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April 22, 2012
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CERTIFIED MAIL – RETURN RECEIPT REQUESTED(10056)
Attn: Lana Dawson
P.O. Drawer 2027
Goldsboro, NC 27553
POLICY LIMITS TIME LIMITED DEMAND
Dear Ms. Dawson:
As you are aware, our firm has been retained to represent Robin Doe in his negligence claim against your insured. This letter is being sent to you pursuant to O.C.G.A. §51-12-14 and is in the nature of a demand for purposes of settlement and compromise only. It shall not be admissible for any purpose in the event that we are unable to resolve the case. My Client sustained a Tear of the Medial Meniscus in his left knee along with a Left Shoulder Sprain/Strain and has incurred over $2,359.00 in special damages, not including pain and suffering.
Mr. Doe is a 44-year-old self-employed farmer. We believe Mr. Doe makes a believable plaintiff and one that will engender sympathy from the jury.
Mr. Doe’s vehicle T-Boned on the driver side of his vehicle by your insured when your insured ran a red light. He complained of injury at the scene to the officer. As you can tell from the attached photos, the impact was significant and the energy was delivered directly to the left side of Mr. Doe’s body, which corresponds with his injuries.
Your client was charged with failing to stop for a red light. It is our position that liability is clear and the only issue to be negotiated in this case is the value of the bodily injury claim.
MEDICAL TREATMENT & FACILITIES:
Mr. Doe suffered injuries to his left knee, left shoulder, and trauma to his head. He treated the day after the accident with his primary care physician, Ravi J. Patel, M.D., for those complaints. He initially was experiencing pain in the left knee joint and left shoulder area along with stiffness in the spine. He was prescribed 600 mg of Motrin every eight hours and Darvocet N 100 for pain. He had significant bruising on the left side of his body along with bruising on his left leg.
He returned nine days later and complained of his hands going numb while driving along with pain on the left side of the thoracic region and continuing knee pain. His doctor suggested he home medicate with heat and ice.
He returned again on 2/10/06 and it was noted that the knee issues were continuing. Finally, he returned on May 9, 2006 and because the knee symptoms were continuing, the doctor ordered an MRI for his left knee. The MRI showed a tear of the Posterior Horn of the Medial Meniscus. Given that the meniscus was not getting dislodged and causing the knee to lock, the Doctor viewed the injury as non-surgical although that could change due to post-traumatic arthritis.
Mr. Doe also had continuing back issues and tried chiropractic care briefly, only going for 2 visits with Dr. Janice Lawrence. Ultimately he decided that he would just live with his discomfort because there was too much for him to do on the farm.
In summation, Mr. Doe’s medical care has been extremely conservative and totally appropriate in light of the severity of the collision and the injury.
ANATOMY OF THE MENISCUS:
The meniscus has several important roles in the knee. They act as a secondary stabilizer and act as a spacer between the femur and the tibia. By doing so, they prevent friction between these two bones and allow for the diffusion of the normal joint fluid and its nutrients into the tissue which covers the end of the bone. This tissue is known as articular cartilage. Maintenance of the integrity of the articular cartilage is critical to preventing the development of post-traumatic or degenerative arthritis.
The meniscus also plays a big role in shock absorption. The C-shaped pieces of tissue known as meniscii (cartilage in non-medical terms) lower the stress applied to the articular cartilage, and thereby have a role in preventing the development of degenerative arthritis.
(please see attached exhibits)
TIME LIMITED DEMAND:
Based on the permanent injury to my client’s knee and the high probability that he will develop post-traumatic arthritis in the future, my client hereby demands the sum of $17,359.00 in full satisfaction of his claims. This offer is open for a period of 30 days. We believe that it is highly likely that a jury will award a considerable amount for pain and suffering, both past and present in light of the probability of arthritis setting in.
Enclosed please find all medical records and medical bills in our possession, which document the claim and assist you in your evaluation. Please review the foregoing information and contact me, to discuss settlement prior to our initiation of litigation. We look forward to hearing from you soon in this regard.
Christopher Simon Attorney at Law
GRAND TOTAL – $2359.00
“I am thankful for all Chris Simon and his team have done for my daughter and I would recommend him to anyone who has been injured or lost a loved one due to an accident.”