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Demand Letter Samples, Templates, and Forms to Settle Your Personal Injury Insurance Claim



This page will present one of the many examples insurance demand letters or claim letters available to members at www.SettlementCentral.Com. This is what you, the claimant, will send to let the adjuster know you are ready to settle your injury claim, AND to transmit your proof of liability and damages.

As we have said many times on this site, there is NO MAGIC involved in the format of the demand letter or the words one uses or the means by which the value of the claim is determined. Just work hard on learning some of the ideas we offer, and present your claim honestly, openly discussing any weaknesses it may have.

In fact, CREDIBILITY is much more important than any format for a demand letter. Credibility is key, and credibility is earned in three ways.
  1. FIRST, by your honesty and admitting problems your claim might have, and discussing them as an advocate by marshalling your facts to support your position.

    As for whatever weaknesses your claim has-be it your medical condition at the time of the accident, be it your past or present personal life, be it your failure to treat or to follow doctor's orders, or for whatever reason you believe a jury or an adjuster might devalue your claim-you cannot hide it, and you are better off admitting it and dealing with it right there in your demand letter.

    Approach this as if the adjuster already has full documentation of your weakest points right there in her file. And if you have read elsewhere in the SCC members' side about the information THEY have about you, it is likely true that the adjuster DOES have that information in her file.

    SECOND, by making your demand for a reasonable amount, not something far beyond the value of your claim. Go to the SCC members' page "Use Settlement Leverage to Increase Your Award", which will tell you that a demand must be reasonable in order to create leverage. A reasonable demand puts pressure on the adjuster. Do not exaggerate your injuries or overvalue your claim. Do not make an outrageous demand.

    If a case has a settlement value range of $7,500 to $9,000, do not come in with an initial demand of, say, $39,000. That demand will create no leverage for you to use. But a demand of $15,000 gives the adjuster some incentive to respond, especially if you let him know that you will retain an attorney should the case not settle. He has the pressure of dealing with a reasonable demand or facing the uncertainty of a higher award in a jury trial. More:

    THIRD, by being organized and presenting yourself as someone that is willing to put in the work necessary to achieve a fair settlement.

    What is the nature of the quality of your demand letter presentation of your claim? Is it thorough, organized and professional? The best way to settle your accident claim efficiently is by being ORGANIZED and well-documented. It will increase your chances to demonstrate to an insurance company all the damages that you have suffered during this traumatic experience and also the chance to get the maximum out of your injury award.

    See these two SCC member' side pages: Six Strategies For Success AND Confirmation, Notification, and Transmittal Letters: Making a Record in e-mail or Paper. More:

    SCC members who have read and follow those two pages are ORGANIZED and knowledgeable about the insurance claims process and thus will not accept a low-ball offer. . It is a fact that most of the claimants the adjuster deals with are lazy and will just take and make phone calls to resolve issues. Thus, by making a written record-either by e-mail or paper-you will stand out as someone who will be more likely to pursue your claim to a successful conclusion. Through those pages, SCC members have learned to be organized, patient, and persistent and to have the resolve necessary to see their case through to a successful conclusion.

    Whether or not you elect to become a member of www.SettlementCentral.Com, take these three lessons to heart: credibility, reasonable demand, and organized work product.

    The Structure of Your Personal Injury Claim Letter
    We are going to present parts of an insurance demand letter sample that is presented in nine distinct topics. You make whatever organization suits you and your claim. This sample demand letter would look like overkill for a claim where the medical expenses were less than $1,500. So for smaller cases, just shrink this demand letter example down.

    The sample demand letter that follows would be fine for claims wherein the medical expenses are more than $2,500, but less than $20,000. This includes the vast majority of accident claims from auto accidents, dog bites, and slip/trip and fall accidents.

    Any bodily injury insurance claim with medical expenses above $20K should be considered a complex claim. The same goes for any accident claim involving two or more of the following:
    • Serious liability dispute;
    • Negative "Independent" Medical Examination (IME) Result;
    • Termination of First party Benefits (PIP or MedPay);
    • Injuries to the same area of your body, either prior or subsequent to this accident.
    • Wage Losses in excess of $5,000 in dispute.

