Just a BIG Thank You!!

[Jontue]

Just wanted to Thank All of YOU!! This site is new to me, but I can say I got the most timely response and the most helpful info..'cuz when you are trying to do it yourself if gets very frustrating and then at the "very" end you end up wanting a lawyer anyways, U wish you had the hind-site to get one from the start. No head-aches or the "what do I do next", "how much is this case worth"? I wish I would have done it from the get go!!! And hope to God we didn't say anything that they will turn around and use against us. All we ever did was tell the truth, but I have a feeling a stupid sentence (or something) will come back to bite us.............can it/will it?? When all of it is the truth, can it still hurt? We are the type of people treat us good and fair and we go away, treat us like dip-****'s and then the war is fair game! Am I figuring right???

 

[16952]

Hi Jontue- I was one of those d*s you wrote of, and Yes, I guess they figure we'll go away.... How's your daughter?
And did you figure out how much her summer at 16 years old was worth- I'd give a million$ to to go back to mine.
http://www.ezboard.com/intl/aenglish/images/emoticons/roll.gif see ya

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Jontue:
Just wanted to Thank All of YOU!! This site is new to me, but I can say I got the most timely response and the most helpful info..'cuz when you are trying to do it yourself if gets very frustrating and then at the "very" end you end up wanting a lawyer anyways, U wish you had the hind-site to get one from the start. No head-aches or the "what do I do next", "how much is this case worth"? I wish I would have done it from the get go!!! And hope to God we didn't say anything that they will turn around and use against us. All we ever did was tell the truth, but I have a feeling a stupid sentence (or something) will come back to bite us.............can it/will it?? When all of it is the truth, can it still hurt? We are the type of people treat us good and fair and we go away, treat us like dip-****'s and then the war is fair game! Am I figuring right???<HR></BLOCKQUOTE>

My response:

First of all, on behalf of all of us who regularly contribute at FreeAdvice.Com, like Lawrat (an up-and-coming, and extremely bright, soon-to-be attorney), Lars Coltrane (a legal mind extraordinaire), Tracy (a legal wizard who can pull rabbits out of the hat), Mark Replogle (a demur, yet savvy tactician), 16592 (a new contributor who's talents and sheer common sense comes shining through), and myself, IAAL, (who'll give you straight, tough-love, bleed-from-the-ears answers) and a host of others, we all appreciate the occasional "Thank you" - - something which is important, that keeps us going, and lets us know that, at least some of the time, we're helping and that it's not a waste of time.

You know, we're just surfers here like you are. We don't work here, we're not on staff, and we're not paid. We do this for the love of it. We do this to give the law some meaning. We do this because we enjoy it. We come, and we go, just like everybody who "lites on this branch." Right now, we've got a great team of volunteers. Some people actually think, though, that we're here 24/7, and for some, it must seem that way. But, we volunteer when we can, and all of us do it in our own way. Some, like myself, can be quite controversial and stick to the legal side of things. Others, give anecdotal information which may be all that a questioner needs, or even wants. What I'm saying is, is that all of us that contribute to FreeAdvice.Com fill a particular niche.
In your case, we were able to answer your questions, and I think the others mentioned, had satisfied your queries. However, and sadly, we cannot be all things, to all people, and are unable for various internal, and external, reasons why we are unable to get to everyone's questions. All I can say is that we try. And, I for one, sincerely thank every one of our regular contributors
to FreeAdvice.Com for, without them, FreeAdvice.Com wouldn't be the great place that it is.

I sincerely hope that you and your daughter are successful in your legal matter and, if there's anything else you need, we all hope you'll come back to call upon us.

Thanks again,

IAAL

P.S. You figured it right.


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 03, 2000).]

