SAMPLE ONLY

December 5, 2011

Nationwide Insurance Company

Attn: Mr. John Doe

P.O. Box 147081

Gainesville, FL 32614

RE: Our Client: John Doe

Defendant: Jane Coe

Claim No.: 7709200467660430201001

D/Accident: 04/30/2010

Dear Mr. John Doe:

As you know, the undersigned attorney represents John Doe in an action for personal

injuries against Jane Doe. I am submitting the following demand and enclosures for your

review to determine if a settlement can be reached prior to litigation.

The police report enclosed, essentially depicts how the subject accident occurred. On

April 30, 2010, Ms. Doe, operated a 2001 Volvo and carelessly crashed into a 2001

Chevy in which Mr. Doe was driving. Mr. Doe’s vehicle flipped over several times,

before coming to a stop. Officer Robinson, from the Florida Highway Patrol, issued a

citation to Ms. Doe for careless driving in violation of Florida Statute 316.1925(1).

This is a clear liability case of one hundred percent negligence on the part of Ms. Doe and

there is no issue of comparative negligence on the part of John Doe, a completely

faultless victim.

Regarding the injuries, losses and damages sustained by Mr. Doe, I have enclosed the

following for your review:

1. Complete medical records and bills from Jackson Memorial Hospital in the amount of

$ 303, 319.16.

2. Medical records and bills from Palmetto General Hospital for surgery dated

09/30/2011 in the amount of $22,949.00.

3. Final reports, therapy notes and bills from Aventura Orthopedic Care Center in the

amount of $7,936.00.

4. Lost wages from Mr. Doe’s employer, The Corrections and Rehabilitation

Department in the amount of $7,189.56.

5. Follow-up consultation reports from Dr. Roberto Miki, M.D., of Miami Hand totaling

$700.00

6. Miami- Dade Fire Rescue report and bill in the amount of $597.50

Accordingly, Mr. Doe’s present medical expenses amount to approximately $342,093.72.

Said amount does not include any future medical expenses which John is expected to

have nor does it include Mr. Doe’s future diminished earning capacity or the costs for

attendant care.

Immediately after this horrendous crash, the airbags in Mr. Doe’s vehicle deployed and he

lost consciousness. Mr. Doe was taken by ambulance to the intensive care unit of Jackson

Memorial Hospital. X-rays revealed a comminuted/crushed fracture of the left humeral

mid shaft, a severely comminuted fracture of the distal radial and ulnar shaft, a compound

fracture of the left wrist (including the phisiform and triquetral bones). John also

sustained a comminuted intra articular fracture of the distal radias and ulna, as well as a

left radial artery laceration.

Mr. Doe also sustained a concussion, pain to his left shoulder, road rash to his wrist, left

hand, and multiple injuries to his shoulder, chest, neck, lower back, and left forearm.

John was forced to endure spending thirty three days at Jackson Memorial Hospital and

was finally released on or about June 6, 2010.

Due to the magnitude of the injuries sustained, Mr. Doe was forced to have five surgeries

to date. Dr. Roberto Augusto Miki, M.D., a Board Certified Orthopedic Surgeon,

performed the first surgery on May 1, 2010, at which time he attempted to perform

multiple complicated surgeries. Dr. Miki attempted a left humerus reduction and internal

fixation, a left distal radius uniplanar and external fixation, as well as irrigation and

debridement of the open fractures in the left wrist. Multiple screws and plates were

inserted into the left hand. The post operative diagnosis was a left humerus fracture, a left

distal radius and ulna fracture, an open fracture, left flexor carpi radialis tendon

laceration, left radial artery laceration, as well as multiple abrasions to the hand and soft

tissues.

On May 5, 2010, Dr. Miki was forced to perform a second surgery, due to the fact that the

bones began to demarcate over the dorsal radial side. John also had blisters on the dorsal

side of his wrist. In addition, John’s forearm compartments, as well as hand

compartments were all soft and compressible. Upon completion, irrigation and

debridement was performed.

On May 21, 2010, Mr. Doe underwent a third surgery, at which time a compression plate

and screws were placed into John’s left hand. Irrigation and debridement were also

concluded in this procedure.

On or about May 28, 2010, Mr. Doe was forced to go through a fourth surgical procedure,

at which time Dr. Miki performed skin grafting to his left wrist. During said procedure,

130 square centimeters of skin were utilized and grafted.

On September 30, 2011, Mr. Doe’s metallic plates and screws were removed at Palmetto

General Hospital. Irrigation and debridement was also performed during this 5th

procedure.

Mr. Doe was seen by Dr. Rozenwaig, a Board Certified Orthopedic Surgeon at Aventura

Orthopedic Care Center, for an orthopedic consultation. Dr. Rozenwaig opined that Mr.

Doe had severe dysfunction, permanent sequela and he strongly recommended that John

continue with therapy. Dr. Miki continued to see Mr. Doe for follow up care and he noted

that he had a severe neurovascular injury and that he continued to have a left hand/arm

with poor mobility. Dr. Miki stated that the prognosis for John is extremely poor because

of the severity of the deficits.

Prior to this accident, John Doe was a healthy 30 year old male. Mr. Doe often enjoyed

participating in many activities before the accident, but presently has extreme limitations

due to the debilitating injuries to his left shoulder, arm and hand. While Mr. Doe

continues to work as a Correctional Officer, for the Department of Corrections and

Rehabilitation, he is unable to perform his job to full capacity as he is essentially working

and living with one hand. According to Mr. Doe, he can only type with one hand, can’t

turn his wrist, can’t carry anything over five pounds, lives with constant pain, and lives in

constant fear that he may lose her job.

Mr. Doe’s ability to enjoy life has been shattered. John is unable to perform many things

which most people take for granted and/or other activities pose a significant challenge for

him to perform. Mr. Doe has great difficulty taking care of his six year old son, as well as

his newborn child. Prior to this accident Mr. Doe was an extremely active man. However

he can not do the same work around the home, can only properly shave on one side, and

is unable to lift up pots to cook for his family. The aforementioned restrictions, are just

some of the frustrating life changes which John Doe has had to endure due to the instant

travesty. Additionally, the horrific scars which Mr. Doe sustained to his left forearm and

left wrist are extremely embarrassing to him and they will probably require surgical

revision in the future. (I have enclosed (8) eight photographs for your review).

The magnitude of the subject crash and its lasting consequences, continue to plague Mr.

Doe and will do so for the remaining years of his life. At this time, Mr. Doe has

authorized the undersigned attorney to accept the sum of $1.5 million dollars to settle his

case against Ms. Doe. The demand is justified by the clear liability, the debilitating loss of

motor sensory function, the full extent of all of Mr. Doe’s injuries, the scars, the past and

anticipated future medical expenses and supported by the enclosures outlined above.

Kindly contact me by December 26, 2011 to conclude pre-suit settlement negotiations.

Thank you for your cooperation and attention to this matter.

Very truly yours,

John Doe, Esquire

JD/kp

Enclosures