    For complex insurance injury claims, we do invite our members to use our special module of pages, entitled Complex Claim Scenario. We set this aside as a separate category because it will require extra planning, demonstrative evidence, lay witness statements, etc. More:

    Site Plan for Demand Letter Samples and Instructions:

    1. Summary of Claim and Demand
    2. Background
    3. Past Medical History
    4. Facts of Accident
    5. Injuries and Treatment
    6. Wage Loss; Duties Under Duress
    7. Medical Expenses
    8. Interference With Normal Enjoyment of Life (some things I can no longer do-even if pain is delayed until the night or next day)
    9. Evaluation and Summary



    1. Summary of Claim and Demand

    Your Address and Date

    Hint: Use her full TITLE in the address
    Ms. Good Hands, Senior Claims Representative
    We Make Big Money Insurance Company
    Mailing Address

    RE: Your Claim Number:
    Your Insured:
    DOL (m/d/y):

    Dear Ms. Good Hands,

    Hint: This means she cannot use the information or the enclosed medical reports or witness statements in a trial, unless her attorney has acquired them through formal "discovery" process
    I am writing to submit my demand for compensation in exchange for a full release of your insured. The information and materials sent with this letter are for settlement purposes only, and my not be used at trial unless obtained through legal process.

    Summary of Claim and Demand

    Hint: The idea here is to summarize your claim and dollar demand at the outset. That way, the adjuster has your thinking in mind as she reads your letter. The summary should not exceed four or five sentences, including the total dollar amount. You need to be firm and state your dollar amount here, although you do not argue for it here: that is done in the body of the letter. Just plant the seed in her head from the outset. .
    As you know, I was injured when your insured entered an intersection without stopping at a stop sign. I underwent over sixteen months of medical and chiropractic care, and still I have residual pain when I exert my body. I was able to return to work, although I lost some time due to pain and additional time for doctors' appointments. Once you have reviewed this letter and all the documents in the file, I believe you will agree with me that this case has a settlement value of no less than $19,200, all inclusive. That is the amount I am demanding in compensation for this injury.

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    2. Background
    For eight years prior to this accident I had been enjoying excellent health, and I participated in many physically demanding activities. My work as a warehouseman was not overly taxing, but still, it did require some physical exertion. I have never been in an accident nor made a claim other than one instance some 13 years ago, when I was injured as a passenger in a car.

    3. Past Medical History
    Nothing remarkable in the past eight years. I did have complaints of a sore back from work starting nine years ago, in October 2001. I treated conservatively with a chiropractor and the pain subsided within six weeks. Thereafter, I had chiropractic treatments whenever I felt back pain. This was on a twice per month average. Within a few months I had no pains whatsoever, and I quit chiropractic care entirely over eight years ago, my last visit being November 2002. Since then, I have had no complaints of pain or treatments of areas of the body that were injured in this accident.
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    Did you know that it is legal-and increasingly popular-to settle YOUR bodily injury insurance claim? Do it yourself AND WIN! Get MAXIMUM insurance results, AND put the award in YOUR POCKET, not the attorney's. Why pay a stranger to do what you can do for yourself?

    Get your MAXIMUM VALUE INSURANCE SETTLEMENTusing the information, forms, and samples at www.SettlementCentral.Com.


    4. Facts of Accident
    I do not think there will be any disagreement about the liability of your insured: he clearly did not stop at the red light, and his speed caused a hard crash to my vehicle. There is nothing whatsoever that I could have done to either avoid this accident or to lessen its impact. Hence, the fault must be 100% attributed to your insured.

    The accident occurred in Dreamtown, at approximately 6:05 pm on November 18, 2009. I was proceeding northbound on Taylor Ave., and I had entered the intersection with NE 12th St. preparatory to making a left turn. This intersection is controlled by lights. I had waited on a red light, and when it turned green, I checked both ways and saw no traffic approaching, and so I signaled my turn and moved into the intersection to make my turn just after an incoming car would pass. I was waiting there for a few seconds, with my vehicle in gear: my left foot on the clutch pedal and my right foot on the brake pedal.

