Adjuster:

As you are aware, our client has been released from medical treatment for the injuries she
sustained in the above-referenced collision. We have obtained the medical records and medical
bills regarding her treatment of those injuries. This correspondence is being submitted in an
effort to reach a compromise settlement of her claim.
The evidence will show that on Tuesday, March 10, 2009, our Client, Jane Doe employed
with Schmidt National Carriers was traveling in a 2003 Freightliner Conventional on I-285
northbound in a Certain County, Georgia. Your insured, Mr. Bad Driver driving for Late
Express was also traveling in 2007 Freightliner Conventional on I-285 northbound some distance
behind Ms. Doe. Both tractors were pulling 53 foot trailers. Ms. Doe saw that upcoming traffic
slowed down so she applied her brakes. When Ms. Doe slowed down, Mr. Bad Driver
apparently was not paying attention or was driving too fast and crashed into Ms. Doe's vehicle
with force, causing moderate to extensive damage. Officer E. J. George of the Certain County
Police Department came to the scene. I have enclosed a copy of the Georgia Uniform Motor
Vehicle Accident Report for your review.
Although, Ms. Doe did not have any broken bones, lacerations, or loss of limbs, that
required her immediate medical transport to a hospital for treatment, she was injured and

required medical treatment for her injuries after the initial shock of being hit subsided.
Ms. Doe was diagnosed with a lumbar sprain along with a right and left ankle sprain. However,
Ms. Doe continued to suffer from headaches, low back pain, neck pain, nausea, tingling in the
arms and legs, dizziness along with loss of sleep due to the pain. The pain was such that Ms.
Doe sought additional treatment. Ms. Doe was diagnosed with spasm of muscle and cervicalgia.
Ms. Doe was disabled by the injuries and unable to return to work and had to have treatment for
the injuries from March 10, 2009 until June 23, 2009.
On July 16, 2009, she presented herself to Dr. Treatment of the Peachtree Neurosurgery
for recommendation of surgery of possible disc herniation. Dr. Treatment examined and
diagnosed Ms. Doe as suffering from a slightly left sided disc protrusion of L4-5. Considering
her age of twenty-four (24) the doctor discourages her from having surgery because he feels she
is too young and recommends she should continue to undergo physical therapy.
I have enclosed for your review the available medical records and the medical bills which
includes an itemization of the paid medical bills and loss earnings. The special damages are
itemized as follows:

Medical Bills
Loss Wages

$ 27,676.56

(A. 1st 36 weeks at $166.65 per wk (3/11/09 -11/11/09) = $5,999.40

(B. 1st year average earnings $31,200.00
(C. 2nd year average earnings $36,400.00 and;
(D. 3rd year average earnings $41,600.00
(E. plus $5,000.00 potential bonus)

Future Medical Treatment**

TOTAL

$120,199.40
$ 30,000.00
$177,875.96

**based on 10 years @ $2,500

At the time of the collision she was employed as a company driver for Schmidt National Carriers.
Her rate of pay was $500.00 per week (average). She sometime had the potential to make well
above average. She was within the first (1st) year of her driving career. As a result of her
injuries, she has been unable to work and further as a result of the accident she was terminated
from her employment and has a future loss of earning capacity claim and a loss of benefits claim
and it appears that her career as a driver has ended.
In a collision of this nature, the entire skeletal system as well as the spine are suddenly hyper-

extended or stretched beyond its anatomical limits, and then hyper-flexed in the opposite
direction. This causes the fractures, simultaneous stretching and compressing of the ligaments,
articular cartilage, and the intricate layer of muscles that perform the complex function of
controlled movement and stabilization of the cervical and lumbar spine. Injured muscles then
become coarse with scar tissue. When smooth muscle fibers form scar tissue, the coarseness in
texture irritates surrounding muscles, which then go into spasm, bringing more muscles and
nerve fibers into play, and causes chronic pain. This is consistent with what has happened to Ms.
Wooten.
Prior to the collision, Ms. Doe enjoyed good health. She was active in her personal life. After
her injuries in the collision, her life changed. She endured many sleepless nights due to the pain.
The entire household was in disarray for many weeks. She continues to suffer periodic episodes
of pain and discomfort mainly in her back and legs. The pain is intense enough for her to use
over-the-counter medication for relief.
It is our position that liability is clear; that the impact between the vehicles were sufficient
to create a mechanism for injury; that our client were in fact injured in the collision; she required
medical treatment for those injuries; and that she endured pain and suffering.
After considering all the facts and circumstances in the case, we have evaluated Ms.
Doe claim to be $600,000.00. However, in an effort to reach a prompt and amicable
compromise of settlement of all claims, Ms. Doe has authorized me to accept $350,000.00
for a full and final release of all claims in this matter.
As an agent of your insured, you must in good faith attempt to settle Ms. Does claim.
Therefore, your insured's interests, as opposed to those of Columbia Insurance Company are of
primary importance in this matter. I hope in adjusting this claim that you advise your insured of
his/her potential liability. Your insured may also use this demand letter as evidence in any action
he/she may later file against Cincinnati Insurance Company following any judgment in excess of
the policy limits. If a judgment in excess of the policy limits is rendered, I will inform your
insured of the existence of this letter and his/her rights under Holt v. Southern General.
Also, be advised that pursuant to the "Unliquidated Damages Interest Act," set forth in
O.C.G.A. Section 51-12-14 and Buchanan vs. Bowman, 820 F.2d 359 (11th Cir. 1987), if you
fail to make payment on this amount within thirty (30) days from the mailing of this notice, our
client shall be entitled to receive interest on the claimed sum if, upon trial of the case in which
the claim is made, the judgment is for an amount not less than the sum claimed.
The interest provided for by the aforementioned Code section shall be at the rate of

twelve percent (12%) per year, and shall begin to run from the thirtieth day following the date for
the mailing of this written notice through to the date of judgment.
In view of the injuries sustained by Ms. Doe, as fully documented wherein, I believe this
is a just and fair demand. Please respond within thirty (30) days of this correspondence. I look
forward to working with you in an attempt to arrive at an amicable resolution to this claim.
Yours truly,

Attorney at Law
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