Ms. Lynn Ann
P.O. Box ______
________________, NH 03108
Your Insured:Auto Supply
Date of Loss:May 25, 1999
Third Party Demand Letter
Kindly consider this letter to be a formal demand for settlement against ___________’s insured, Salem Auto Supply, its agents, servants and/or employees. The claimants are ____ and _________. Mrs. ____________ claims are for personal injuries, etc., and Mr. ____________ claims are for loss of her consortium:
As you may know, Mrs. _______________ was employed as a bank teller at the Family Bank branch located on Main Street, Hampstead, New Hampshire. She was then 29 years of age, and complained of none of the musculo-skeletal/neurological maladies of the type and kind suffered in the May 25, 1999 collision. In fact, Mrs. ________________, who was and is a non-smoker/non-drinker, was otherwise in excellent health prior to this accident. Unfortunately, my client, Mrs. ________________, was caused to suffer painful, permanent, and debilitating personal injuries as a direct and proximate result of the negligence of your insured, its agents, servants or employees, in the entrustment and operation of its motor vehicle.
Specifically, all available reports and witnesses reveal that Mrs. ___________ was traveling in a southerly direction along Route 28 in Salem, NH. There were two lanes of travel in the south bound lane. Mrs. ____________was operating her vehicle in the left lane, (closest to the center),
Ms. Lynn Ann
when suddenly and without any advanced warning, Mr. ____________, the operator of your insured’s vehicle, failed to yield the right of way to traffic on Route 28 while attempting to exit the Aleska Auto parking lot, and thereby caused the ensuing collision. Mr. ______________ failure to yield the right of way to traffic on Route 28 constitutes a violation of New Hampshire law, and clearly caused and/or contributed to the resulting collision between the parties.
Please note that I have included all available reports and photographs to assist you in your evaluation of this claim.
II. Physical Injuries and Treatment
Immediately following the May 25, 1999 accident, Mrs. _____________ was transported, via ambulance, to the Holy Family Hospital’s Emergency Department. Mrs. ____________ reported to Emergency Physicians that at the time of the collision, “she bumped her left forehead on the windshield frame [and] complained of headache and neck pain and mild left knee pain.” A standard “Head, Ears, Eyes, Noes and Throat” (HEENT) examination revealed “mild to moderate soft tissue swelling, consistent with a hematoma over the left forehead, which is tender.” The examination disclosed further that Mrs. ___________ exhibited “ . . . tenderness to palpation on the anterior aspect of the left knee without any swelling or discoloration . . .” Significantly, a post accident x-ray revealed that a subcutaneous hematoma was forming, thus substantiating objectively, the original diagnosis.
Upon discharge, Mrs. ____________ was diagnosed with the following conditions:
2.Closed Head Injury; and
3.Contusion left knee (mild).
She was instructed to “restrict activity,” and was advised to apply an ice pack to the forehead region. She was cautioned to “closely monitor and observe” her signs and symptoms for the next 24 hours”for signs and symptoms of head injury.” She was then released with head injury instructions, and was advised to take Tylenol or Advil for her pain.
Thereafter, Mrs. ________________ symptoms continued to intensify, causing her to seek follow-up care from her primary care physician, Mary E. Brooks, M.D. on May 28, 1999. On that date, Dr....