    I did not see the speed with which your insured approached the intersection, but he must have been going fast, beyond the speed limit, because he latterly came out of nowhere. When I next checked both ways while waiting to make my turn, your insured was just about to enter the intersection from my left. He was going eastbound on Ne 12TH-and he was approaching at a high rate of speed. He did not see that he had a red light, and I do not think he even saw that I was stopped directly in his path until just after he entered the intersection.

    I saw that he was headed directly for my driver's door, and I tried to move my vehicle straight ahead so as to get out of his way. Foot off the brake and to the gas whilst easing out on the clutch. But by the time I could react, and move my feet to the right pedals, my vehicle had just started to move when your insured hit my vehicle on the driver's side, just behind the back door.

    I hope that he could slow enough to gain control and steer to the right, passing behind my vehicle. And in fact he did appear to slow down a bit as the approached the intersection, but at his rate of speed, he was unable to control his vehicle sufficiently to steer behind me. There was nothing I could do to avoid the collision.

    Your insured hit my vehicle with enough force to spin it halfway around. He hit me on my driver's side, and I was thrown toward the door and window at impact. I did not feel any pain at the time of the accident, and I said so to the investigating officer. It was not until later that night that I first noticed the pain building up in my lower back and my neck.
    The impact was significant and I was absolutely shocked and stunned

    I felt a TREMENDOUS IMPACT and horrible crash. And then my vehicle was SLAMMED and spun fully halfway around, so that I ended up pointing down 12th St. My body was thrown violently toward the driver's side door and window. My head struck the window and my left shoulder hit the door. I was then thrown back toward the passenger's side, and my seatbelt caught me and my head and body were swung around with a lot of force. It is difficult to describe how hard I felt my head whipped back and forth. The impact was significant, and I was absolutely shocked and stunned and confused for some time afterward.

    Hint: Mention use of seatbelt inasmuch in regressive states insurance can use failure to buckle as a defense

    Hint: Always tell why you have delayed seeking medical care help
    I did not think that I had lost consciousness-had not even given it any thought whatsoever. And so when the police officer popped the question, I denied suffering any loss of consciousness.. In fact, I was so stunned for an hour afterward that I even denied any injuries even though my head hurt from hitting the window and my left shoulder was already aching from smashing into the door. I am glad that I was restrained by my seatbelt or else the violence of this crash surely would have resulted in much more serious injuries.
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    5. Injuries and Treatment
    Hint: Always tell WHY you have delayed seeking medical care
    I was very stiff and sore the next few days, and I had some headaches. But I just attributed the pain to a temporary shaking up of my body that I thought would go away soon enough. When I started to feel pain at work and then at night at home, I became concerned, and I sought medical care for my injuries. I called my doctor's office.

    Admittedly, this was about three weeks after the accident. I called the nurse at Dr. G. Practice's office (my family doctor) because I still thought this pain would go away. She gave me some general advice on relaxation and over-the-counter medications, and suggested that I needed to see Dr. Practice soon if I did not improve.

    Two days later I called back and got my appointment; given my desire to self-treat and to avoid seeing doctors, you can understand why I waited over a month to see a doctor. Dr. Practice examined me and stated that the accident had caused a sprain or strain in the soft tissue areas of my left shoulder, my scapular area, my low back and my neck. I also told him about the occasional headaches I was having. He gave me some instructions for exercise and relaxation, and prescribed medications. I complied with the instructions of my doctor and took the medications prescribed. Hence the five afternoons I took off from my work to rest my back and neck. Still, my symptoms persisted, although they lessened with time.

    Hint: Doctor specifies work loss and attributes it to the accident. Great documentation!
    Actually, the pain got worse in those first weeks, so I did see Dr. Practice again, and he prescribed additional medication (as noted in his records), together with the rest and exercises for movement. I found that I could not work even half a day without suffering pain in my low back and my neck. So Dr. Practice decided that I should get some relief from the stress of a full work day, and he prescribed one week of half days only.

