On April 15, 2022 (11 months ago) at about 9:00 pm Bruce Wayne, age 47, was waiting in the left-hand lane of a busy road for traffic to clear to allow him to make a left turn into a side street. He was driving a 2021 Lexus GS F. The intersection was not controlled by a traffic light.

Suddenly, he heard screeching brakes and felt what seemed like an explosion, pushing him across the intersection at high speed until his car rammed into a curb, flipped over, and ended up on the boulevard upside-down.

Bruce had been hit from behind by a truck driven by your insured Jack Napier, a hoodlum on his way to a house party with his friends. Jack was driving a 2022 Ford F350 4x4 Diesel pickup truck. Jack had been staring at some road scenery while enjoying his new Queen "Greatest Hits" CD set at full volume when he lost control of his father's truck, which he had borrowed several times in the past without his father's permission. Jack was charged with careless driving.Jack's father is mad at him for using his truck.

Bruce's injuries are apparently ongoing. He was unconscious for several minutes as a result of the collision. He had minor contusions and abrasions mainly from the lap and shoulder belt he was wearing. He had a fractured right patella (kneecap) which has healed, but continues to give him occasional discomfort. His most serious injuries relate to the neck and lumbar (lower) spine. His lumbar pain has now subsided although it persisted for 12 months. His cervical (neck) pain, which concentrates on his right side, is chronic and continues.

Bruce was informed by his insurance broker that he needs to make a claim for his insurance coverage immediately or else he will lose it since it is almost 12 months after the accident. His insurer has paid Bruce $80,000 for the damage to his car - they totaled the car - and retained the salvage. Bruce received $80,000 from the insurer and salvage was worth $20,000. Storage charges total $15,000.

Bruce has been working for several years as a night supervisor at a large transit garage making $100,000 per year. He was off work for nine months as a result of the collision. He worked part time until gradually returning to full time work after 3 months. His work requires him to be on his feet for several hours at a time. He has difficulty doing this without experiencing sharp pain in his neck and arm.

There are a number of medical reports, including those of:

• Dr. Kildare, Bruce's General Physician, who says his patient remains "severely though partially disabled" as a result of the collision.
• Dr. Frankenstein, the orthopedic specialist, says Bruce's injuries are non-specific, hard to give a prognosis for, and may result in chronic symptoms that will eventually subside. He expects a substantial improvement in Bruce's condition once the litigation is concluded.
• Dr. Xavier, a neurologist, says that Bruce's continuing disability is consistent with the severity of the collision but warns that injuries of this type often lack the support of direct clinical evidence.

Bruce wants justice. He remembers regaining consciousness and hearing a paramedic calling for a "body bag". He can't believe Jack will get a mere traffic conviction and his father will lose his safe driving discount with his insurer. He says in his victim impact statement "that little bad-guy nearly killed me, I'll never be the same again!!"

There is a demand letter from Bruce's counsel (lawyers) to your employer asking for $300,000 for pain and suffering, $100,000 for lost wages, and another $1,000,000 for long-term costs and general damages. They insist Bruce is now an "emotionally disfigured shell of the robust man he was, cut down in his prime by the act of a snot-nosed punk."

Your insured is Jack Napier and he was driving a 2018 Ford F350 4x4 worth about $80,000 when brand new, he had 70,000 km on the truck before the accident. The vehicle is at the auto body shop because Jack was hoping to do other work to his truck that included the repair and customization - that is why it has not been repaired, yet. The cost to repair the truck is only $10,000 and it is drivable. It was driven to the body shop yesterday. The truck has a $1,000 deductible.

For this case your job is toPLAN your investigation, evaluation (including what you think will be paid immediately and paid later after further investigation) and list the twenty most important questions, in order of importance, for the investigation and evaluation. You do not need to negotiate or settle the claim at this time, simply plan your approach. Outline in a point form document what your plan of attack is to manage this claim. Remember you aredefending Jack Napier.

• What you need to investigate and what you need to evaluate (car and body)?
• Who will you talk to and why?
• Is there conflicting information in this case, if so explain.
• There will be critical questions that you want to ask - what are they? You don't need to list demographic questions (name, address, date of birth, drivers license #)