[YOUR FIRM NAME]
[Street Address] · [City, State ZIP] · [Phone] · [Email]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Adjuster Name], Claims Adjuster
[Insurance Company]
[Street Address]
[City, State ZIP]
Re: Settlement Demand
Our Client / Claimant: Maria Elena Martinez
Your Insured: Kevin James Thornton
Claim Number: [Claim Number]
Policy Number: [Policy Number]
Date of Loss: September 12, 2025
FOR SETTLEMENT PURPOSES ONLY — PROTECTED BY EVIDENCE RULE 408 AND STATE EQUIVALENTS
Dear [Adjuster Name]:
Introduction
As you know, this firm represents Ms. Maria Elena Martinez regarding injuries and damages she suffered in a rear-end collision on September 12, 2025, at Wilshire Blvd and S. Robertson Blvd, Los Angeles, California, caused by your insured, Kevin James Thornton. The purpose of this letter is to attempt to reach an early settlement of Ms. Martinez's claims prior to litigation. As such, to the fullest extent allowed by law, this letter and all attachments are protected by Evidence Rule 408.
We believe we provide you here with all information necessary to properly evaluate this claim. If you believe additional information is needed, please advise me of this immediately to avoid delay. Once you have had an opportunity to review the enclosed materials, please contact me within 30 days of receipt of this offer to discuss settlement.
Accident Information
On September 12, 2025, at approximately 5:42 PM, Ms. Martinez was operating her 2022 Honda Civic westbound on Wilshire Boulevard and was completely stopped at a red signal at the intersection of S. Robertson Boulevard in Los Angeles, California. Conditions were clear, with dry pavement. Kevin James Thornton, traveling westbound on Wilshire Boulevard directly behind Ms. Martinez in a 2023 Ford F-150, failed to stop and struck the rear of her vehicle. No skid marks were observed at the scene. The collision pushed Ms. Martinez's vehicle approximately 12 feet forward into the intersection. Her vehicle sustained significant rear-end damage, including a displaced rear bumper, buckled trunk lid, and deformed rear quarter panels. Ms. Martinez was wearing her seatbelt and was transported from the scene by ambulance to Cedars-Sinai Medical Center. The collision was documented in California Highway Patrol Report No. LA-2025-0912-4478, prepared by Officer Daniel Reeves.
Liability
Kevin James Thornton is clearly at fault for this collision: he rear-ended Ms. Martinez's completely stopped vehicle while admittedly looking at his phone, received citations at the scene, and was determined by the California Highway Patrol to be the primary collision factor — a finding corroborated by two independent witnesses. If you disagree with this assessment, please advise us promptly.
Property DamageOptional section
Ms. Martinez's 2022 Honda Civic EX sustained significant structural rear-end damage as a direct result of the collision: the rear bumper was displaced, the trunk lid buckled, and both rear quarter panels were deformed. The at-fault party's 2023 Ford F-150 XLT also sustained moderate front-end damage to its bumper, hood, and grille, consistent with the force of the impact. Supporting documentation, including post-accident photographs and available damage records, is attached hereto.
Causation Analysis
A. Mechanism of Injury
The September 12, 2025 collision involved a direct rear-end impact to Ms. Martinez's completely stopped vehicle by a 2023 Ford F-150 traveling at an estimated 30–35 mph, with no braking prior to impact. Ms. Martinez reported immediate onset of neck pain, mid-back pain, headache, and bilateral shoulder stiffness upon impact, and was transported from the scene by ambulance.
B. Temporal Causation
Ms. Martinez's cervical and thoracic symptoms were first documented on the date of the collision itself — September 12, 2025 — when she presented to the Cedars-Sinai Medical Center Emergency Department with acute neck pain, mid-back pain, and bilateral shoulder stiffness, with clinical examination confirming significant bilateral paraspinal muscle spasm and markedly restricted cervical range of motion. Physical therapy commenced on September 18, 2025, and an MRI of the cervical spine obtained on October 1, 2025 revealed structural disc injuries at C4-C5 and C5-C6, with signal changes in the paravertebral musculature consistent with edema and strain — objective findings that corroborate the acute traumatic onset documented at the initial emergency visit.