    His records and the prescription sheet he sent for my employer are attached. Please note that he specifies that this time off is required to heal injuries caused by an auto accident.

    The doctors treated me for a strain or sprain of my left shoulder, scapular area, lower back, and my neck. As I stated, I have never had any prior injury to those areas; nor have I made any claim for damage to those areas.

    My neck would flare up whenever I had to do a lot of computer entry at work. And my low back was also painful after sitting a long time at work. My shoulder was very painful sometimes, but mostly that part, including the scapula area, was just a dull ache.

    I was also given some exercises to do, and my wife, Shannon, religiously helped me with them each night. We also were cognizant of the doctor's instructions to avoid heavy physical activity and lifting.

    Hint: Note that he DOES SPECIFICALLY FOLLOW the prescribed courses of action, and if you have done the same, be sure to mention that fact. ON the other hand, where the injured claimant may not have done much of anything to comply with the directions of his doctor, the adjuster has some facts to diminish the award. Follow directions from your doctor, and document that fact! It will pay.
    Hence, the snow-shoveling was hired out to a boy and a girl in our neighborhood. We also put off going skiing this season until we got the "OK" from my doctor.

    With the afternoons of rest I did not get worse, but I did not improve a lot, either. I continued with my medications and my exercises, as prescribed by my doctor. I let my doctor know of my progress and also of my problems. I did not know whether or not he wanted to know a lot of detail, so I summarized a couple of my reports for him.

    After six months, he had nothing more to offer, so I told him I was going to try chiropractic. He did not try to discourage me. I got an appointment with Dr. F Finehands, D.C., whose name I was given by my former chiropractor (see discussion in Past Medical History above from treatments in my former location). Dr. Finehands treated me conservatively with chiropractic manipulations, and I began to improve over time.

    I became able to work a full day without the pain I used to suffer after a day of even light activity. My ability to lift things has been diminished, but then again I am not in a job that is heavily dependent upon lifting. Just the same, I do pay for it later that night whenever I have to lift even light boxes at work during the day. The next morning my back will be sore and in pain. But the bottom line is that the treatments from Dr. Finehands allowed me to live a more normal life than if I had just stayed with the medication and rest routine I was on before. I made substantial progress as a result of the chiropractic treatments, which were necessary and reasonable.


    SIDEBAR: Colossus & Like Valuation Software Impact-Demand Letters are IRRELEVANT Unless Supported by Medical Records

    Among the first things we want our members at www.SettlementCentral.Com to learn is how to get accurate facts into their medical records. There is nothing that will impact the value of a claim more than that. Why? Because about 70% of the claims are adjusted by using valuation software, such as Colossus and the like. And those programs do not consider one word of a demand letter unless it is supported in the medical records.

    Consider these quotes from attorneys and former adjusters with experience in claims valuation software.

    From Sylvia Hsieh, Lawyers USA (2006): "Today, about 60 percent of all auto insurance claims are processed through Colossus, which is used by leading insurers such as Allstate, American Family and Farmers. Other insurers use similar software-State Farm uses TEACH, and other companies rely on Injury IQ, ICE and Decision Point. Yet plaintiffs' attorneys are not keeping up with the insurance companies, and for the most part are getting beaten by the system.

    "Only a minority of lawyers and doctors have a clue what's going on," said Aaron DeShaw, an attorney and chiropractor in Portland, Ore. who has written a book called "Colossus: What Every Trial Lawyer Needs to Know." Some plaintiffs' attorneys have thrown in the towel and are turning away accident cases unless they involve extensive injuries. Plaintiffs' lawyers are frequently ignorant of what value drivers are treated as significant by Colossus.

    Las Vegas attorney Steven M. Burris:
    "The adjusters are strictly required to only go by, injury-wise, what information is in the medical records. If it is not in the medical records, then they are not allowed to even consider it.

