Dear [name of insurance adjuster]:
I am writing in an attempt to settle my personal injury claim against your insured, Mary Williams, with respect to my vehicle-pedestrian accident with her on March 18, 2016, on Ninth Avenue, here in Anytown.
I have finished my medical treatment, and so I am enclosing all of my medical records and bills on this case. I am also enclosing photographs of the accident scene and of the damage to Ms. Williams’ car.
As you know, I was injured when Ms. Williams hit me while I was crossing Ninth Avenue at about 2:00 p.m. I was in a marked crosswalk, and the sun was shining. There was no sun in Ms. Williams’ eyes, as the incident occurred in the middle of the day. There was absolutely no reason why she couldn’t have seen me. I was directly in her field of vision, and I had the right of way. I didn’t see what she was doing just before the collision, but she obviously wasn’t paying attention. Maybe she was texting. Maybe she was talking on her phone. Maybe she was arranging her belongings on the passenger seat. I don’t know, but the bottom line is that she was clearly negligent in failing to pay attention to the road. I therefore assume that you agree that Ms. Williams is absolutely liable for my damages in this case.
As a result of this incident, I suffered a neck and thoracic (mid-back) strain and sprain, and a broken left arm. I was taken by ambulance to the hospital and put in a cast and given some pain medication. They told me to follow up with my primary care doctor, and they gave me a list of local orthopedists.
I followed up as instructed, and attended all appointments. I was in a cast for four weeks and had physical therapy for my injured back for eight weeks. I also did exercises at home.
I am a plumber and had to stay out of work for a month. As you can imagine, it is pretty hard to work as a plumber with a cast on your arm, especially when you can’t bend over comfortably because of an injured back.
As a result of Ms. Williams’ negligence, I lost four weeks of work. I earn $40 per hour as a plumber and work as much as I can, which is not always 40 hours per week. For the six months before the accident, I had been averaging about $1,200 per week. I therefore claim $4,800 in lost earnings. I also incurred $11,000 of medical and physical therapy bills. Luckily, I have health insurance, which paid these medical bills, but my health insurer has sent me a notice saying that they paid $5,500 toward these bills and that they want that amount off the top of any settlement that I might get from this case.
My total "special" damages therefore amount to $15,800.
I demand full compensation for Ms. Williams' negligence. This incident never should have happened, and would not have happened if Ms. Williams had been paying attention to the road as she should have been.
Taking into account Ms. Williams’ absolute liability and my damages in this case, I demand $70,000 to settle it. I look forward to hearing from you as soon as possible, and hope to be able to settle this case without the involvement of a lawyer. But if I do not hear from you within three weeks, I will assume that you have no interest in a reasonable settlement, and will turn the matter over to a qualified personal injury lawyer.