To: Casualty Claims Examiner
Insurance Group
6301 James A. Reed Road
Kansas City, Mo 64133-4775
May 1, 2009
Re: Jo Richards
Your Claim Number: 00-512796
Your Policy Number: 04-117-01
Your Insured: William Carlson
Date of Loss: November 18, 2005
Our Harrisonville, Missouri auto accident lawyers handled this case in response to a Lees Summit personal injury attorneys’ request concerning our position in regard to the auto accident personal injury suffered in the above referenced matter, the following was submitted.
CLAIMANT
Ms. Jo Ellen Richards was a 55 year old married Caucasian female who resided in a rural area just outside of and had an auto accident in Harrisonville, Missouri. She and Robert W. Richards had been married for 27 years. She was employed as a supervisor at a therapeutic group home for MBCH-CFM helping victims of injury auto accidents in Harrisonville, Missouri.
LOCATION AND TIME OF HARRISONVILLE, MISSOURI AUTO ACCIDENT
On November 18, 2005, at approximately 5:25 p.m., while on the way to her home after work, Mrs. Jo Ellen Richards sustained serious personal injury near Harrisonville, Missouri when a automobile she was driving on Highway YY about three (3) Miles West of Harrisonville, Missouri, was struck by the insured who had crossed the center line.
THEORY OF LIABILITY – NEGLIGENCE
Our Harrisonville, Missouri automobile accident attorneys determined liability in this car wreck was based upon statutory and common law negligence and particularly, the failure of Mr. Carlson to control his vehicle.
This Harrisonville automobile accident would not have happened had it not been for the drunken, reckless, careless and negligent operation of Mr. Carlson‘s vehicle. Mr. Carlson needed a Harrisonville, Missouri criminal defense attorney. He was charged with driving while intoxicated in Cass County Circuit Court. Mr. Carlson failed to observe traffic rules, crossed over the center lane and struck my client in the driver’s side door continuing down the left side, hooking into the left rear wheel well causing her vehicle to flip into the north ditch. Mr. Carlson was also charged with violating Missouri statute 565.060, which is felony assault in the second degree. This is a Class C felony criminal violation punishable by one to seven years of incarceration and up to $5,000.00 in fines in Cass County Circuit Court in Harrisonville, Missouri. This felony criminal violation alleged he caused serious personal injury in the auto accident while he was driving under the influence (DUI) in Harrisonville, MO. Mr. Carlson was intoxicated, inattentive and exhibited lack of control over his vehicle all of which contributed to the car accident, injuries and damages suffered by Mrs. Richards. He eventually plead guilty to this charge and served jail time in Cass County jail.
PERSONAL INJURIES AND PAIN AND SUFFERING
Our auto accident attorney in Harrisonville, MO alleged that as a result of Mr. Carlson’s negligent conduct, Mrs. Richards suffered the following injuries:
She has had and still has throbbing aching pain in her right wrist; she received a tearing in the scar tissue in her right breast which had to be replaced. She suffered and continues to suffer pain on the right side of her body to include her shoulder, neck, leg, ankle, knee, and back.
Fortunately, Mrs. Richards had received and continued to receive excellent medical care from Cass County Medical Center in Harrisonville, Missouri with the continuing expense and lifestyle disruption which was expected to continue for the rest of her life. However, this care had not corrected her physical condition to the level prior to the Cass County automobile accident which consequently had not allowed her to resume normal activities enjoyed prior to the accident. Our Cass County personal injury attorneys felt that because of complications directly arising out of the negligence of Mr. Carlson’s actions Ms. Richards should have been, under these circumstances, been compensated for her pain and suffering, hospitalization, medical bills, prescriptions and lost wages and other attendant damages. We contacted our associated who were Lees Summit automobile accident attorneys and they agreed.
Prior to November 18, 2005 Mrs. Richards had no health issues. She had not seen a doctor for other than routine annual exams at Cass County Medical Center in Harrisonville for several years. Even though she did not seek hospitalization at the time of the auto accident, the personal injury damages she sustained became immediately evident when she couldn’t sleep because of the pain. The next morning she went to the Emergency Room. From that day forward she had constantly lived in pain. One health issue had transgressed and developed into another to include diagnosis with Raynauds and MCTD. As she had no health issues prior to this Harrisonville, MO automobile accident, these subsequent diagnosis were the direct and proximate cause of the Cass County auto accident.
