TO: Margaret Davis

FROM: ______________, Associate

Re: Jane Suffolk/Evaluation of Notice of Claim Letter—Sept. 30, 2018 deadline.

Date: September __, 2019

Issue

Does the draft Notice of Claim Letter for Jane Suffolk satisfy the A.R.S. §12-

821.01 requirement that it contain a specific amount for which the claim can be settled?

Brief Answer

[Skip for now.]

Facts

Our client, Jane Suffolk, was involved in an automobile accident on April 3, 2018,

at the intersection of Campbell and Grant in Tucson, Arizona at approximately 4:30 p.m.

Ms. Suffolk was driving her car heading south when she approached the intersection.

Although there is a traffic signal located at that intersection, it was inoperable. She

proceeded through the intersection and then was broadsided by a car heading west on

Grant. The driver of the other vehicle claimed that the light controlling his side of the

street was also inoperable when he proceeded through the intersection. Thus, the traffic

lights were not functioning properly at that intersection.

Ms. Suffolk suffered injuries to her head, jaw, back shoulder, pelvic area, tibia,

collarbone, and wrist. The following are her damages known to date: 1) medical
expenses incurred to date of approximately $52,000; 2) future medical expenses

(unknown but expected to exceed $30,000); 3) pain and suffering; 4) lost wages of at

least $120,000 for one year; and 5) future loss of earnings of approximately $120,000 for

one year plus lost commissions.

Unfortunately, Ms. Suffolk’s treating physician is out of the country, so we have

been unable to obtain her medical records. In addition, because of her frail medical

condition, Ms. Suffolk is unable to gather the information on her earnings for the last

several years. While she is convinced that she will be unable to perform her job for at

least a year, her employer insists that she won’t be impacted that much, and he will make

sure that she is “compensated during her healing process.”

You have asked me to review a draft Notice of Claim (NOC) letter and evaluate

whether it satisfies the A.R.S. §12-821.01 requirement that it contain a specific amount

for which the claim can be settled. The letter first describes the circumstances of the

accident itself. It then includes the following information regarding Ms. Suffolk’s

injuries and damages:

Ms. Sutton suffered injuries to her head, jaw, back shoulder, pelvic area,
tibia, collarbone, and wrist. Ms. Sutton, who is a pharmaceutical sales
representative, has earned a base salary of between $99,000 and $120,000
for the last three years in addition to a commission based on sales. Her
commission has ranged between $25,000 and $35,000.

The following are her damages known to date: 1) medical expenses

incurred to date of approximately $52,000; 2) future medical expenses
(unknown but expected to exceed $30,000); 3) pain and suffering; 4) lost
wages of at least $120,000 for one year; and 5) future loss of earnings of
approximately $120,000 for one year plus lost commissions.

With respect to possible settlement, it states:

 For the purposes of resolving this case now, and for no other purpose, I will
recommend to my client that we settle her claims for the amounts stated
above. If this case proceeds to trial, we will be seeking damages for
$600,000. We have just been retained in this case and are in the processing
of collecting records and bills, and we will then be in a better position to
discuss this matter. This offer will be withdrawn 60 days from the receipt
of this claim, and suit will be filed.

A copy of the letter is attached.

Discussion

[Insert your CREAC analysis here]