A Philadelphia Personal Injury Lawyer Talks About Slip And Fall Injuries And Settlement

Posted by Digital_Zone on November 4th, 2022

For an instance involving injuries caused by a slip and fall on ice, a unique settlement demand letter is warranted. This is a sample for you yourself to use in your own case.

Dear Insurance Adjuster:

Enclosed is wage loss documentation and the entire medical specials for Nira Thomas. Ms. Thomas was severely injured on January 9, 2001 in a slip accident for that you have accepted full liability.

Nira Thomas fell flat on her back after sliding on the ice on your own insured's property. She immediately made an appointment with Dr. Jess P. Jones and was seen by him later that day. Ms. Thomas received chiropractic treatments from Dr. Jones on January 9, 11, 17, 29 and February 5, 2001. Because the pain wasn't abating after these treatments, Ms. Thomas requested a referral to an orthopaedist. The pain actually got worse during the initial six weeks following the accident. The injury was exacerbated in the initial two months by the physical and emotional stress of Ms. Thomas's work responsibilities, which as detailed below, she was unable to substantially curtail.

Dr. Leroy Hamm examined Nira Thomas on February 12, and March 14, 2001. Dr. Hamm's reports document that Ms. Thomas had been having some spine pain just prior to this accident. The accident of January 9, 2001 exacerbated her spine pain, causing it to radiate to her right buttock. Dr. Hamm diagnosed Ms. Thomas as having suffered a lumbo sacral strain. He prescribed medication and a spine physical therapy program. My client took medication for several months in conjunction with physical therapy, reducing the medication as tolerable.

Ms. Thomas began receiving physical therapy on February 15, 2001 at Nova Care. She treated consistently through May 18, 2001. Ms. Thomas received additional treatment at Physical Therapy Now from May 21, 2001 to December 4, 2001. It was just this physical therapy which provided significant relief to my client.

Ms. Thomas was examined by her internist, Dr. William Schetzy in the Fall of 2001. The report he prepared for the U.S. Department of Labor is enclosed.

Remember that Nira Thomas continues to this day to suffer considerable back pain and has significant limitation in her activities of daily living as the consequence of this accident. She takes pain medication typically on an intermittent basis, and on a daily basis once the pain is exacerbated. She does exercises in the home and receives massages from her husband, Robert.

The marital strain on both of my clients, sexual, emotional and physical from the full time of the accident, has been great. As well as the daily marital and personal and work stresses Ms. Thomas has been under, the delay in pursuing her biological reproductive objectives greatly impacted and continues to impact my clients to this day. Financially, emotionally, physically and spiritually, it's been devastating.

Following the accident, Ms. Thomas's supervisor wouldn't permit her to substantially reduce her total weekly hours or work responsibilities for all weeks, until she was determined to be qualified under FMLA. In extreme pain in January-March, 2001, Ms. Thomas alternated standing and sitting at her desk, attempting to work with the computer. She was unable to sit for a lot more than 10-15 minutes at a time. It was just following the FMLA qualification was submitted to the Human Resources department, that her supervisor was obligated to reduced Ms. Thomas's hours and shift some of her work load to a different employee. Until then, Ms. Thomas simply worked through the pain.

Another work consequence of the injury was that this supervisor did not allow Ms. Thomas to pursue professional development training programs in the Spring of 2001. My client had previously registered for these programs but may not attend them due to her decreased hours. This loss of professional development for Ms. Thomas has impacted her earning horizons. Ms. Thomas loss in productivity following the accident was an important reason that she did not get a boost or cost of living increase during her annual review in July, 2001.

Because of the clear liability and severity of the damages sustained, settlement demand is hereby produced in the amount of ,000.00 for Nira Thomas and ,000.00 for Robert Thomas. Please contact me after your review of the claim is complete.

For more information about Evan Aidman, a Siloam Springs Personal Injury Lawyer and his work with clients with serious injuries.