HomeMy WebLinkAboutClaimantBarbara Meyer Demand_5.16.251801 Century Park E, Ste 2400, Los Angeles, CA 90067
T: 213.348.9586 F: 858.290.1329
contact@klawpc.com www.KLawPC.com
Jonathan D. Kintzele D:
858.833.5663
jkintzele@klawpc.com
May 16, 2025
Re: Our Client: Barbara Meyer
Date of Loss: 11/28/2024
Your Insured: The City of Palm Desert
Property: 73-470 El Paseo Blvd, Palm Desert, CA 92260
AKA The Gardens on El Paseo
To whom it may concern:
This office represents Barbara Meyer in connection with a slip-and-fall accident that occurred on November
28, 2024, in front of the Restoration Hardware store located in Palm Desert, California.
DISCLAIMER
This letter addresses the liability of the defendant-parties and Ms. Meyer’s claim for damages. While returning
from a nearby coffee shop, Ms. Meyer encountered an unmarked step with a 4–5 inch drop, which lacked
traction, reflective markings, or warning signs. The angle of the sunlight further impaired her ability to perceive
the hazard, resulting in a fall that caused severe injuries. The step in questions had previously been equipped
with two hand-railings, a side bench, and reflective white paint on the singular step to make it more visible,
during the time the former tenant Lululemon, occupied the same space in 2021. These safety demarcations
were removed sometime during or after the transition to the current tenant. This letter serves as formal notice
of our intent to seek compensation for the damages incurred by Ms. Meyer as a result of this negligence.
The City of Palm Desert’s liability is clearly demonstrated by the facts set forth in this package and has since
been confirmed by your office. Therefore under a legal obligation to effectuate a settlement at or near the figure
set forth above, within a reasonable period of time.
If you disagree with the evaluation of this claim as set forth herein, it is obligated by law to respond within a
reasonable period of time by providing to us a written statement of its analysis and evaluation of this claim,
together with its payment of the sum supported by its own evaluation. For the purpose of this demand, thirty
(30)days shall be reasonable time to respond subject to the provisions of California Code of Civil Procedure
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Section 999 et seq. which provides for thirty (30) days calendar days as reasonable time for you to provide a
response after receipt proof of demand. Thereafter, no further settlement negotiations will be initiated by
claimant, and claimant will initiate legal action against the insurance carrier and the insured under the
provisions of the California Insurance Code, Statutory, Regulatory and case law, in an action for compensatory,
general damages, special damages, pain and suffering and any other appropriate remedy in a court of
appropriate jurisdiction.
We trust that you will give this matter the attention it deserves and look forward to your prompt response.
Please direct all correspondence regarding this claim to our office.
“THE INCIDENT”
Vs.
Appendix A(1) (Source: Client) Appendix A(2), Source:
Google Maps Street View 2021
On the morning of November 28, 2024, Ms. Meyer suffered a severe and preventable fall due to an unmarked
and hazardous step located in front of the Restoration Hardware store at 73-470 El Paseo Blvd, Palm Desert,
California.
At the time, the store was undergoing renovations, yet no safety measures, such as traction, reflective markings,
or warning signs, were implemented to mitigate the danger. While walking with her husband, Ms. Meyer
encountered the unexpected and unmarked drop, lost her balance, and fell. Her husband had stumbled on the
same step and was able to catch his own fall but was unable to warn her in time to prevent her heavy face-plant
into the ground, shattering her teeth and concussing her for the day.
At the scene, an off-duty EMT advised her to seek immediate medical attention, but she initially declined. A
second EMT later called for an ambulance, which she also declined, further underscoring the urgency of the
situation.
Ms. Meyer sustained significant facial lacerations, permanent dental trauma leading to the permanent loss of at
least four teeth, and ongoing oral complications, including a persistent abscess. These injuries have had a
profound impact on her personal and professional life, including her speech, confidence, and ability to work.
Ms. Meyer missed weeks of work and experienced reduced capacity for an additional set of several weeks. She
still avoids face-to-face client meetings, and has suffered negative self-image consequences, especially as to
her professional image, well-being, and overall standing with her employer.
