Drafting a Statement of Claim

Boris Francis attends your office and instructs you as follows: "My name is Boris Francis. I am a 34 year old mechanic. I was born on January 6, 1983. I am a father of four children and the husband of one woman. I own my own mechanic shop and I have six employees.

On January 7, 2021, I was driving my Fiesta motor car with registration number 7812M along Main Street when, on reaching the vicinity of the First Holy Baptist Church in the jurisdiction, I stopped in obedience to the traffic light which was showing red in my direction. One vehicle was stationary in front of me. When I checked my rear view mirror I noticed that one vehicle was also stationary behind me. I was listening to my car radio, while waiting for the light to change, when I suddenly felt a huge impact to the rear of my car. The car that was immediately behind me had collided into the rear of my car.

The impact to the rear of my motor car was so significant that my body was thrown forward and then snapped back into position because I was wearing my seatbelt. My head felt light. I came out of the car to see what had taken place. When I exited the car, I realized that a motor truck bearing registration number 1236T and with the logo "Jelly's Market" had collided into the rear of the car that was stationary behind me and that car had collided into the rear of my car. I learnt later that the car that was immediately behind me had registration number 5555Z and was owned and driven by Jasper Thecat of 17 River Road in the jurisdiction.

All of the back of my car was pushed in. I tried to move it out of the roadway to clear the road so other traffic could pass but I was unable to do so. I eventually had to call a wrecker to move my car. I paid the wrecker $4,000. I then took a taxi home. I paid the taxi man $1,000.

Later that night, I started to feel a lot of pain in my back and neck. It got so bad that the next morning I went directly to my General Practitioner, Dr Kirt Jackson. Dr Jackson examined me and eventually prepared a report which is dated March 10, 2021. I paid Dr Jackson $7,000 to prepare the medical report. Dr Jackson treated me with analgesics and muscle relaxants. I went to Dr Jackson on four occasions because after the medication was finished I still felt pain and so I had to go back for more medication. I was absent from work for three weeks because I had a lot of pain. I suspect that because I was absent from work I lost about $750,000. On each occasion that I went to Dr Jackson I paid $3,500. Dr Jackson does not take health insurance so I had to pay up front and then claim back from the insurance company. I did not bother to make the claim back.

On Dr Jackson's instructions, I did an x-ray and an MRI. The x-ray cost $1,500 in total. However, I paid $500 out-of-pocket and $1,000 with my health card. The MRI cost $20,000. The insurance company covered 80% of the cost and I paid the remaining 20%. I did physiotherapy at a cost of $3,000 per session. I had to do 15 sessions. Physiotherapy sessions are not covered by my health insurance. The cost of all my prescriptions amounted to $10,000. In total I paid $4,000 out of pocket for prescriptions and the insurance company paid $6,000. Dr Jackson thought it best that I consult with an Orthopaedic Surgeon. I did so. I met with Dr Leighton Clarke and he examined me and prepared a medical report on my behalf Dated Jun 8, 2021. The cost of the report was $70,000. The cost of the consultation was $5,000 but I only paid $1,500 because the insurance covered $3,500. Based on Dr Jackson's and Dr Clarke's medical reports I was diagnosed with the following injuries: 1. Whiplash injury to neck 2. Back strain 3. Haematoma to forehead 4. 2% Permanently Partially Disabled As I indicated, my car was badly damaged in the accident. I had to pay $5,000 for an assessor's report. The cost to fix my car was $500,000. My excess amounted to $250,000. My car was and still is insured with Great Job Insurance Company Limited. I later learnt that the driver of the motor truck was fined at the Magistrate/Parish Court for the offence of careless driving. Please assist me in recovering my losses". Additional information: Jelly's Market is owned by Barbara Jelly. The market is located at 9 Main Street in the jurisdiction. At the time of the accident, the motor truck was being driven by Casper Deer of 1 Angel Road in the jurisdiction. Casper works at Jelly's Market. Assume that you have all the receipts and medical reports to prove loss. Required: Draft the documents you will need in order to initiate a claim on behalf of Boris