Drafting note — optional subsection C. Pre-existing Conditions. Include only when the claimant has prior injuries, treatment, or degenerative findings in the same body region. State the prior condition plainly, cite the pre-collision records, establish the functional baseline before the date of loss, and argue aggravation. Hiding a prior condition is the fastest way to lose an adjuster's trust; framing it correctly turns it into an aggravation claim. Ms. Martinez has no relevant prior history, so this subsection is omitted. When omitted, relabel D as C.
D. Medical Causation Opinion
Dr. Robert Chen, the treating orthopedic spine specialist at Pacific Spine Institute, reviewed the October 1, 2025 MRI findings and opined that the cervical disc injuries at C4-C5 and C5-C6 are "most likely traumatic in origin" given Ms. Martinez's age and mechanism of injury. Dr. Chen further stated: "It is my medical opinion, within reasonable medical probability, that Ms. Martinez's cervical injuries are directly and causally related to the motor vehicle collision of September 12, 2025." Dr. Chen additionally noted that Ms. Martinez had reached approximately 85% of maximum medical improvement as of October 3, 2025, and that she may experience intermittent cervical pain and stiffness on a permanent basis, with future care potentially including periodic physical therapy, epidural steroid injections, and ergonomic accommodations.
Physical and Emotional Harm – Damages Summary
DOB: 04/15/1988
Gender: Female
Medical Specials: $16,681.50
Date of First Treatment: 09/12/2025
Injuries: CERVICAL & UPPER EXTREMITIES: Cervical sprain/whiplash with acute paraspinal muscle spasm bilaterally C3-C7 and severely restricted range of motion; post-traumatic cervicalgia; C4-C5 posterior disc protrusion (2.1mm) with annular fissure and mild bilateral foraminal narrowing; C5-C6 broad-based disc bulge (2.8mm) with superimposed left paracentral protrusion, annular tear with high-intensity zone, left foraminal narrowing, and mild cord flattening; C6-C7 minimal disc bulge; bilateral paravertebral muscle edema and strain (longus colli and multifidus); strain of right rotator cuff; bilateral trapezius spasm; permanent intermittent cervical pain and stiffness per treating orthopedic spine specialist | THORACIC & LUMBAR: Thoracic sprain with paraspinal tenderness T2-T6 | HEAD / NEURO: Post-traumatic headache | PSYCHOLOGICAL / EMOTIONAL: Anxiety associated with driving due to restricted cervical rotation | SYSTEMIC / FUNCTIONAL: Disrupted sleep (waking 2–3 times nightly due to neck pain); inability to exercise (previously ran 3x/week); reduced work capacity (limited to 4 hours/day from home); persistent low-grade neck stiffness with prolonged static postures; cervical ROM reduced to approximately 85% of normal at discharge from physical therapy, with incomplete recovery to pre-accident baseline
Summary of Injuries
| Description / ICD-10 Code | First Diagnosis |
|---|---|
| Cervical Spine | |
| S13.4XXA – Cervical sprain (whiplash), initial encounter | 09/12/2025 |
| M54.2 – Cervicalgia | 09/12/2025 |
| M50.221 – Cervical disc protrusion at C4-C5 (2.1mm posterior, annular fissure, mild bilateral foraminal narrowing, no cord compression) | 10/03/2025 |
| M50.222 – Cervical disc displacement at C5-C6 (2.8mm broad-based bulge with left paracentral protrusion, left foraminal narrowing, mild cord flattening without signal change, annular tear with high-intensity zone) | 10/03/2025 |
| M62.838 – Paravertebral muscle edema/strain, bilateral longus colli and multifidus (MRI signal changes) | 10/03/2025 |
| Thoracic Spine | |
| S23.3XXA – Thoracic sprain, initial encounter | 09/12/2025 |
| Shoulder | |
| S46.011A – Strain of right rotator cuff, initial encounter | 09/12/2025 |
| Head / Neurological | |
| R51.9 – Headache, post-traumatic | 09/12/2025 |
Summary of Treatment
| Provider | No. of Treatments | Duration | CPT Treatment / Description |
|---|---|---|---|
| Cedars-Sinai Medical Center | 1 visit | 09/12/2025 | Emergency department evaluation — cervical sprain (whiplash), thoracic sprain, cervicalgia, post-traumatic headache, right rotator cuff strain; cervical collar applied; medications prescribed (Naproxen, Cyclobenzaprine, Tramadol) |
