Attorney Kenneth Jenkins

“I sent the demand letter with the language from the DMX report indicating ligament damage in the cervical spine which is consistent with the dynamics of this accident and the insurance company tendered their policy limits, no phone call and no additional discussion, just received a check in the mail. In addition, her UM carrier has now stepped up and has extended an offer. We are in the process of gathering additional records to maximize her recovery.

I use the DMX report to demonstrate to the insurance company that there is ligament damage to cervical spine. The report indicates the kind of impairment rating for these types of damages. This approach, at least for me sets the stage for the negotiations. In addition, I send a copy of the DMX disc to the insurance company which serves two purposes:

1.  Avoids delay because I know the insurance will ask for a copy of the disk to be reviewed by their doctors.
2.  Indicates to the insurance company that I am ready and prepared to move to litigation should that become necessary. It also demonstrates my confidence in my case as I have now provided to the insurance company this key information which they now have to evaluate more seriously than if I had not provided it.