Sample Case Evaluation Summary

Sample Case Evaluation Summary

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

MS. PLAINTIFF and Case No. _____________

MR. PLAINTIFF, her husband,

Plaintiffs, CONSOLIDATED WITH:

v. Case No. _____________

MR. DEFENDANT, DEFENDANT 1

INSURANCE COMPANY OF AMERICA

and/or DEFENDANT 1 INSURANCE

COMPANY OF THE MIDWEST and

DEFENDANT 2 MUTUAL INSURANCE

COMPANY,

Defendants.

AND

DEFENDANT 1 INSURANCE COMPANY

OF THE MIDWEST,

Defendant/Cross-Plaintiff

v.

DEFENDANT 2 MUTUAL INSURANCE

COMPANY,

Defendant/Cross-Defendant.

PLAINTIFF’S CASE EVALUATION SUMMARY

Date/Time:

______________ at _______ a.m./p.m.

Location:

________________

________________

________________

I. SUMMARY OF THE CASE

Cause of Action: First-party and underinsured motorist claims against Defendant 1 Insurance Company of America and Defendant 2 Mutual Insurance Company of the Midwest and a negligence suit against Mr. Defendant (driver) and Mr. Defendant's Companion (owner).

Collision: Ms. Plaintiff was a passenger in Ms. Plaintiff’s Companion’s vehicle, which was stopped on _________ Street waiting for a pedestrian to cross in order to make a right-hand turn onto ____________ Street. Suddenly, Ms. Plaintiff’s Companion’s vehicle was violently rear-ended by Defendant, Mr. Defendant.

Date of Occurrence: [date]

Plaintiff: Ms. Plaintiff, age 33, is a talented and accomplished artist. As a result of the injuries she sustained in the collision, she is unable to continue her artistic career the same way she did prior to the collision.

Defendants: Defendant 1 Insurance Company of America (PIP and UIM)

Defendant 2 Mutual Insurance Company (PIP and UIM)

Mr. Defendant (negligent driver/owner)

Objective Evidence:

MRI of the cervical spine ([date]):

• Disc bulge at C4-5

• Straightening of the normal cervical lordosis, secondary to positioning or muscle spasm

MRI of the brain ([date]):

• 3 T2 and FLAIR hyperintense foci in the deep and subcortical white matter which are non-specific and may represent post traumatic change

MRI of the lumbar spine ([date]):

• Disc bulge at L2-3

Changes in Life

Course: As a direct result of the injuries sustained in this collision, Ms. Plaintiff is unable to, or has extreme difficulty with, the following activities:

• Creating artwork

• Kayaking

• Hiking

• Traveling

• Kiting

• Playing with her dog

• Camping

• Intimate relations with her husband

• Sleeping throughout the night

• Attending celebrations for family and friends

• Performing household chores

• Sudden movements

• Standing for long periods of time

• And many, many other activities

Outstanding No-Fault

Benefits: Medical Bills $12,512.35

Replacement Services $ 3,380.00

Medical Miles $ 120.06

Subtotal $16,012.41

Interest $ 1,921.49

Attorney Fees $ 5,918.19

Total $23,852.09

BI Policy Limits: $250,000.00 (Mr. Defendant’s)

UIM Policy Limits: $500,000.00 (Defendant 1 Insurance Company of America)

$100,000.00 (Defendant 2 Mutual Insurance Company)

II. STATEMENT OF FACTS

This First Party and Underinsured Motorist claim arises out of a motor vehicle accident that occurred on [date]. On the date of the crash, Plaintiff, Ms. Plaintiff, was a passenger in Ms. Plaintiff’s Companion’s vehicle. Ms. Plaintiff’s Companion’s vehicle was stopped on _________ Street waiting for a pedestrian to cross in order to make a right-hand turn onto _________ Street. Suddenly, Ms. Plaintiff’s Companion’s vehicle was violently rear-ended by Defendant, Mr. Defendant. The police issued the Defendant a citation for failure to stop in assured clear distance. Both Ms. Plaintiff’s Companion and Ms. Plaintiff complained of “C”- type or visible injuries at the time of the collision.

Liability in this case is clear. Ms. Plaintiff was an innocent passenger in a vehicle that was rear-ended by Defendant. His negligence in failing to stop in assured clear distance resulted in Ms. Plaintiff’s injuries.

III. COVERAGE DISPUTE

Priority in this case continues to be an issue. Ms. Plaintiff was living alone in an apartment in ____________ just prior to the collision. Her lease extended from [date] to [date]; however, Stephanie prematurely moved out on [date]. At this time, she went to live with her parents in ____________.

On [date], the date of the collision, Ms. Plaintiff was living with her parents, whose automobile insurance was through Defendant 1 Insurance Company. Stephanie did not have automobile insurance at the time of the collision. Defendant 1 Insurance Company filed a cross-claim against Ms. Plaintiff’s Companion’s insurance company, Defendant 2...