DAY INJURY LAW

1 Village Green, Great Falls, VA 22066
Phone: (703) 555-0140 | Email: counsel@example.com
R. Day, Esq. — Bar No. VA-000000

VIA CERTIFIED MAIL & EMAIL

Date: [Insert Date of Mailing]

TO:
[Insurance Carrier Name — not stated in documents]
[Claims Adjuster Name — not stated in documents]
[Claims Department Address]
Claim No.: [Not provided in documents — attorney to insert]
Insured/Defendant: Daniel Overton
Date of Loss: April 12, 2026

RE: Settlement Demand — Claim of Sarah Whitfield
Our Client: Sarah Whitfield (DOB 03/14/1986)
Incident: Rear-end collision, Route 7 at Towlston Road, Fairfax County, Virginia

I. INTRODUCTION

This firm represents Sarah Whitfield ("Claimant") for injuries and damages arising from the motor-vehicle collision caused by your insured, Daniel Overton, on April 12, 2026. This letter constitutes a formal demand for settlement of all claims. Please direct all further communication regarding this matter to the undersigned and not to our client directly.

We have compiled the medical records, billing statements, employment/wage documentation, and the Virginia State Police crash report supporting this demand. Based on the evidence set out below, we demand settlement in the amount stated in Section VII.

II. STATEMENT OF FACTS

On April 12, 2026, Claimant was the restrained driver of Vehicle 2 (Whitfield), lawfully stopped at a controlled intersection at Route 7 and Towlston Road in Fairfax County, Virginia. Your insured, operating Vehicle 1, failed to stop and struck Claimant's stopped vehicle in the rear.

The investigating Virginia State Police officer documented the sequence in report 2026-04-1187: Vehicle 2 was stopped at the controlled intersection; Vehicle 1 failed to stop and struck it in the rear. The driver of Vehicle 1 was cited for following too closely. No citations were issued to Claimant.

Claimant was transported to and evaluated in the emergency department the same day with complaints of neck and lower back pain, beginning a course of treatment that continued through November 14, 2026, as detailed below.

III. LIABILITY

Duty. Your insured owed every other motorist, including Claimant, a duty to operate his vehicle with reasonable care, to maintain a proper lookout, and to maintain a safe following distance and control sufficient to stop for stopped and controlled traffic.

Breach. Your insured breached that duty by failing to stop for a controlled intersection and following too closely — a breach memorialized by the citation issued to him for following too closely in Virginia State Police report 2026-04-1187. A rear driver who strikes a stopped, lawfully positioned vehicle is presumptively at fault. [Counsel to cite controlling Virginia authority on rear-end collision presumption and following-too-closely statute.]

Causation. The force of the rear impact directly caused Claimant's cervical and lumbar injuries, including the L5-S1 disc herniation with nerve-root impingement documented on imaging. The treatment record shows an unbroken chain from the date-of-loss ED presentation through the diagnostic MRI, physical therapy, orthopedic care, and epidural injection.

Virginia contributory-negligence note. Virginia applies a strict contributory-negligence rule, under which any fault attributable to a claimant can bar recovery. Here, liability is clean and one-sided: Claimant was stopped at a controlled intersection, was struck from behind, and received no citation, while your insured was cited. There is no evidentiary basis to assign any fault to Claimant, and the contributory-negligence defense is unavailable on these facts.

IV. INJURIES AND MEDICAL TREATMENT

Claimant sustained the following injuries, diagnosed and treated as follows:

Diagnoses:

• Cervical spine sprain / whiplash (ICD-10 S13.4XXA) — neck strain.
• Lumbar (lower back) spine sprain (ICD-10 S33.5XXA).
• L5-S1 disc herniation with left-sided nerve-root impingement (confirmed on MRI).

Medical Chronology:

The record establishes an objectively confirmed disc herniation with nerve-root impingement that failed conservative care and required an interventional injection, leaving Claimant with a documented prognosis of chronic intermittent symptoms and the possibility of future intervention.