    "So, for example, were you to say, "As a result of this accident my client can no longer play golf," Colossus will pay no attention to it unless the doctor says exactly the same thing in his records. (And interestingly, if such a thing were said in the medical records, it probably would add several thousand dollars value to the claim.) When it comes to discussing the damages issues re injuries, the lawyer must stick to the four corners of the medical records documents. If it is not in the medical records, it doesn't count. Stupid rule, but that's apparently how it's done."

    Attorney and Chiropractor Aaron DeShaw:
    "While the legal profession has historically used narrative-style demand letters to convey claims, much of the information provided in such a demand letter has no value in Colossus. Adjusters look almost entirely to the medical records for the information required by Colossus."

    Former Adjuster and current Colossus expert James J. Mathis"
    "Claims representatives do not read most demand packages. Colossus questions the claim representative about different aspects of the case and, depending on the answers derived from the medical chart notes and medical records as well as their impact on severity, adjusts the base profile rating up and/or down. The lay and legal communities did not understand these programs in the past and still don't. They don't understand how to communicate with the adjuster because they don't understand how to communicate with Colossus type programs.

    The impact medical records have on the final authority of a claim is of more importance than any demand package put together by an attorney. Claim representatives do not read most packages. There is so little information, which is provided in them, which can be inputted into the Colossus equation.

    It will do little good to simply recite your alleged injuries unless your medical records support your allegations. Adjusters do NOT pay on your statements of injury unless you have some foundation in the medical records.
    "No medicine: no money" is a truism in this insurance claims settlement business. And it is a bit cynical, but the insurance adjusters who recite it to those of us who represent injury victims know it to be true. "No medicine: no money" means that general damages awards in bodily injury insurance claims depend upon the quality and quantity of medical care necessary. Reasonable and necessary medical costs incurred by claimant will increase the value of personal injury insurance claims at www.SettlementCentral.Com.
    That is why we teach our members how important it is to discuss all of your injuries, no matter how small, with your doctor and have them noted in the medical report. The members' side of www.SettlementCentral.Com is replete with dozens of tips on how to get your injuries documented ACCURATELY in the medical records.

    CONCLUSION: Get onboard SettlementCentral.Com-learn how to get accurate facts that will support you claim INTO your medical records without alienating your doctors. If YOU do not take charge of your medical records, the probability is that they will NOT support your claim as you wish to present it in your demand letter. Simply put: the experts quoted above are right: doctors do not know what values are given to parts of their records, and thus for the most part, they fail to support their patient in her claim for bodily injuries.

    SOLUTION: take charge of your own records. Learn what is necessary and learn how to tactfully educate your doctor. She WILL appreciate your providing her with online information from the best trial attorneys regarding the use of these computer valuation programs (like Colossus), including demonstrations of how she can include within her medical findings those "value drivers" that increase the value of a claim in the Colossus system.



    Here is a series of pages on the www.SettlementCentral.Com members' side that our members use in order to make their medical records more effective. The solution MUST START with an educated claimant-that is YOU.

    Once you know what is at stake and how to fix it with your doctor, you will be halfway there toward making an effective demand letter because you have attacked the problem proactively at the source: your doctor's notes and her records of your treatments.

