THE LAW OFFICE OF
MATTHEW E. WITT
Attorney at Law
2108 Broadway
Lubbock, Texas 79401
TEL. (817) 505-3276
FAX. (806) 722-2553
mattwittlaw@gmail.com
Re: My Client: Plaintiff
Date of Accident: 12/12/12
Claim Number: XXXXXXXXXXXXX
Enclosed, please find copies of all medical reports and medical bills related to this accident. My client’s medical bills, prior to any insurance benefit applied, are in excess of $300,000.00. According to my analysis, the current “paid and incurred” medical expenses to date for PLAINTIFF total an estimated $30,000.00, which are itemized as follows:
1. Covenant Medical Center $30,000.00
INJURIES
The medical records reflect that my client sustained severe and disabling injuries. As a result of the accident and due to the tortfeasor’s negligence, and according to my client’s treating physicians PLAINTIFF has sustained but not limited to the following injuries: (1) a pelvic fracture which required orthopedic surgery to correct (2) a closed left acetabular fracture (3) and numerous other injuries as listed in the medical records provided.
At this point, it appears that my client’s injuries and impairments are permanent. PLAINTIFF will suffer his entire life from limited mobility, severe pain in his hips, sever pain in his legs, and from the continuing threat of a blood clot or pulmonary embolism.
As the medical records show, in the aggregate my client has spent over two weeks in the hospital treating for his injuries. He received extensive medical treatment’s including invasive medical procedures, orthopaedic surgery, therapy, and numerous injections. Furthermore, as the records reflect, PLAINTIFF’S prior medical history does not reveal any pre-existing medical conditions or injuries that relate to or contribute to the injuries and damages claimed in this case.
PAIN AND SUFFERING
PLAINTIFF, is sixty-six years old and is the father of four children. This accident has severely impacted PLAINTIFF’s life. PLAINTIFF lives in pain everyday of his life and is unable to drive a car, walk, or play with his grandchildren due to his injuries.
SETTLEMENT DEMAND
As you know, this accident was a high impact collision. Based on the photographs of the accident and the local media footage, it is apparent that PLAINTIFF is fortunate to have survived this accident. Nonetheless, PLAINTIFF did sustain significant injuries and continues to suffer pain and limited motion in the injured parts of his body. Based on the severity of my client’s injuries, the large amount of damages that he has suffered to date, and his future medical expenses I anticipate that my client’s damages greatly exceed your insured’s applicable liability coverage limits.
Therefore, in an attempt to avoid the expense of litigation, we demand the payment of the sum of $1,000,000.00 in return for a release of liability.
Claimant will execute and deliver an unconditional and complete release to the tortfeasor, your insured, and INSURANCE COMPANY upon the payment of $1,000,000.00. I would appreciate a voluntary disclosure of your insured’s coverage limits so that I will not be required to file a lawsuit to discover this information.
Pursuant to the Supreme Court’s decision in Trinity Universal Insurance Company v. Bleeker, 966 S.W.2d 489 (Tex. 1998), please note that PLAINTIFF’S offer to release your insured fully for the foregoing stated sum of money is a full release of all bodily injury claims, which includes releasing lien holders, if any.
PLAINTIFF is NOT Medicare eligible nor is he expected to become Medicare Eligible in the next 30 months. However, PLAINTIFF is a Medicaid Recipient. And please note that any and all payments of settlement related to his claim must be made by and through the undersigned attorney as I have an undivided contractual lien, which you are hereby notified of.
This settlement offer will be left open until 12:00 PM, April 20, 2012, along with all other demand offers. If the offer has not been accepted by this date and time the offer will be withdrawn and we will proceed to trial for a $2,000,000.00.
Thank you for your careful consideration to this most important matter.
Respectfully,
/s/ Matthew Edward Witt, Esq.
_______________________________
Matthew Edward Witt, Esq.
Attorney for PLAINTIFF