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Our expert will testify that the inclusion of demarcation points such as railings, seating areas, and reflective
white paint, (which were present in 2021, see Appendix A(1) versus A(2), above), would have been actions
Defendants had available to reduce the dangerous tripping hazard presented by the single step elevation. That
there was nothing whatsoever demarcating the step, as was the case when Ms. Meyer fell, our expert will be
prepared to testify that this constituted a significant deviation from the industry safety norms and contributed
to the hazardous condition to be an act of negligence.
The City of Palm Desert’s liability is established by the facts and evidence enclosed in this package. Case law,
including Rowland v. Christian, 69 Cal. 2d 108 (1968), emphasizes the duty of care owed by property owners
to prevent foreseeable harm. Additionally, Kahn v. East Side Union High School District, 31 Cal. 4th 990
(2003), highlights the importance of addressing known hazards to avoid liability. The failure to mark the step,
provide warnings, or take corrective action constitutes a breach of this duty.
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The injuries to Ms. Meyer included permanent dental damage necessitating veneer replacements, significant
facial lacerations, and an ongoing abscess that has persisted despite multiple medical treatments. The hazard
was foreseeable and preventable. This is no better evidenced than by the prior state of the exact same single
stair elevation, in 2021:
The failure to implement basic safety measures, or worse yet, the decision to remove proper safety
demarcations, directly contributed to Ms. Meyer’s injuries. Thus, insured is liable for the harm suffered.
LIABILITY
The City of Palm Desert had a clear and unequivocal legal duty to maintain public areas within city limits in a
reasonably safe condition for customers and visitors. This duty extended to ensuring that walkways, entrances,
and steps were free of hazardous conditions or properly marked to warn pedestrians. The City of Palm Desert’s
failure to take appropriate precautions, provide adequate warnings, or remedy the hazard constitutes actionable
negligence under both common law principles and California statutory requirements.
Specifically, The City of Palm Desert’s conduct violated California Civil Code § 1714(a), which mandates
that property owners and businesses exercise ordinary care to maintain safe premises and warn of known
hazards. By failing to mark or provide adequate signage for the 4–5 inch unmarked step, despite the clear
foreseeability of harm, the property owners breached their legal duty of care. This breach is further supported
by Rowland v. Christian, 69 Cal. 2d 108 (1968), which underscores the duty of property owners to prevent
foreseeable harm, and Kahn v. East Side Union High School District, 31 Cal. 4th 990 (2003), which
highlights the importance of addressing known hazards to avoid liability, see Appendix 1.
Further Breaches of Duty include:
1. Failure to Maintain Safe Premises
The step lacked traction, reflective tape, or warning signs, creating a hazardous condition that posed
a foreseeable and unreasonable risk to pedestrians. The City of Palm Desert’s failure to implement
these basic safety measures demonstrates a clear deviation from industry standards and reasonable
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care.
2. Failure to Warn
No visible warnings or signage were present to alert visitors to the sudden and dangerous drop,
despite the presence of a properly marked step across the street that adhered to industry- standard
precautions. This omission constitutes a failure to meet the duty to warn of known hazards, as
required under California Civil Code § 1714(a).
3. Failure to Remedy the Hazard
The event manager acknowledged awareness of the issue and assured Ms. Meyer that the property
owner would address the hazard. However, no corrective actions were taken before or after Ms.
Meyer’s fall, demonstrating a reckless disregard for safety. This inaction is particularly egregious
given the foreseeability of harm and the ease with which the hazard could have been remedied.
4. Negligent Maintenance and Oversight
The property was under renovation, which heightened the duty to inspect and correct
hazards. Renovations inherently increase risks to pedestrians, requiring enhanced safety measures to
mitigate foreseeable dangers. Simon Property Groups’ failure to take reasonable steps to prevent
harm, such as marking the step or installing temporary safety measures, constitutes gross negligence.