    • Burden of Proof: What do YOU Have to Prove & By What Standard Will You Prevail? More:
    • Tactful Ways of Educating Your Medical Professional More:
    • Educating Your Medical Professional: Computer Control of Tort Claims More:
    • Educating Your Medical Professional: Burden of Proof More:
    • Why do Treatment Professionals "WAFFLE" in Their Written Records and Reports? More:
    • Learn to Identify "WAFFLING"-or Worse-in in Your Medical Records
      • Waffling Example #1.
      • Waffling Example #2.
      • Waffling Example #3.
      • Example #4: Worse Than Waffling-Insertion of a "Poison Pill" More:
    • Plan of Action: TACTFULLY Bringing Your Treatment Professional Up to Speed More:
    • What to Say About Past Accidents-Medical Record Secrets-Lifestyle Choices-Insurance Claims-Criminal Convictions More:
    • Insurance Services Office (ISO) Connects "Claims Advisor" to its "ClaimSearch" All-Claims Database More:
    • Insurance Big Brother: ALL Past Claims Are Monitored-ALL Doctors and Attorneys Charted for Insurance Claim Results; Credit Scores and Insurance Premiums; How to Learn What Insurance Knows About YOU More:
    • Claims Valuation Software Controlling Claims Settlements? More:
    • Members' Side Colossus Module More:
    • Educating Your Medical Professional: Computer Control of Tort Claims More:
    • Prepare your own statements and your witness statements in the sworn testimony format, such as a Certified Statement or an Affidavit. Formats for these two are found in the Members' side Witness Module and specifically in How to make lay witness testimony "sworn" or "certified" for consideration in evaluating your claim. More:
    • Please see Negotiations With Insurance Adjuster Regarding Use of Lay Testimony AND see Letter Response to Insurance Adjuster Regarding Lay Witness Testimony in Personal Injury Insurance Claim. More:
    • If the adjuster refuses to comply with your request to give the under oath statements due consideration, please see Letter to State Insurance Commissioner Re: Adjuster Excluding Testimony of Lay Witness. More:


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    6. Wage Loss; Work Under Duress
    Now, with respect to my wage loss claim of $1,501.50, I am enclosing a letter from my supervisor at work, General Foreman Greg Tough, which identifies the problems I had at work due to my injury. It also states that my company has no program available for transfer to light work in the case of an injury. Thus, the foreman agrees that the most reasonable thing to do in the circumstances was to take such time off of work as may be necessary to heal. Please note that Dr. Practice was the one who determined that this time off was necessary as the result of the bodily injuries I sustained. See his notes in my records.
    In all, I missed the afternoon of the accident, four additional full days, the ten half days for healing, and the ten hours necessary for my doctor appointments.

    This is a reasonable absence from work, especially when the time away was mainly for healing. The total owing on work loss amounts to $1,501.50, consisting of 91 hours times my gross wage of $16.50 per hour.

    Please also note that when I did work those half days, I was working under duress inasmuch as I was not healed, but my employer required my attendance since my work is essential to the production.


    Lost wages will be paid ONLY if the absence from work is necessary due to the accident injuries, and the amount can be proven empirically (i.e. wage rate times days lost), and is not subject to speculation (i.e. claiming that a new salesman lost some commissions might be a challenge). Try to find where your doctor authorized you to take time off work, and cite that to the adjuster. It is not essential for the doctor to have mentioned time off work, but if she did not, then you will have to prove the medical necessity of staying off of work. This is doable, but takes some effort.

    You can use your pay stub and quarterly or monthly pay summary to show hours lost and the rate paid. A brief two sentence letter from your employer is best, but pay stubs can be used. Include GROSS INCOME, do NOT deduct the taxes and so forth in making your claim.

    "Duties under duress" is a value-added component under Colossus.


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    7. Medical Expenses & Special Damages
    Please note that all enclosed medical bills do show the ICD-9 code for the service rendered. I am enclosing medical bills and prescription receipts totaling $2,389.73, as follows:

    Dr. G. Practice, M.D (Examination and 3 visits)

    $360.00

    Prescribed Drugs (per Dr. notes)

    44.73

     

     

    Dr. F. Finehands, D.C. (Initial Exam & 36 visits)

    $1,985.00

    Total Medicals

    $2,389.73

     

     

    Special Damages Summary:

     

    Lost Wages

    $1,501.50

    Medicals

    2,389.73

    Transportation (560 miles X $.50 per mile)

    280.00

    Total Special Damages

    $4,171.23




    This is where you will include all special damages. Medical expenses are at the gross amount charged by the doctor, NOT at the discounted amount Medicare or some HMO paid her. If you had to use an appliance, such as collar, crutch, cane, jaw splint, TENS unit, etc. be sure to include those expenses here. Transportation costs are compensable. We use the latest IRS business allowance for transportation costs. In 2010 it was 50 cents per mile for business miles driven. The fact that they allowed only a fraction of that for the deduction of medical expense miles is IRRELEVANT to the actual cost. THAT is a policy determination, whereas the business expense is supposed to more accurately reflect the actual expense.