She is now required to have her heart, lungs, kidneys and liver examined every three to twelve months to check for ongoing damage. She is still suffering with excruciating chronic pain in her joints, muscles and nerves. She suffers from insomnia and has had to take numerous medications for stabilization of this pain. She is now considered “high risk” and suffers from a suppressed immune system.
Our Harrisonville, MO personal injury attorney submitted a list of expenses/damages due to the injuries sustained by Ms. Richards which arose out of the Cass County, MO automobile accident. The impact which occurred on November 18, 2005 caused serious personal injuries to Mrs. Richards and she had suffered and will continue to suffer ongoing current pain as well as future pain and suffering as a result of your insured’s unlawful conduct.
Set forth below were Mrs. Richards’s itemized damages:
SPECIALS
1. Miami County Medical Center $1,332.50
2. Louisberg Family Care/Dyck $ 252.00
3. Miami County Medical Center $3,311.40
4. Neurology Consultant/Ryan $795.00
5. Olathe Medical Center/Miami/Nosti $5,133.90
6. Olathe Medical Center/Stallard $427.00
7. United Imaging $486.99
8. Humana/Fishman $1,500.00
9. Kansas Orthopedic Specialists/Wilkinson $5,035.05
10. Miami County Medical Center $8,458.10
11. SERC $1,205.00
12. Dr. Newman $658.75
13. Dr. Williams/Anesthesia $384.00
14. Dr. Sneed $ 3,050.95
15. Dr. Nosti/Implant Removal $17,493.73
16. Pharmaceuticals $5,194.51
17. Mileage/796 MILES @ .485 $4,846.00
18. Lost Work Time $11,847.36
19. Vehicle Loss $18,102.00
20. Rental Car/Enterprise $246.05
1a. Dr. Fessenden $3,970.70
2a. Dr. Ruhlman $ 9,859.75
3a. LABCORP $373.00
4a. Dr. Davoren $ 9, l55.60
TOTAL $112,219.34
PERSONAL INJURY ATTORNEY SETTLEMENT DEMAND
Our Harrisonville, Missouri personal injury lawyer, in evaluating this case, took into consideration the fact that Mrs. Richards was a physically active working lady. She had endured the pain and suffering as a result of the trauma to the right side of her body to include her right breast, shoulder, neck, leg, ankle, knee, and back. Lastly she and her husband had suffered a severe set back in their intimate relationship as a result of the trauma brought on by Mr. Carlson’s car accident negligence and Cass County criminal behavior.
Moreover, our Harrisonville accident lawyers took into consideration the fact that not only was the liability unchallengeable as were her $112,219.34 in specials, it caused our Harrisonville lawyers and Lees Summit injury attorneys to believe that Mrs. Richards would expect a substantial jury award in the event this case is tried in Cass County Circuit Court in Harrisonville, Missouri. Accordingly, our Harrisonville accident lawyers concluded that Mrs. Richards’s case has a settlement value in the neighborhood of $325,000.00.
We posted our Harrisonville law firm’s calendar for thirty (30) days from the date of our demand letter so as to give the insurance company sufficient time within which to review and consider our Cass County injury lawyers’ demand, during which time no action was brought on behalf of Mrs. Richards. If our accident lawyers did not hear from the insurance company within that time with a view toward settlement, suit would be filed forthwith.
Our auto accident personal injury lawsuit was filed in the Circuit Court of Cass County, Missouri at Harrisonville. The Honorable Jacqueline Cook, Cass County’s Presiding Judge oversaw the matter. The case was referred for Pleasant Hill auto accident attorney Matt Hamilton to handle. He and his Cass County personal injury lawyers represented the Plaintiff and reached the settlement that was demanded where other attorneys had failed.
Trial lawyer Matt Hamilton graduated from the University of Missouri – Columbia in 1995 with Science degrees in Logistics, Marketing, and Business Administration.
Matthew J. Hamilton
Juris Doctor & Crypto Lawyer