 

[Jontue]

Thank you for your concern. Yes my daughter is fine. She has only been back to the doctor once since he released her. Just still don't know where to find a "good" lawyer who will take it in this small town. And if we go out of town for one, not sure when you know if the one you got is good or not. I think they will make us big promises and then let us down. So I think we will try the "letter of demand" first. Too bad we don't know the amount to put. That's why we haven't done it yet. Again, thank you all.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Jontue:
Thank you for your concern. Yes my daughter is fine. She has only been back to the doctor once since he released her. Just still don't know where to find a "good" lawyer who will take it in this small town. And if we go out of town for one, not sure when you know if the one you got is good or not. I think they will make us big promises and then let us down. So I think we will try the "letter of demand" first. Too bad we don't know the amount to put. That's why we haven't done it yet. Again, thank you all.<HR></BLOCKQUOTE>

My response:

Okay, then allow me to assist you further by giving you these tips for writing an effective demand for settlement letter:

General contents: The general scope and tenor of such a letter normally proceeds as follows:

Introduction: Introduce yourself and briefly state your settlement "demand."

Factual summary: Briefly summarize the facts of the accident (date, time, place, parties involved, how it occurred, etc.).

POINTER: Keep this summary factual--i.e., draft it on the basis of police and other accident reports, witness statements, etc., rather than from your own opinions. And attach the pertinent documents to the letter so that the carrier can see that you're presenting an objective picture and proceeding in good faith.

Injuries sustained: Summarize the bodily injuries, listing each injury separately, present complaints, pain, suffering and disability, and any consequent emotional distress or permanent injury.

Medical bills: Itemize each of the costs she has incurred and/or will incur in diagnosis and treatment of the injuries. And attach copies of the bills to date.

Lost wages and impairment of future earning capacity: Summarize her preinjury employment history, age, occupation, rate of earnings, lost wages to date, and the likelihood of future lost wages and impaired earning capacity on account of the injuries.

Conclusion: Recap all of her damages, and inform the carrier of the verdict value you have placed on the claim, taking into account her future pain and suffering as well.

Remind the carrier of its potential "excess liability" exposure (that if a judgment in excess of policy limits is returned against its insured when the carrier had a prior reasonable opportunity to settle within policy limits, it may be responsible to the insured for the difference.

Finally, give the carrier a reasonable time limit within which to respond to your demand (30 days is common practice); but specify an exact expiration date, and make clear that if not accepted by that date, the demand will be withdrawn and will not be renewed.


AND . . . .

So that you can see the basic format of a "Demand Letter," I include the following:

SAMPLE DEMAND LETTER

February 21, ___

Fairdeal Indemnity Co.
911 Sutter Street
Center City, CA 96104

Attn: Donald Parnell,
Claims Manager
Re: Strong v. Rose
Date of Accident: August 17, _____
Your Insured: Donald and Rhonda Rose
Your File No.: 88-2020-1 KWD
Settlement Demand: $100,000
Expiration of Demand: March 21, _____

As you know, our office represents Mr. Stuart Strong who has a claim for personal injuries and property damage against your insured, Donald and Rhonda Rose, arising out of an incident that occurred on the date stated above.

You have previously advised us that the policy limit on Mr. and Mrs. Rose's insurance coverage with your company is $100,000 per claim for personal injury and property loss.

The general and special damages sustained by our client, as detailed below, are substantially in excess of that amount, and we believe that if the case goes to trial he will undoubtedly recover far more than $100,000. Nevertheless, because of the limited insurance coverage available in this case, Mr. Strong has authorized us to settle all claims against your insured for the policy limits, $100,000.

Mr. Strong's settlement demand is based upon the facts stated below:
1. Collision of vehicles: On August 17, _____, at approximately 10:00 P.M., our
client was proceeding in an eastbound direction on Lincoln Valley Road.
Because of the rainy weather and poor visibility, he was traveling less
than the posted speed limit of 35 mph. As he approached the curve
approximately one mile West of the intersection with State Highway 157, he
was struck head-on by a vehicle driven by your insured, Mrs. Rhonda Rose,
and registered to your insureds, Donald Rose and Rhonda Rose.


Physical evidence and the several witness statements given to the police at
the scene of the accident indicate that Mrs. Rose's vehicle had been
traveling westbound on Lincoln Valley Road; that as she rounded the curve
approximately one mile West of State Highway 157 intersection, Mrs. Rose
was driving in excess of the posted speed limit and her rate of speed was
also excessive for the then-existing road and weather conditions; that she
apparently lost control of her car; and that it crossed over the double
yellow dividing line into the eastbound traffic lane and struck Mr.
Strong's vehicle head-on.