    The adjuster who uses Colossus or a like system must input the ICD-9 codes, after which the software converts the code to its own proprirtary treatment code. You can list each treatment with the ICD-9 code, or just reference the fact that they are included on each and every billing from your doctors. more.


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    8. Interference With Normal Enjoyment of Life (some things I can no longer do-even if pain is delayed until the night or next day)
    As of this date, I am continuing to see Dr, Finehands, approximately two or three times a month, and as needed. I do have continued pain in by low back and occasionally in my shoulder/scapular area and my neck. These come on me without notice or need for exertion: as I mentioned, even sitting or standing for long periods can bring pain to my low back area. You will note that about four weeks ago I returned to my medical doctor to explain the current situation and to ask if there is any course of treatment he would recommend.

    Of course he would have to comment that I should lose some weight. But he is not saying my extra pounds contribute to my pain. He mentions the benefits I am having from the chiropractic treatments, and, although he does not specifically recommend them, neither does he instruct me to quit. Thus, he gives tacit approval to my continued treatment with Dr. Finehands.

    I will not tell you that I cannot "do" some activity that I used to do before this accident. A person can probably "do" many things if he is willing to pay the price. I have not done anything that has caused an immediate sharp pain in my back or neck. On the other hand, I have done a number of activities that I used to do and have paid the price in pain later on.

    Sometimes the pain comes at night following a daytime exertion, and sometimes I do not experience it until the next day. But be assured, any and all physical exertions are almost always followed by pain of some kind. And I am not talking about lifting and throwing bowling balls. I am speaking of exertions such as standing to mow the grass for an hour, or simple vacuuming as my weekly chore. I believe you will see some of this discussed in the notes from my chiropractor.

    Hint: This would be a good place to insert testimony from a witness that establishes the fact you were an active participant in some activity before the accident, but that he has not seen you do it since.
    One activity that would seem not to require a lot of exertion is dancing. My wife and I used to go dancing at least once or twice each month. We have a special place to go that features good music and no liquor or cigarette smoke, so we were able to completely enjoy ourselves. We met a number of friends at the dance hall.

    Unfortunately, my injuries have brought an end to that activity for both of us. We tried to dance about six weeks ago, and discovered that I could move around pretty well. The only problem was that I had a very difficult time toward the end of the evening because my low back was sore. That night I could not sleep and awakened many times because of increasing pain in my low back. That was the last time we danced, and I hope it is just a temporary thing, because this was both a social friendship for us-and a special part of our relationship. I should also point out that I do believe in healing, and I am looking forward to the time I can live my life pain free each day.

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    9. Evaluation and Summary
    Naturally one is inclined to personalize trauma and its related suffering. Taking that perspective one would tend to overvalue a claim, since there is some unknown market factor that is always at play to bring down the value of the case.

    I have tried to use my awareness of this human tendency to personalize everything to advantage here by imagining what an advocate for your side might see wrong with my case. I hope I have done an adequate job of keeping a balanced approach to this matter, and of anticipating your questions by providing the answers ahead of your review of this letter.

    This is a case where there is clear liability and I think most people will conclude that my moderate medical/chiropractic care was reasonable and necessary to my recovery. The same goes for my wage loss claim. The total of $4,171.23 in special damages should stand any examination as having been reasonably incurred as a result of your insured's negligence.

    This injury has dogged me ever since the accident and it continues to affect my life today. In light of the detail regarding interference with normal living (provided above, and as documented in my medical records), I believe a reasonable award should be no less than $15,000 for general damages. That would bring the total value of my claim to no less than $19,200, all inclusive. Please indicate your agreement to that amount as soon as practicable.

    Very Truly Yours,

    Your Name




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