For a case involving injuries resulting from a slip and fall on ice, a special settlement demand letter is warranted.
Here is a sample for you to use in your own case.
Dear Insurance Adjuster: Enclosed is wage loss documentation and the complete medical specials for Nira Thomas.
Ms.
Thomas was severely injured on January 9, 2001 in a fall down accident for which you have accepted full liability.
Nira Thomas fell flat on her back after sliding on the ice on your insured's property.
She immediately made an appointment with Dr.
Jess P.
Jones and was seen by him later that day.
Ms.
Thomas received chiropractic treatments from Dr.
Jones on January 9, 11, 17, 29 and February 5, 2001.
Because the pain was not abating after these treatments, Ms.
Thomas requested a referral to an orthopaedist.
The pain actually got worse during the first six weeks after the accident.
The injury was exacerbated in the first two months by the physical and emotional stress of Ms.
Thomas's work responsibilities, which as detailed below, she was unable to substantially curtail.
Dr.
Leroy Hamm examined Nira Thomas on February 12, and March 14, 2001.
Dr.
Hamm's reports document that Ms.
Thomas had been having some lower back pain just prior to this accident.
The accident of January 9, 2001 exacerbated her lower back pain, causing it to radiate to her right buttock.
Dr.
Hamm diagnosed Ms.
Thomas as having suffered a lumbo sacral strain.
He prescribed medication and a lower back physical therapy program.
My client took medication for several months in conjunction with physical therapy, reducing the medication as tolerable.
Ms.
Thomas began receiving physical therapy on February 15, 2001 at Nova Care.
She treated consistently through May 18, 2001.
Ms.
Thomas received additional treatment at Physical Therapy Now from May 21, 2001 to December 4, 2001.
It was only this physical therapy which provided significant relief to my client.
Ms.
Thomas was examined by her internist, Dr.
William Schetzy in the Fall of 2001.
The report he prepared for the U.
S.
Department of Labor is enclosed.
Note that Nira Thomas continues to this day to suffer considerable back pain and has significant limitation in her activities of daily living as the result of this accident.
She takes pain medication typically on an intermittent basis, and on a daily basis when the pain is exacerbated.
She does exercises at home and receives massages from her husband, Robert.
The marital strain on both of my clients, sexual, emotional and physical from the time of this accident, has been great.
In addition to the daily marital and personal and work stresses Ms.
Thomas has been under, the delay in pursuing her biological reproductive objectives greatly impacted and continues to impact my clients to this day.
Financially, emotionally, physically and spiritually, it has been devastating.
Following the accident, Ms.
Thomas's supervisor would not permit her to substantially reduce her total weekly hours or work responsibilities for many weeks, until she was determined to be qualified under FMLA.
In extreme pain in January-March, 2001, Ms.
Thomas alternated standing and sitting at her desk, attempting to work on the computer.
She was unable to sit for more than 10-15 minutes at a time.
It was only after the FMLA qualification was submitted to the Human Resources department, that her supervisor was obligated to reduced Ms.
Thomas's hours and shift some of her work load to another employee.
Until then, Ms.
Thomas simply worked through the pain.
Another work consequence of the injury was that this supervisor did not allow Ms.
Thomas to pursue professional development training programs in the Spring of 2001.
My client had previously signed up for these programs but could not attend them because of her decreased hours.
This loss of professional development for Ms.
Thomas has impacted her earning horizons.
Ms.
Thomas loss in productivity after the accident was a major reason that she did not get a raise or cost of living increase during her annual review in July, 2001.
In view of the clear liability and severity of the damages sustained, settlement demand is hereby made in the amount of $85,000.
00 for Nira Thomas and $10,000.
00 for Robert Thomas.
Please contact me after your review of this claim is complete.