1.

Step 1

The first must have for the letter is a careful explanation of the scenario that led to this correspondence.
There is no reason to be aggressive in your demands. All you need to do is explain, in detail, the scenario
that brought you to write this letter, and the personal injuries sustained by this episode.

2. Step 2

From there the letter should detail the claim specifics. If this letter is written in response to a car
accident, the letter ought to detail the specifics of the claim: why the other person was at fault; why the
insurer must pay out; what the settlement will cover in the way of damage to the car and medical
expenses; etc.

3. Step 3

Also included in this letter are the demands you'll make in the way of compensation for pain and
suffering. Be careful here! You'll never get more than what you ask for. And you'll likely get less.
Consider your expectations when coming up with this figure.

4. Step 4

State only the strengths of your argument. Think of yourself as a trial lawyer. It's your responsibility to
make a case for yourself. Stay away from admitting partial fault. Simply state your position and only the
reasons you feel this position is justifiable.

5. Step 5

Finally, include any supporting documents or photos necessary to help your case. Close by stating the
expectations you have in terms of response time.

Assignment

Using your imagination to provide missing facts, draft a settlement letter for the Forrester case found in
Chapter 1 of your text. Critique these if you like with other students in the class via email. Keep in mind
that a well-drafted settlement demand letter can be an impressive writing sample to a future employer.
Be sure to include such things as social history, medical history, facts of accident, theories of recovery,
medical, employment, expenses, and analysis of evaluation. PAGE 70, mc duff, PAGE 168 Forrester
complaint. Pg 153 negligence Pg 181 Richard hart address. Pg 76 interview summary.

Your letter should be typed, single spaced, in proper letter format (date, address, regarding line, intro,
body, conclusion, signature block). You can even create some fake letterhead if you choose!
 White, Wilson, & McDuff
Attorneys at Law
www.wwmd.com

Arthur White, Plaintiffs’ Attorney

Federal Plaza Building, Suite 700 Telephone (111) 555-0000

Third and Market Streets Facsimile: (111) 555-1100
Legalville, Columbia 00000 arthurW@wwmd.com

June 12, 2010

Via U.S. Mail

Alice Black
Defendants’ Attorney
2100 Main Street
Friendly, New Washington 00065

Re: Forrester and Forrester v. Richard Hart and Mercury Parcel Service

Dear Ms. Black:

I have been retained by Ann and William Forrester to represent them regarding their claims
arising from the accident that involved, Richard Hart, a delivery driver and employee of Mercury
Parcel Service Inc.

Injuries Sustained and Property Damage

Richard Hart was driving a Mercury Parcel delivery van and struck Mrs. Forrester as she crossed
the intersection with his vehicle while in the course of his duties on the morning of February 26,
2009. As a result, Mrs. Forrester has sustained permanent and severe injuries from the incident.
The injuries that she suffers from are fractures to her left leg, pelvis and hip, lower spine
damages, torn muscles, tendons, tissue and nerves. She was paralyzed by the Mercury Parcel
Service van that Mr. Hart was driving and is currently confined to a wheel chair. Due to the
extensive spinal damages, nerve damage and hip fracture, Mrs. Forrester, suffers with bladder
control problems. She also suffers from emotional trauma from the pain and paralysis as well.
Mrs. Forrester has insomnia, depression, anxiety other maladies from being struck by Mr. Hart.
She is in a constant state of pain and great suffering from the injuries. In addition to the injuries,
Mrs. Forrester suffered property damages and losses to her coat, clothing, cellular phone, wrist
watch and wedding band. All the items were located on her left side, with the exception of the
coat and clothing, and were either smashed or cut off in the hospital emergency room after she
was the struck by the delivery van that the defendant was driving.
Alice Black
Defendants’ Attorney
Page 2 of

Police Accident Report and photographs

Sgt. Steele reports that State Road 328 is a one-lane road that has several inclines. The road had
icy patches on it. The accident occurred while going down the incline where the victim was
struck. The report states that the delivery van hit a tree after striking the victim. The report also
claims that the frontal crash impact occurred from speeds in excess of 40 mph. Photographs of
the scene and delivery van were taken by the police accident investigation team (attached as
Exhibit A: Police Report, Accident Investigation Report and Photographs).