| Pacific Coast Physical Therapy | 5 visits | 09/18/2025 – 10/02/2025 | Physical therapy — initial assessment; cervical mobilization; manual therapy; therapeutic exercise; cervical traction; ultrasound; e-stim; progressive resistance; McKenzie protocol; cervical stabilization exercises; thoracic mobility |
| Dr. Robert Chen | 1 visit | 10/03/2025 | Orthopedic spine consultation — review of cervical MRI findings (C4-C5, C5-C6 disc injuries); assessment and plan including continued physical therapy, consideration of epidural steroid injections at C5-C6, and surgical consultation criteria |
Medical Therapies
On September 12, 2025, Ms. Martinez presented to Cedars-Sinai Medical Center for emergency evaluation following the rear-end collision. Examination revealed significant bilateral paraspinal muscle spasm from C3 through C7, thoracic paraspinal tenderness, and bilateral trapezius spasm, with cervical flexion reduced to 20 degrees and extension to 10 degrees. She was diagnosed with cervical sprain (whiplash), thoracic sprain, cervicalgia, post-traumatic headache, and right rotator cuff strain, and was discharged in a cervical collar with prescriptions for Naproxen, Cyclobenzaprine, and Tramadol. Despite emergency intervention and pharmacological management, Ms. Martinez's cervical pain and restricted range of motion persisted and required immediate referral for ongoing orthopedic care.
From September 18, 2025 through October 2, 2025, Ms. Martinez completed 5 visits of physical therapy at Pacific Coast Physical Therapy targeting her post-collision cervical and thoracic symptoms. Treatment progressed from initial assessment with gentle cervical mobilization, ice, and e-stim through manual therapy, cervical traction, therapeutic exercise, ultrasound, progressive resistance, McKenzie protocol, and cervical stabilization with thoracic mobility work. Despite 5 sessions of structured physical therapy, Ms. Martinez's cervical pain continued at 6/10 through her final visit, and her range of motion remained below normal limits, leaving her unable to return to full-time work or resume her prior exercise routine.
On October 3, 2025, Ms. Martinez was evaluated by Dr. Robert Chen, an orthopedic spine specialist, for persistent cervical and thoracic pain following the collision. Dr. Chen reviewed the cervical MRI findings, documenting structural disc injuries at C4-C5 and C5-C6 — including annular fissures and disc protrusions — along with signal changes in the bilateral longus colli and multifidus muscles consistent with edema and strain. He opined, within reasonable medical probability, that Ms. Martinez's cervical injuries are directly and causally related to the September 12, 2025 collision, and assessed her at approximately 85% of maximum medical improvement. Dr. Chen recommended continuation of physical therapy and noted that, if symptoms persist, epidural steroid injections at C5-C6 may be warranted, with surgical consultation reserved for neurological deterioration or failure of conservative measures. Despite the course of conservative treatment completed to that point, Ms. Martinez continued to experience cervical pain and functional limitations — including disrupted sleep and difficulty driving — that persisted and interfered with her ability to work full-time and perform daily activities.
Radiology
X-RAY — CERVICAL SPINE
09/12/2025 — Cedars-Sinai Radiology
Impression:
- Loss of normal cervical lordosis consistent with muscle spasm.
CT — HEAD/BRAIN (WITHOUT CONTRAST)
09/12/2025 — Cedars-Sinai Radiology
Impression:
- No acute intracranial pathology. No fracture.
MRI — CERVICAL SPINE
10/01/2025 — Beverly Advanced Imaging (ordered by Dr. Robert Chen, MD — Pacific Spine Institute)
Impression:
- C4-C5: Small posterior disc protrusion measuring 2.1mm. Mild bilateral foraminal narrowing. Annular fissure noted.
- C5-C6: Broad-based disc bulge measuring 2.8mm with superimposed left paracentral protrusion. Left foraminal narrowing. Mild cord flattening without signal change. Annular tear with high-intensity zone.
- C6-C7: Minimal disc bulge.
