San Diego Drunk Driving Accident & Injury Lawyer Mark C. Blane successfully represented a Chula Vista man for bodily injuries from a car accident in which the at fault party was intoxicated (drunk). The following excerpt is from Mr. Blane's demand package in which he was able to obtain a favorable result for the injured man:
"Please be advised that we are currently in a position to resolve the claim of my injured client, and in connection therewith submit the following documentation. This letter and the information it contains are being provided to you at this time in the hope that an amicable settlement can be reached. The information may not be used at a later trial or arbitration without prior written consent from the plaintiff, nor may it be construed as an admission against interest or party. The facts have been previously discussed. Your insured negligently collided her vehicle into the body of my client. Not only this, but she was intoxicated, arrested for DUI, Felony Hit-and-Run. As you know, your insured will have a punitive exposure for her actions, and thankfully my client was not killed, nor his two-year old daughter, who he was holding in his arms just moments before the accident.
Obviously, the actions of your insured must be weighed in combination with the damages outlined in this demand. Please see Dr. Previte’s, and Dr. Kiddy’s narrative reports for specific details. Treatment was foregone under passive medical care to help mitigate out of pocket medical damages given the fact that your insured has a minimal policy and my client has no medical insurance. Complaints/treatment recommended/Guarded. See pg. 6 of Dr. Jeffery Kiddy, D.C., 10/25/06 Medical Report. He recommends future medical care in the amount of $5,000.00. Treatment was foregone under passive medical care to help mitigate out of pocket medical damages given the fact that your insured has a minimal policy and my client has no medical insurance.
[ Facial Laceration/and scarring; above Right Eyebrow; see photos.]
- Right Upper Lip Laceration; see photos.
- Nine (9) Stitches over his right eye; please see Dr. William Previte’s Medical Report, dated 11/29/06, pg.2, 3rd paragraph to document this form of therapy; he confirms the removal as well. Also, Dr. Jeffery Kiddy, D.C., on pg. 6 of his 10/25/06 Medical Report documents a “rather striking one and a half inch vertical scar over the right eyebrow.”
- Contusion to Right Knee.
At the time of this accident, my injured client was employed as a Machine Operator at a Printing Press with Copy Shop Printing. We have enclosed documentation from his doctor that supports the following claim for lost income. He was unemployed for approximately one week at $10.00 per hour. Total loss of income at 40 hour work week = $400.00. Once you have had an opportunity to review this letter and the enclosed support, please contact us in order that we may determine whether an amicable resolution to this matter is possible.
In light of the above, we have not listed a general damage amount at this given the fact this claim is clearly within excess of your insured’s policy limits. Thus we request that your insured’s policy limits be released to our client at your earliest convenience. Moreover, my client is permanently impaired, but we have decided to not spend the funds for an AMA 5th Edition Impairment Report since this claim is clearly worth above the minimal policy your insured has, and my client does not want to have to expend funds that are not necessary given these facts. The money for this eventual policy limit settlement can be used for future medical care that is documented in the medical records.
If your policy limits are released to settle this claim, we request a certified copy of declaration page of all policies available to your insured. Additionally, if your evaluation is reflective of any type of comparative negligence being attributed to my client we request a written explanation of why that determination was made, and to what degree.
We thank you in advance for your time and consideration.
Mr. Blane was able to obtain California State minimal policy limits from the at-fault party, who had no additional assets, and he was also able to divide the funds fairly amongst the medical providers leaving a net recovery for the client.
Mark C. Blane is a San Diego Personal Injury Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm dedicated to representing families of people injured in personal injury accidents including car accidents, slip and falls, dog bites, product defects, and the like. If you or a loved one has been killed or injured in an accident in San Diego, or Southern California, due to the negligence of another, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in an California accident.