This is further supported by Baldwin v. State of California, 11 Cal. 3d 119 (1974), which emphasizes
the duty of care in maintaining public safety during construction or renovation activities.
The City of Palm Desert’s failure to maintain safe premises, warn of known hazards, and remedy a dangerous
condition directly caused Ms. Meyer’s injuries. Their gross negligence and breach of statutory and common
law duties are well-documented and supported by California Civil Code § 1714(a) and relevant case law. These
failures demonstrate a reckless disregard for the safety of visitors, warranting liability for the injuries sustained
by Ms. Meyer.
The expert we will be retaining is a Licensed General Contractor with multiple certifications, including
Certified Professional Construction Estimator, Certified California Building Inspector, and Certified Fire &
Smoke Damage Consultant. With over 35 years of experience in the construction industry, he has investigated
more than 4,500 construction-related dispute cases and has testified in trials, arbitrations, depositions, and
mediations. His expertise spans construction defects, premises liability, and safety analysis, among other areas.
He will testify regarding the lack of safety markings on the step in question, the failure to meet basic safety
standards, and the deviation from industry norms. Additionally, he will address premises liability issues,
including trip and fall hazards, and provide an analysis of the property condition assessments and safety
measures that should have been implemented. Despite assurances from the event manager that the property
owner would follow up, no corrective action or communication was made.
HARM CAUSED TO MS. MEYER
As a direct and foreseeable consequence of The City of Palm Desert’s negligence, Ms. Meyer suffered substantial
and ongoing harm, including:
1. Physical Injuries
Ms. Meyer has experienced severe psychological and emotional distress, including significant
anxiety, loss of self-confidence, and ongoing psychological trauma. The permanent loss of her natural
smile has profoundly impacted her personal relationships, professional interactions, and overall
quality of life. She has struggled with feelings of embarrassment and self-consciousness, which have
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led to social withdrawal and diminished professional engagement. These effects have been
compounded by the visible and lasting nature of her injuries, which serve as a constant reminder of
the trauma she endured. The City of Palm Desert’s failure to maintain safe premises directly caused
these injuries, in violation of California Civil Code § 1714(a), which imposes a duty of care on
property owners to prevent foreseeable harm.
2. Emotional Distress
Ms. Meyer has experienced severe psychological and emotional distress, including significant
anxiety, loss of self-confidence, and ongoing psychological trauma. The permanent loss of her natural
smile has profoundly impacted her personal relationships and professional interactions.
Under California Civil Code § 3333, which allows recovery for non-economic damages resulting from
negligence, Ms. Meyer is entitled to compensation for the emotional and psychological harm caused
by the property owners’ actions and/or lack of action.
3. Financial Damages
Ms. Meyer has incurred over $12,000 in dental bills and continues to face ongoing medical
expenses related to her injuries. Furthermore, she suffered lost income due to her inability to work for
three weeks, followed by reduced work capacity for an additional three weeks. These financial losses
are a direct result of the property owner’s negligence and are recoverable under California law, which
permits compensation for both economic and non-economic damages.
4. Loss of Quality of Life
As a high-performing medical sales professional, Ms. Meyer’s ability to engage in face-to-face client
meetings has been severely impacted since the incident, preventing her from maintaining the strong
professional relationships and high standard of performance that defined her career. Her role, which
relies heavily on personal interactions, confidence, and effective communication, has been
significantly disrupted. This has not only diminished her professional capacity but has also eroded
her self-confidence, further compounding the harm caused by the property owners’ negligence.
The injuries sustained, including permanent dental trauma and ongoing oral complications, have
profoundly affected her professional image and ability to perform essential job functions. The
permanent loss of her natural smile a key element of her professional presence has caused her to avoid
in-person meetings, presentations, and networking opportunities, directly impacting her earning
potential and career trajectory. Ms. Meyer’s will never have her real teeth again, they have been
shaved down and replaced with veneers and will need replacement every 10 -15 years for the rest of
her life. The psychological toll of these injuries, including anxiety and diminished self-esteem, has
further exacerbated her professional and personal challenges.