V. DAMAGES BREAKDOWN

A. Economic Damages

1. Medical Special Damages

• ED (04/12/2026): $4,280
• Lumbar MRI (05/02/2026): $2,150
• Physical Therapy (32 × $145): $4,640
• Orthopedic Consult (09/25/2026): $650
• Epidural Steroid Injection (10/08/2026): $3,200
• Orthopedic Follow-up (11/14/2026): $450

Medical Subtotal:
$4,280 + $2,150 + $4,640 + $650 + $3,200 + $450 = $15,370

2. Lost Wages (Senior graphic designer; $38.50/hour, 40 hours/week)

• Full absence, 04/12/2026 – 05/23/2026 (6 weeks):
  40 hrs × $38.50 = $1,540/week × 6 = $9,240
• Reduced schedule, 05/26/2026 – 07/04/2026 (6 weeks at 20 hrs/week — 20 hrs/week lost):
  20 hrs × $38.50 = $770/week × 6 = $4,620

Lost Wages Subtotal: $9,240 + $4,620 = $13,860

3. Property Damage
Vehicle repair/total-loss figure not contained in the provided documents. [Attorney to insert documented property-damage amount.] — $[TBD]

TOTAL ECONOMIC DAMAGES:
$15,370 (medical) + $13,860 (lost wages) + $[TBD property] = $29,230 (exclusive of property damage to be added)

B. Non-Economic Damages (Pain, Suffering, Inconvenience, Loss of Enjoyment)

Multiplier selected: 5x (severe/permanent).
This case warrants the upper multiplier because Claimant sustained more than a soft-tissue sprain: MRI confirmed an L5-S1 disc herniation with nerve-root impingement, conservative care (32 PT sessions) failed, an invasive epidural steroid injection was required, and the treating orthopedist's prognosis is chronic intermittent symptoms with possible future intervention and ongoing pain with prolonged sitting. These objective findings and the permanent/chronic prognosis distinguish this claim from a minor (3x) or moderate (4x) soft-tissue matter.

Non-Economic Calculation:
$15,370 (total medical) × 5 = $76,850

VI. DEMAND

Combining economic and non-economic damages:

• Total Economic Damages: $29,230 (plus documented property damage, TBD)
• Non-Economic Damages: $76,850

$29,230 + $76,850 = $106,080

SETTLEMENT DEMAND: $106,080

(This figure excludes property-damage costs, which will be added upon confirmation of the documented amount. No punitive damages are asserted; the facts support ordinary negligence, not the willful or wanton conduct required for punitive exposure. If discovery reveals aggravating facts, Virginia's statutory punitive-damages cap should be independently verified.)

We demand response to this settlement demand within thirty (30) days of the date of this letter. If we do not receive a good-faith response by that date, we are prepared to file suit and pursue the full measure of damages, including amounts that may exceed this pre-suit demand.

Please be advised that Virginia's general two-year personal-injury statute of limitations applies, with a deadline of approximately April 12, 2028. This date is provided for reference only; the exact deadline should be independently confirmed against current law and the specific facts.

VII. CONCLUSION

The liability evidence here is decisive: your insured was cited for following too closely after rear-ending our stopped, uncited client at a controlled intersection. The medical records document a serious, objectively confirmed spinal injury with a chronic prognosis. We are confident that settlement at the demanded amount fairly reflects Claimant's damages and avoids the greater cost and exposure of litigation.

We look forward to your prompt response. This letter is a good-faith effort to resolve the matter and is not intended to state every fact or legal theory available to Claimant. All rights are expressly reserved.

Respectfully submitted,

R. Day, Esq.
Day Injury Law
Bar No. VA-000000
1 Village Green, Great Falls, VA 22066
(703) 555-0140 | counsel@example.com
Counsel for Sarah Whitfield

Enclosures: Emergency department records (04/12/2026); Lumbar MRI report (05/02/2026); Physical therapy records (05/10/2026–09/18/2026); Orthopedic records (09/25/2026, 11/14/2026); Epidural injection record (10/08/2026); Itemized medical bills; Employer wage/lost-time documentation; Virginia State Police report 2026-04-1187.

ATTORNEY REVIEW NOTES (remove before sending)

1. Insurer/adjuster/claim number not present in the source documents — insert into the "To:" block before mailing.
2. Property damage figure not in the documents — obtain and add to Total Economic Damages and recompute Final Demand.
3. Statute of limitations (~04/12/2028) is a general reference; confirm the exact date and any exceptions.
4. Insert controlling Virginia authority at the bracketed placeholder in Section III (rear-end presumption / following-too-closely).
5. Confirm whether any wage documentation supports overtime, benefits, or diminished earning capacity beyond the base hours shown.
6. Multiplier (5x) is supported by objective herniation + failed conservative care + chronic prognosis; adjust if additional records refine prognosis.