- Paravertebral musculature: Signal changes consistent with edema/strain in bilateral longus colli and multifidus muscles.
Positive Orthopedic Testing
| Test / Objective Finding | Dates Noted |
|---|---|
| Annular Fissure — C4-C5 (MRI) | 10/01/25 |
| Annular Tear with High-Intensity Zone — C5-C6 (MRI) | 10/01/25 |
| Bilateral Foraminal Narrowing — C4-C5 (MRI) | 10/01/25 |
| Bilateral Trapezius Spasm | 09/12/25 |
| Cervical Paraspinal Muscle Spasm — Bilateral C3-C7 | 09/12/25 |
| Decreased Cervical Extension (10 degrees; normal 60) | 09/12/25, 09/18/25 |
| Decreased Cervical Flexion (20 degrees; normal 50) | 09/12/25, 09/18/25 |
| Decreased Cervical Rotation — Bilateral (30 degrees) | 09/18/25 |
| Disc Bulge — C5-C6, Broad-Based, 2.8mm with Left Paracentral Protrusion (MRI) | 10/01/25 |
| Disc Protrusion — C4-C5, Posterior, 2.1mm (MRI) | 10/01/25 |
| Left Foraminal Narrowing — C5-C6 (MRI) | 10/01/25 |
| Loss of Normal Cervical Lordosis (X-Ray) | 09/12/25 |
| Mild Cord Flattening — C5-C6 (MRI) | 10/01/25 |
| Paravertebral Muscle Signal Changes — Bilateral Longus Colli and Multifidus (MRI) | 10/01/25 |
| Tenderness to Palpation — Occipital Region | 09/12/25 |
| Tenderness to Palpation — Thoracic Paraspinal (T2-T6) | 09/12/25 |
Duties Under Duress
Due to her injuries and ongoing pain symptoms, Ms. Martinez was forced to curtail many of her normal activities and experienced significant limitations in her daily living. Her bodily injury claim therefore includes a claim for performing duties under duress, and the following chart reflects those documented limitations.
| Provider | Date(s) | Limitations / Duties Under Duress |
|---|---|---|
| Cedars-Sinai Medical Center | 09/12/2025 | Limited cervical range of motion (flexion 20 degrees, extension 10 degrees); bilateral shoulder ROM restricted by pain; discharged in cervical collar |
| Pacific Coast Physical Therapy | 09/18/2025 | Severely limited cervical range of motion with flexion 20 degrees, extension 10 degrees, and rotation 30 degrees bilaterally; pain rated 8/10 interfering with functional activity |
| Dr. Robert Chen | 10/03/2025 | Limited ability to work full-time (reduced to 4 hours/day from home); sleep disruption with waking 2–3 times nightly due to neck pain; inability to exercise (previously ran 3 times per week); difficulty driving due to restricted neck rotation |
Special Damages
| Name of Provider | Amount |
|---|---|
| AMR Ambulance | $1,847.00 |
| Beverly Advanced Imaging | $2,850.00 |
| Cedars-Sinai MC — ED | $4,107.00 |
| Cedars-Sinai Pharmacy | $127.50 |
| Cedars-Sinai Radiology | $2,105.00 |
| Pacific Coast PT | $4,500.00 |
| Pacific Spine Institute | $1,145.00 |
| TOTAL: | $16,681.50 |
Wage LossOptional section
Ms. Martinez sustained a documented, two-phase work disability directly attributable to the collision injuries. From September 12, 2025 through September 26, 2025 — a period of ten full work days — she was completely unable to perform her job duties. Beginning September 29, 2025, she transitioned to a partial-disability status, working only four hours per day through November 7, 2025, a span of thirty work days at fifty percent of her normal capacity. This phased disability is consistent with the orthopedic findings documented at her October 3, 2025 consultation and the functional restrictions noted in her physical therapy discharge summary, which limited her to desk work with mandatory breaks every forty-five minutes.
At a verified daily rate of $375.00, the ten days of full disability account for $3,750.00 in lost wages. The thirty days of partial disability — each representing a fifty-percent reduction in daily earning capacity — account for an additional $5,625.00. Ms. Martinez's total documented wage loss is $9,375.00.