The impact on Ms. Meyer’s quality of life is substantial. Routine activities such as speaking, eating,
and smiling, once effortless, are now sources of discomfort and distress. Her altered appearance and
speech difficulties have led to social withdrawal and professional hesitation, fundamentally altering
her day-to-day reality. These profound changes warrant full compensation under California Civil
Code § 1714(a) and related case law, including Rowland v. Christian, 69 Cal. 2d 108 (1968), which
underscores the duty of care owed by property owners to prevent foreseeable harm.
Below is an image of Ms. Meyer shortly before the incident. She has spent her life taking delicate
care of her natural teeth and maintaining and perfecting an immaculate smile and professional
presence, underscoring the significant loss she has endured. Ms. Meyer’s appearance was not only a
source of personal pride but also a critical component of her professional identity. Her self-esteem is
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integral to her occupation as a salesperson. She took exceptional care of her appearance, beyond that
of an ordinary person.
She invested significant time and resources into maintaining her image. The injuries she sustained have not
only caused physical and emotional pain but have also irreparably altered her ability to project the professional
presence that has always been a hallmark of her identity. These changes to her lifestyle and inability to operate
within her occupation in the same manner as before the incident, justify the compensation sought.
Liability for the insured should be undisputed, given the overwhelming evidence of the negligence of the
insured, who either allowed to exist or caused to exist the hazardous conditions on the premises. Ms. Meyer is
entitled to full compensation for her physical, emotional, and financial damages, as well as the loss of quality
of life, under California law and applicable legal precedents.
NO BASIS FOR COMPARATIVE NEGLIGENCE
The City of Palm Desert bears the primary, if not exclusive, responsibility for the hazardous condition that caused
Ms. Meyer’s injuries. Under California’s “pure comparative negligence” system, codified in California Civil
Code § 1714(a), a plaintiff’s recovery may be reduced in proportion to their percentage of fault.
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Here, there are no facts known to this office that could support a conclusion that Ms. Meyer acted in any way
that would impinge on holding the responsible party or parties fully liable for her injuries. While the property
owner and the tenant of the storefront may share, in some varying degree, control over the location of the
hazardous condition, Meyer cannot be said to have failed to meet her duty of care, and the defendants would
be jointly and severally liable, were this to proceed to an action.
California Civil Code § 1714(a) establishes a general duty of care, requiring property owners to maintain their
premises in a reasonably safe condition and to take reasonable steps to prevent foreseeable harm. Putting who
is responsible for the changes to the step aside, the failure to address the unmarked step, standing alone,
constitutes a clear breach of this duty.
MEDICAL TREATMENT AND DAMAGES
Summary of Injuries
Below is a comprehensive summary from Center for Dermatology PC Scottsdale of injuries sustained by Ms.
Meyer as a direct and proximate result of the November 28, 2024, slip-and-fall incident at El Paseo Shopping
Center. This table includes diagnoses documented during her medical evaluations, alongside their
corresponding ICD codes:
Injury / Diagnosis ICD Code
Facial damages/lacerations S01.81XA
Fracture of tooth (traumatic), initial encounter S02.5XXA
Hypertrophic Scar on the right upper cutaneous lip L91.0
Persistent oral abscess K04.7
As a direct and foreseeable consequence of the insured’ negligence, Ms. Meyer also suffers ongoing
challenges and harm arising from the injuries, including Persistent pain, speech difficulties, emotional
distress, and anxiety, all of which, continue to affect her day-to-day independence, professional performance,
and overall well-being.
Medical Treatment
Center for Dermatology PC Scottsdale
Treatment Dates February 13, 2025
Summary Ms. Meyer’s immediately suffered facial injuries included lacerations and
a permanent hypertrophic scar. Due to the long-term impact of the injury,
she sought treatment at Center for Dermatology PC Scottsdale to address
the nature and longevity of the facial scarring. Treatment included
intralesional Kenalog injections and recommendations for ongoing scar
management therapies.
Treatment Administered
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• Intralesional Kenalog injection for scar reduction.