Liability Facts and Negligence of the Accident

Mr. Hart negligently and recklessly drove his van through the intersection and directly into Mrs.
Forrester. He failed to slow down and yield the right of way to a pedestrian as required by state
and local traffic laws. Your client was not paying attention to the road in front of him and was
going too fast in icy conditions to slow down and stop in enough time to avoid hitting Mrs.
Forrester as she was crossing the intersection. Eyewitness accounts regarding Mr. Hart’s driving
state that his windshield was partially fogged over and his speed was 40 mph or more in a 35
mph speed zone. The witnesses stated that they did not see the driver use any evasive maneuvers
to avoid hitting Mrs. Forrester. The witnesses reported that Hart looked sleepy behind the wheel.

Mrs. Forrester has suffered $2,812,241,483 in special damages to date. They are itemized as
follows:

Special Damages

Past Medical Expenses to Date (2009): $   435,150

Future Medical Expenses: (estimated) $ 1,790,586,000          
Past Lost Wages for Teaching: $   45,333
($34,000 annual salary)
Future Lost Wages as a Teacher: $ 1,020,000,000
30 more years at $34,000 per year
Future Loss of Benefits:  $ 275,000
Pain & Suffering Cap: $    550,000
Future Vocational Rehabilitation Costs:  $     350,000         

Total Claim of Special Damages to Date: $ 2,812,241,483

Spousal Loss of Consortium

Mr. Forrester states that his wife is no longer able to provide him the services, companionship,
love, affection, and sexual relations that they enjoyed before the accident. He is seeking damages
totaling: $ 1,500,000,000
Alice Black
Defendants’ Attorney
Page 3 of

Property Damages

Clothing $ 175
Cellular phone $ 350
Jewelry: Wrist watch $ 100
Wedding band $ 300

Total Claim of Property Damages $ 925

Total of all claims $ 4,312,242,408

Plaintiffs’ Claim for Damages

As of today’s date, Mrs. Forrester’s medical bills are $275,256 for the year 2010.  She has been
in active treatment, pain management, and physical rehabilitation since the incident happened in
February 2009. Mrs. Forrester’s doctors have indicated that she will suffer paralysis and bladder
control problems for the remainder of her lifetime (see Plaintiff’s Medical Summary, Medical
and Rehabilitation Reports, attached as Exhibits B and C).

The defense medical expert’s opinion, provided by Dr. Wiley, concurs with plaintiff’s Drs. Clark
and Murray opinions that Mrs. Forrester will not be able to return to her former teaching position
or any type of employment. Dr. Clark has made it part of his report and opinion that Mrs.
Forrester will need several more surgeries to correct the pelvis, spine and leg injuries and
ongoing physical rehabilitation for the remainder of her life. Dr. Murray’s opinion is that she will
need in home hospice care for approximately one to two more years. Both doctors contend that
she will need medical treatment for the remainder of her life and may have permenant paralysis
and be confined to a wheel chair.

LOST WAGES

 Due to the severity of Mrs. Forrester’s injuries to her left leg and back, she has been unable to
return to work since the February 26, 2009 accident involving Richard Hart. According to her
doctors she has been permanently disabled as a result of this accident. Mrs. Forrester’s lost
wages are $45,333 and she was earning $34,000 annually plus medical and dental benefits when
the accident occurred. The current earnings do not take annual salary increases or inflation into
consideration. As per her doctors, she is not expected to return to any type of gainful
employment.

Mrs. Forrester was terminated from her teaching position and has a future loss of earnings
capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current
estimated loss value of her earning capacity combined is $1,020,275,000. Our accountant has
Alice Black
Defendants’ Attorney
Page 4 of

made this estimate as conservative as possible. Please feel free to have the report reviewed by
your own accountants (attached as Exhibit D). I am sure that you are well aware that the cap on
pain and suffering in our state is $550,000. This accident has had a devastating effect on both
Mr. and Mrs. Forrester’s lives. However, Mrs. Forrester’s life, teaching career, physical health,
and mental well-being has been particularly harsh and burdensome on her. There is no doubt that
the pain and suffering aspect of this case warrants an evaluation that is equal to the cap.

Policy Limits

I spoke with Mercury’s insurance agent, John Tames, last week and was advised that the
available policy limits from the commercial automobile policy is $2,000,000,00 and business
liability insurance limits for this loss is $1,500,000,000 for a combined total of $3,500,000,000.
Given the clear liability and permanent injuries that Mr. and Mrs. Forrester suffer, I would make
a recommendation to our clients to accept that amount to resolve this case. We are willing to
reach an agreement on these terms. However, we are fully prepared to proceed to trial if your
clients choose to refuse the settlement offer. If this case does go to trial, we are obviously going
to seek a recovery that is well in excess of the policy limits. Please advise us as to how you
would like to proceed in this matter within the next fifteen days of receiving this settlement offer.

Sincerely,

Arthur White

AW/sdb