As you may know from your own investigation, substantial damage was done to the rear of BR ’s vehicle. With over $4,600 in estimated repair costs, the force and impact between the two vehicles is clearly documented.
Upon impact, BR’s body was violently jolted and tossed around the inside of the vehicle. His head was thrown forward and then snapped backwards in a whiplash like motion, bluntly striking against the seat/headrest of the vehicle. Additionally, BR’s body was slammed against the restrain of his seat belt.As a direct result of your insured’s negligence, BR sustained injuries to his neck, back, shoulders, wrists, ankle, and associated body structures. A summary of his injuries and treatment are outlined below.
BR is a 57 year old married man with two adult children. He enjoys spending time with his family and friends. Hobbies include reading, sports, music (playing drums in a hobby band with friends), movies, gardening/yard work, and outdoor activities. BR. maintains his health by working out a local gym several times a week as well as walking.
Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01.There should be no dispute concerning liability in this matter. VR was negligent when she failed to be attentive while driving a vehicle, watch for traffic ahead, drive responsibly, and otherwise obey the rules of the road. Our client now seeks payment for damages that have been incurred as a result of the injuries he sustained in this collision.
Injuries:
· Cervical strain/sprain and subluxations with tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease.
Diagnosis – 847.0; 723.1; 839.08; 739.1; 353.0; 728.85
· Back strain/sprain and subluxations with tenderness, pain, muscle spasms, soreness, tightness, and decreased range of motion (thoracic, lumbar, and sacral regions) with resultant ligamentous instability and acceleration of spinal disc disease.
Diagnosis – 847.1; 847.2; 724.1; 724.2; 839.20; 839.21; 739.2; 739.3; 739.4; 728.85
· Shoulder sprain/strain with pain, tenderness, muscles spasms and decreased range of motion
Diagnosis – 840.0; 719.51; 719.41; 739.7; 728.85
· Wrist sprain/strain with pain, tenderness and decreased range of motion
Diagnosis – 833.0; 719.44
· Ankle contusion (right) with pain, tenderness and decreased range of motion
Diagnosis – 924.2
· TMJ symptoms with jaw pain and discomfort
Diagnosis – 524.60
· Headaches
Diagnosis – 784.0
· Sleep disturbances/fatigue
Diagnosis – 780.50; 780.79
Treatment:
We have provided a summary of our client’s treatment received from each medical provider and have enclosed the records for your review. (See Exhibit 2 - Medical Records)
Lakeview Chiropractic 4/13/07 – 6/27/07
BR sustained immediate injuries in this collision. When his symptoms failed to improve and continued to worsen in the days following the accident, BR sought relief with chiropractic treatment and consulted David Bouree, DC at Lakeview Chiropractic. At his initial appointment he reported the details of the collision and his subsequent symptoms, which included the following:o Headaches o Neck pain and stiffness
o Upper back pain and stiffness o Mid back pain and stiffness
o Low back pain and stiffness o Shoulder pain and stiffness
o Wrist pain o TMJ symptoms
o Overall body aches / soreness o Difficulty concentrating
o Sleep disturbance due to pain o Fatigue
o Increased stress o Increased anxiety
DEMAND FOR SETTLEMENT
We have calculated our client’s damages as follows:
Past Medical $23,322.95
Future Medical Expense (presumption) $1000.00
Other: mileage $484.09
Other: wage loss $4,417.00
Non-economic damages: pain and suffering, loss of enjoyment of life $92,000.00
Total Special Damages $121,224.04
After his accident, BR sought the legal help of Seattle car accident attorney Christopher Davis, the Founder of Davis Law Group for legal advice, peace of mind, and finally to have his medical expenses paid covered.