• Counseling on scar management, including skin care techniques
to minimize long-term effects.
Discharge & Recommendations
Barbara was advised that further treatment may be necessary to reduce the
presentation of the scar on her face. The dermatologist recommended the
following treatment options:
• Additional intralesional steroid injections
• Topical high-potency steroids
• Pulse dye laser therapy
• Silicone gel and silicone sheets (Silagen scar gel)
• Microneedling
• Additional pulsed dye laser treatments for vascular/purpuric
areas
Harris Dental Care
Treatment Dates December 7, 2024 – February 24, 2025
Summary Ms. Meyer’s dental injuries included permanent loss of her teeth. The
extent of the injuries included fractures, structural compromise, and
significant aesthetic damage necessitating prompt and comprehensive
dental intervention to restore both functionality and the appearance of the
teeth. The damage has caused functional Impairment, risk of further
complications, pain and sensitivity.
Treatment Administered
• Porcelain veneers/crowns, to repair the structural damage and
restore the teeth’s natural function and appearance.
• Ongoing monitoring and follow-up care to ensure long-term
success and stability.
Discharge & Recommendations
Barbara was advised that further treatment will be required every 10 years
for the rest of her life to maintain the porcelain veneers. The dentist
recommended the following treatment options:
• Veneer Replacement
Past Medical Expenses
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Provider Dates of Service Amount Charged
Center for Dermatology PC Scottsdale 02/13/2025 TBD
Harris Dental Care 12/07/2024 – 02/24/2025 $15,000.00
Total $15,000.00
Future Care and Damages
Medical Necessity for Future Care
Ms. Meyer’s dental trauma and complications require continued intervention beyond her initial veneer
replacements, as her persistent abscess and potential nerve damage continue to affect her speech and quality of
life. Given this context, her future medical care will need to include:
1. Additional Dental Procedures
Ms. Meyer will require ongoing dental treatments to manage her persistent oral complications,
including:
• Follow-up veneer regular maintenance and replacements every 10 years to ensure proper
functionality and aesthetics.
• Abscess treatment to address infection and prevent further oral health deterioration.
• Potential reconstructive dental work to restore structural integrity and alleviate nerve
sensitivity. These procedures are critical to her recovery and are supported by California Civil
Code § 1714(a), which imposes a duty of care to prevent foreseeable harm, including the
need for future medical care resulting from negligence.
2. Ongoing Oral Surgery and Specialist Consultations
Ms. Meyer will need regular consultations with oral surgeons and dental specialists to monitor and
address long-term dental and gum health concerns. These consultations will ensure that her veneers
function properly and that any complications are promptly treated. The necessity of such care is
consistent with California Civil Code § 3333, which allows recovery for future medical expenses
directly resulting from negligence.
3. Speech Therapy and Functional Rehabilitation
To aid in her recovery from speech impairment caused by dental trauma and prolonged oral
complications, Ms. Meyer will require speech therapy and functional rehabilitation. These therapies
are essential to restore her ability to communicate effectively, particularly given her reliance on verbal
communication in her professional medical sales role.
4. Prescription Medications
Ms. Meyer will require prescription medications for:
• Infection control to manage her persistent abscess.
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• Pain relief to address chronic discomfort.
• Inflammation management to reduce swelling and promote healing.
These medications are a foreseeable and necessary expense resulting from the property
owners’ negligence.
Based on these anticipated needs of having to replace her porcelain veneers every 10-years, a reasonable 40-
year projection of Barbara Meyer’s future medical costs includes:
Treatment
Future Medical Expenses
10 Years No./40
Years
Cost Per
Total
Dental Follow-ups & Adjustments 1 1 $15,000.00 $45,000.00
Oral Surgery & Abscess Treatment 2 8 $3,000.00 $24,000.00
Speech Therapy Sessions 12 48 $150.00 $7,200.00
Prescription Medications (Pain &
Infection) 4 16 $100.00 $1,600.00
Total $77,800.00
Lost Wages & Diminished Future Earning Power
As a result of her November 28, 2024, trip-and-fall accident, Barbara Meyer has suffered significant and
ongoing limitations in her ability to perform her professional responsibilities. Her injuries
including permanent dental trauma, speech impairment, and chronic oral complications have directly
impacted her ability to engage in face-to-face medical sales interactions, deliver presentations, and participate
in networking opportunities, resulting in substantial and measurable financial losses.
