Sample Settlement Brochure


(This is only a sample demand brochure prepared for a plaintiff attorney to the insurance carrier’s adjuster.  Excerpts only are provided.  The parties are obviously fictional.)

Dear Claims Examiner:

Thank you for your anticipated courtesy and cooperation in assisting us in the expedient resolution of this matter.  This letter shall serve as...... John Data for any and all damages received to his person and property as a proximate result of the negligence manifested by your insured, Captain Kirk.

THEORIES OF LIABILITY

With respect to the theories of liability, John Data has set forth the following in his complaint, which should assist you in your evaluation of Captain Kirk's liability…. 

This letter shall also set forth issues of damages….

STATEMENT OF FACTS

On or about January 1, 20__, Mr. Data was a passenger in a vehicle driven by Captain Kirk.  Due to bottle-necked traffic, both parties had been at a complete stop on the freeway.  At said time and place, your insured collided with the rear of the stopped vehicle in which Mr. Data was a passenger. 

The speed of your insured's vehicle is estimated to be too fast for the road conditions at the time of impact.  Witnesses have testified that your insured….  The vehicle in which Mr. Data was a passenger sustained major rear-end damage.  Mr. Data sustained injury as a proximate result of the impact….

STATEMENTS OF WITNESSES

Please see the attached investigative report of the California Highway Patrol, which concluded that Captain Kirk’s negligence is the proximate cause of this accident. 

BACKGROUND INFORMATION

Prior to this accident, Mr. Data was healthy, without any prior injuries or problems with his neck or back.  Mr. Data has not had any other significant injuries or accidents.  Mr. Data denies any other medical problems….

Prior to the at-issue accident Mr. Data was a very active individual who enjoyed….




MEDICAL INJURIES, SPECIAL AND/OR DAMAGES, CONCLUSION, ETC WOULD FOLLOW.



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