Standard Demand Package Sample for Attorneys

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Demands

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Table of Contents

Sample Demand Facts & Liability Injuries & Treatments Damages Demand to Settle

5-23 5 8 14 22

VIA CERTIFIED MAIL

VIA FAX

GEICO County Mutual Insurance Company

[Carrier Address]

RE: My Client:

Date of Loss:

Your Insured:

Claim No.:

Policy No.:

Dear Ms.

and All Insurance Company Decision-Makers:

Your records should reflect that our firm represents (“ Ms. ” or “our client ”) regarding her respective legal interests as to an incident that occurred on August 13, 2024, involving (“ Ms. ” or “your insured ”).

Our firm is currently in a position to resolve our client’s claims and, in connection therewith, submits the following information and documentation in a good-faith effort to resolve this matter.

Pursuant to Tx. R. Evid. Rule 408, the information and materials accompanying this letter are for settlement purposes only and may not be used at trial unless obtained through the legal process.

We expect that you will provide our firm with a list of any additional items you need in order to properly and fully evaluate this settlement demand by . We will make a good-faith effort to respond to any requests you make for additional information regarding this demand. We also ask that this demand be immediately forwarded to all insurance company decision-makers and, of course, the insured policyholder.

1. FACTS & LIABILITY

On August :A5' 2024, Ms. was the restrained driver of a vehicle traveling eastbound on East Freeway in Houston, Harris County, Texas. At the same time, Ms. was the driver of a vehicle traveling directly behind Ms. ’s vehicle. Suddenly and without warning, Ms. failure to control her speed and struck Ms. ’s vehicle from behind. Upon impact, Ms. was violently jostled back and forth in a rapid motion and slammed the back of her head against the seat of the vehicle. The collision resulted in Ms. sustaining significant personal ijuries and other damages.

1 As exposed in the Texas Peace Officer’s Crash Report, Officer Jesika Wade of the Harris County Sheriff’s Office investigated the collision and determined that Ms. was the sole party responsible for the collision due to her failure to control speed, lack of attentiveness, and failure to maintain an adequate distance from the vehicle ahead.

The conditions for establishing liability are clear. Ms. owed a duty of care to the other drivers on the road. A driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of other vehicles, as well as traffic conditions and the condition of the roadway. Tex. Transp. Code § 545.062(a). A driver who operates his or her vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, commits the act of careless driving. See, e.g., In re Gamble, 676 S.W.3d 760, 787 (Tex. App. 2023) (Texas drivers must exercise reasonable,

¹ Exhibit 1 - Texas Peace Officer’s Crash Report due care, and prohibits all drivers from operating motor vehicles upon public roadways in a manner that creates an unjustifiable risk of harm to other motorists, pedestrians, or property; this general duty includes compliance with Texas’s “rules of the road”). A driver who operates his or his vehicle and who fails to give full time and attention to the operation of his or her vehicle, or where a driver fails to maintain a proper lookout while operating his or her vehicle commits the act of inattentive driving. See, e.g., Arcides v. Rojas, 677 S.W.3d 154, 161 (Tex. App. 2023) (internal citations omitted) (“Every Texas motorist proceeding along a public roadway is under a duty, at all times, to maintain a proper lookout for his own safety, and may not proceed blindly and in disregard of dangers that might reasonably be anticipated to exist. … The duty to maintain a proper lookout while driving encompasses the duty to observe, in a careful and intelligent manner, traffic and the general circumstances in the vicinity.”). On the date of loss, Ms. failure to control speed, lacked attentiveness, and did not maintain an adequate distance from the vehicle ahead, which directly caused the collision. As a result of Ms. ’s acts and/or omissions on August 13, 2024, Ms. suffered significant personal injuries and damages for which Ms. is undoubtedly liable.

2 As evidenced by the photographs below, the August 13, 2024, collision resulted in substantial property damage with resultant significant bodily injury.

2. INJURIES & TREATMENTS

² Exhibit 2 - Property Damage Photographs

The below tables are non-exhaustive lists/summaries of the injuries and treatments Ms. sustained as a direct and proximate result of the August 13, 2024, collision.

2.1. Objective Tests

MRI of the Cervical Spine - 10/01/2024 (Exhibit 11 - p. 111)

● Cervical kyphosis.

● C3-C4: 1 mm broad-based disc herniation that effaced the thecal sac.

● C4-C5: 1 mm broad-based disc herniation that effaced the thecal sac.

● C5-C6: 2 mm broad-based disc herniation causing central canal stenosis and bilateral neural foramina narrowing.

● C6-C7: 2 mm broad-based disc herniation causing central canal stenosis and bilateral neural foramina narrowing.

MRI of the Thoracic Spine - 10/01/2024 (Exhibit 11 - p. 112)

● T6-T7: 1 mm disc bulge that effaced the thecal sac.

● T7-78: 1 mm disc bulge that effaced the thecal sac.

● T8-T9: 1 mm disc bulge that effaced the thecal sac.

● T9-710: 1 mm disc bulge that effaced the thecal sac.

● 1.6 cm left renal cyst.

2.2. Interventional Treatments

East Side Surgery Center

● Cervical Facet Joint Injection at C5-C6 - 11/25/2024 (Exhibit 15 - p. 130-131)

3. DAMAGES

3.1. Total Projected Claim Value

3.2. Past Medical Expenses

To date, Ms. has incurred medical expenses as itemized below.

If you dispute any of Ms. ’s medical treatment or bills as unnecessary or unreasonable, please specify the disputed items in writing. Otherwise, we will assume you agree with the necessity and reasonableness of her medical treatments and bills.

3.3. Future Medical Expenses

Ms. will require additional future treatment as identified below.

[ NTD : Please note, to more appropriately justify the non-economic damages sought, we have extended the timeline of treatment for conservative care to two years. Please review and revise if required.]

Healthcare and medication costs are expected to rise, and we reserve the right to update or extend our estimate to account for further care needs.

3.4. Past and Future Pain and Suffering

The State of Texas allows for our client to be compensated for non-economic damages. Non-economic damages as defined by Texas Civil Practice and Remedies Code - CIV PRAC & REMS § 41.001 (12) means damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of

disregard for dangers that might reasonably be anticipated to exist. … The duty to maintain a proper lookout while driving encompasses the duty to observe, in a careful and intelligent manner, traffic and the general circumstances in the vicinity.”). On the date of loss, Ms. failure to control speed, lacked attentiveness, and did not maintain an adequate distance from the vehicle ahead, which directly caused the collision. As a result of Ms. ’s acts and/or omissions on August 13, 2024, Ms. suffered significant personal injuries and damages for which Ms. is undoubtedly liable.

2. INJURIES & TREATMENTS

² Exhibit 2 - Property Damage Photographs