This $9,375.00 figure reflects only the verified period of documented disability through November 7, 2025. As noted in the prognosis, Ms. Martinez had not yet reached maximum medical improvement as of her October 3, 2025 orthopedic evaluation, and her functional capacity remained restricted to half-day work from home. Should her recovery extend the period of partial disability beyond the dates currently documented, the wage loss figure will be supplemented accordingly.
Pain and Suffering, Inconvenience and Loss of Enjoyment of Life
Ms. Martinez is entitled to full and fair compensation for all pain, suffering, and inconvenience caused by the injuries in question. California law recognizes noneconomic damages including physical pain, mental suffering, loss of enjoyment of life, and inconvenience as separate and distinct elements of compensable damages. CACI No. 3905A instructs the jury to award reasonable compensation for physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress — both past and with reasonable probability to be experienced in the future. The California Supreme Court has held that there is no fixed standard for evaluating pain and suffering, and the determination rests with the good sense and judgment of the trier of fact. Beagle v. Vasold, 65 Cal.2d 166, 172 (1966).
The structural cervical disc injuries confirmed by MRI — and causally attributed to the collision by Dr. Robert Chen within reasonable medical probability — are not soft-tissue sprains that resolve with rest. They represent documented architectural damage to the cervical spine that has produced chronic pain and ongoing disability in Ms. Martinez's daily function. From the moment of impact, she experienced acute neck pain rated 8/10, with cervical range of motion so severely restricted that even basic head movement was compromised. Weeks of structured physical therapy produced incremental gains, yet pain persisted at 6/10 through her final therapy session and her range of motion remained below normal limits. Dr. Chen documented that Ms. Martinez had reached only approximately 85% of maximum medical improvement at the time of his evaluation — meaning a meaningful deficit in her physical baseline remained unresolved. The pain has disrupted her sleep, waking her two to three times nightly, and has made sustained physical activity impossible for a person who previously ran three times per week.
The emotional toll of these injuries is equally concrete. Ms. Martinez has experienced anxiety directly tied to her physical limitations — specifically, difficulty driving because restricted neck rotation prevents her from checking her mirrors with confidence. For someone whose professional responsibilities require her to function at full capacity, the collision reduced her to working only four hours per day from home. The combination of disrupted sleep, curtailed physical activity, and the daily reminder of physical limitation has imposed a sustained psychological burden that the record documents and that California law recognizes as fully compensable.
Dr. Chen's prognosis establishes that Ms. Martinez's ability to live a normal life has been compromised on an ongoing basis. He opined that she may experience intermittent cervical pain and stiffness on a permanent basis, particularly with prolonged static postures — the very postures demanded by desk work, driving, and the ordinary activities of daily life. Future medical care, including periodic physical therapy and potential epidural steroid injections, is expected to be required. The running she once relied on for physical and mental well-being, the uninterrupted sleep she no longer has, and the freedom to drive without anxiety — these are not abstract losses. They are the documented, day-to-day consequences of structural cervical injuries caused by this collision, and they form the foundation of a substantial noneconomic damages claim.
Offer to Settle
Obviously, we would like to resolve this claim without litigation if that is possible, but please be aware that we are committed to obtaining a just result. Given the seriousness of the crash and considering Ms. Martinez's injuries, she will accept $95,000 or policy limits to resolve her claim. We ask that you respond within the next 30 days.
Please be advised that the offer contained herein is for settlement purposes only and is not to be construed as operative in the event this case proceeds to litigation.
We will negotiate through [date] only, at which time our settlement offer will be revoked, and we will commence litigation without further notice to you.
Sincerely,
[Attorney Name]
[Your Firm Name]
[State Bar No.]
Enclosures:
Exhibit A — California Highway Patrol Report No. LA-2025-0912-4478
Exhibit B — Scene and vehicle photographs; property damage estimate
Exhibit C — Cedars-Sinai Medical Center records, radiology and billing
Exhibit D — Pacific Coast Physical Therapy records and billing
Exhibit E — Beverly Advanced Imaging MRI report and billing
Exhibit F — Pacific Spine Institute (Dr. Robert Chen) consultation and billing
Exhibit G — AMR Ambulance billing
Exhibit H — Employer wage verification