The following calculation is based on key factors:
1. Pre-Injury Earnings
Prior to the accident, Ms. Meyer was employed as a high-performing medical sales representative,
earning approximately $60,000 per year. Her role required frequent in-person meetings, client
presentations, and a high level of professional engagement. Success in her position depended
heavily on her ability to communicate effectively, project confidence, and build strong client
relationships. These essential skills were directly impacted by her injuries, which have significantly
impaired her ability to perform at her pre-injury level.
2. Initial Work Impairment
Due to severe pain, recovery from her injuries, and difficulty speaking, Ms. Meyer was completely
unable to work for three weeks. Following this period, she returned to work at half capacity for an
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additional three weeks, during which her productivity and ability to earn commissions were
significantly reduced. This initial impairment resulted in immediate financial losses and disrupted
her ability to maintain her professional momentum, further compounding the economic impact of
her injuries.
3. Continued Professional Limitations
Ms. Meyer refrained from face-to-face client interactions for several additional weeks due to
her altered appearance, speech difficulties, and diminished confidence. This limitation directly
affected her ability to close deals, earn commissions, and maintain critical professional
relationships. In a medical sales-driven role, where personal interactions and confidence are
paramount, these limitations have had a direct and negative impact on her earnings and long-term
career prospects. The property owners’ negligence has caused lasting harm to her professional
standing, which is recoverable under California Civil Code § 3333, allowing for compensation for
economic losses caused by negligence.
4. Diminished Future Earning Power
The permanent loss of her natural smile, ongoing oral complications, and potential need for future
dental treatments introduce a long-term professional disadvantage. Ms. Meyer’s initially suffered a
$94,6565.12 loss due to not being in the field in December 2024, which is reflected in her
2024/2023 W2 records. In high-visibility medical sales roles, personal confidence, appearance, and
effective communication are critical to success. Ms. Meyer’s injuries have eroded her ability to
confidently engage with clients, which is likely to result in a reduction in annual earnings over the
next several years. This diminished earning capacity is recoverable under California Civil Code §
1714(a) and supported by case law such as Rowland v. Christian, 69 Cal. 2d 108 (1968), which
emphasizes the duty of care owed by property owners to prevent foreseeable harm.
Pain & Suffering, Emotional Distress, and Loss of Quality of Life
Barbara Meyer has endured profound physical pain, emotional distress, and a significantly diminished quality
of life as a direct and foreseeable consequence of her November 28, 2024, trip-and-fall accident. The loss of
her four teeth, chronic oral pain, and ongoing complications from a persistent abscess have resulted
in unending physical discomfort, a potentially permanent speech impairment, and related emotional and
psychological consequences. Despite undergoing multiple medical procedures, she continues to
suffer persistent pain, anxiety, and a reduced ability to function normally in both her personal and
professional life.
Pain and Suffering
Barbara experiences chronic pain, nerve sensitivity, and ongoing complications stemming from her severe
dental trauma. The loss of her natural teeth and the need for extensive dental interventions have
caused persistent speech difficulties, eating discomfort, and residual nerve pain. Her inability to fully heal
from the abscess, despite multiple treatments, continues to cause significant physical distress,
necessitating future medical intervention.
The prolonged medical treatments and uncertainty about future procedures have only compounded her
suffering. Routine activities such as speaking, eating, and smiling once effortless are now sources of
discomfort, frustration, and anxiety. The lasting physical consequences of her injuries have caused her to
endure a level of pain and suffering that is both substantial and ongoing, warranting significant compensation
under California Civil Code § 3333, which allows recovery for non-economic damages caused by negligence.