2. Liability: Mrs. Rose appears to have been violating several provisions of
the California Vehicle Code at that time; Driving in excess of the posted
speed limit (CVC Sec. 22354); and in excess of the maximum safe speed in view
of the weather and visibility conditions (CVC Sec. 22350); and crossing over
the double yellow line separating eastbound and westbound traffic (CVC Sec.
21651).

No excuse for Mrs. Rose's driving has been offered, and no explanation for
this accident other than her negligence is apparent. Thus, we view this
case as one in which liability is reasonably clear.

3. Injuries: Mr. Strong was rendered unconscious at the time of the collision.
He did not regain consciousness until approximately 2 hours later when he
was in the emergency room at Mercy General Hospital. He remained
hospitalized for almost 3 weeks.

We have previously furnished you with copies of the medical reports
describing the injuries suffered by Mr. Strong as the result of your
insureds' negligence. The most significant injuries are as follows:


a. Fracture of left side of nose. The impact of the accident caused the
septal cartilage to come off the nasal ridge and jut into the left
nostril, obstructing the passage of air into Mr. Strong's lungs,
causing him to suffer continuous breathing difficulty and mucus
discharge. A septoplasty operation was required to repair this
injury.

 

[Guest]

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[reg]

[No message]

 

[Jontue]

Again, Thank you ALL. That sample letter of demand sure does give us a general idea of how to write it. It sure seems lenghty, but I guess it doesn't really have to be. Our case sure seems alot more simplified: She was hit, she was hurt, she missed out. Still not settled on an amount (Dad, Mom and daughter)none of us know what is right, fair or due her. We have heard amounts all the way from $2500.00 to $50,000. There's alot of numbers in between!!!! A letter of demand sure would be nice to end this b 4 we hire an attorney and b 4 she goes off to college this summer. So for now I think I just will "practice" writing "the letter" until we know the dollar amount to put in and maybe by then I will have the letter perfected! Wish me luck! Sure do wish you could help with: "What is a 16 year olds summer vacation (with so many restrictions, pain and doctors appt. NO SUMMER) worth"!
So glad to read that you guys enjoy what you do so much and seem to help so many...
ENJOY LIFE!!

 

[Attorney_Replogle]

Hello, I am the demur [sic?] yet savy attorney (as described by IAAL). My "two cents" to add to this discussion is this. If you really do think the Demand Letter is too lengthy, then get a personal injury attorney ASAP. That is a very, very nice example of a typical letter. Plus, its length is not due to any verbal padding such as threats, repetion, excess adjectives, adverbs, etc.

Next, don't even bother hiring an attorney AFTER you send out the Demand Letter. You will find that most attorneys will not want to take your case after that. The reason for their rejection will be based on: you may have irreparibly ruined your case by admissions in the letter, you settled too early, not enough health care provided, or a health care practicioner was not consulted, or given the status of the case (nearing completion) the attorney will not be able to charge his standard percentage fee and thus will not want the case.

Therefore, I really don't understand your reluctance to even consult with two or three personal injury attorneys next week. Just consult with them and see what you like about each one. Give weight to objective things but most certainly don't discount your intuitive or "gut-feelings" about them. Ultimately you will want to retain the attorney that you feel most comfortable with. Who offers you the most services for the money? Who has the most organized and clean office? Who has the most staff? Which staff seems to be most efficient, friendly, and helpful?

OK?

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Mark B. Replogle

[This message has been edited by Attorney_Replogle (edited May 05, 2000).]

 

[I AM ALWAYS LIABLE]

Dear Mark:

In an earlier post, on the next page, the one with 5 replies, Jontue said:

"Thank you all so very much for your help. It is greatly appreciated. We talked with a few lawyers today and one in particular was very helpful. She told us how to write the letter of demand and an acceptable dollar value that we should ask for. She then told us if they denied our plea she would take our case and go after the insurance carrier and their client. So I think we are in a forward motion now. Thanks again."

Since she had already seen "a few attorneys", and was given a "go-ahead" to write her own Demand Letter, I thought it would be helpful if I gave her some tips and an example. Anyway, I thought you might want to know this because you had mentioned that she should see an attorney.

Best regards to you Mark.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Attorney_Replogle]

My mistake. I didn't check any earlier post. Sorry!

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Mark B. Replogle