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Emotional Distress
The permanent loss of her natural smile and difficulty speaking fluently have led to self-consciousness,
anxiety, and diminished confidence in both professional and social settings. These emotional injuries are
particularly devastating given her reliance on verbal communication and personal presentation in her medical
sales career.
Her distress is further exacerbated by:
1. Anxiety about long-term dental health and the possibility of future procedures, which creates a
constant sense of uncertainty.
2. Embarrassment in social and professional environments due to her altered appearance and speech
impairment.
3. Fear of being unable to perform at the same level in her medical sales career, which depends heavily
on verbal communication, confidence, and personal presentation.
The psychological burden of permanently altered physical features is immense, particularly in a profession
where appearance, articulation, and confidence are integral to success. The emotional distress stemming from
these injuries is substantial, enduring, and recoverable under California Civil Code § 3333.
Loss of Quality of Life
Barbara’s injuries have profoundly impacted her ability to live as she once did, affecting both her
professional performance and personal interactions.
1. She has avoided face-to-face client meetings, fearing that her speech impairment and altered smile
would negatively impact her credibility and earning potential.
2. She has withdrawn from social situations, hesitant to smile or engage in conversation due to ongoing
discomfort and self-consciousness.
3. Basic activities such as eating, speaking, and presenting now require effort and cause distress, reducing
her overall enjoyment of life.
These limitations have fundamentally changed her personal and professional reality, and the emotional
burden of knowing that her injuries are permanent adds further distress.
Barbara has suffered persistent oral pain, speech impairment, difficulty eating, and ongoing emotional distress
as a result of her permanent dental trauma and prolonged medical complications. She has undergone
multiple dental procedures, infection treatments, and speech therapy, yet her symptoms persist, necessitating
continued medical intervention and additional corrective procedures.
This analysis underscores the severity and enduring nature of Barbara’s injuries, providing a clear and equitable
basis for the damages sought.
Pain & Suffering, Emotional Distress, and Loss of Quality of Life
Pain & Suffering $130,000.00
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Emotional Distress $130,000.00
Loss of Quality of Life $130,000.00
Total Pain & Suffering $390,000.00
In light of the analysis above, we assert that $390,000.00 represents a fair, reasonable, and equitable amount to
compensate Ms. Meyer for her initial and ongoing pain and suffering. This valuation reflects the severity of her
injuries, the prolonged medical treatments she has endured, and the lasting physical and emotional toll on her
quality of life. It ensures that the impact of her permanent injuries is adequately addressed, providing just
compensation for the hardships she has faced and will continue to endure.
Total Damages
Economic Damages
Past Medical Expenses $15,000.00
Future Medical Expenses $77,800.00
Lost Wages & Diminished Earning Capacity $94,656.12
Non-Economic Damages
Pain & Suffering, Emotional Distress, and Loss of Quality of Life $390,000.00
Total Damages $577,456.12
SETTLEMENT DEMAND
On behalf of Barbara Meyer, we hereby demand POLICY LIMITS to settle his bodily injury claim.
Kindly acknowledge receipt of this letter to the undersigned via email, mail, and/or facsimile.
Should you need any further information or documentation, please do not hesitate to contact this
office. We thank you ahead of time for your professional courtesy and prompt attention to this matter and look
forward to hearing from you soon.
This letter serves as a formal opportunity to resolve this matter amicably before the initiation of litigation. If
no response is received by June 16, 2025, we will proceed with filing a complaint and seeking full
compensatory damages, punitive damages, prejudgment interest, and attorney’s fees. Ms. Meyer remains
willing to explore resolution at this stage but is fully prepared to pursue full recovery through litigation if
necessary.
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You are required to provide this Letter to all persons, agents, insurance carriers, and all other relevant
parties.
To accelerate the settlement of this matter, please contact our Settlement Case Manager, Alyssa
Silva, at extension 106 for further negotiations.
Sincerely,
KINTZELE LAW GROUP, P.C.
Jonathan D. Kintzele, Esq.
Attorney for Barbara Meyer