Dear Rosa,

You asked: Did we win, and do I still have to go to the defense doctor? Here is where things stand.

**What the court decided.** On August 20, the court ruled that the van driver was negligent and that his negligence caused the collision. The defense cannot argue that you caused the accident. That is an important win. But it is not the whole case. The court did not decide whether your later shoulder surgery was caused by the collision, and it did not decide the amount of all damages. Those issues remain for the jury. You still must prove that the disputed surgery and any other claimed treatment, lost wages, or pain and suffering were caused by the collision. The defense is not currently disputing $145,000 of your medical bills and lost wages, but the surgery adds $120,000 plus disputed pain and future limitations.

**Settlement offer.** The defense made a formal settlement offer of $210,000. It expires September 18. If you reject it and later obtain a judgment of $210,000 or less, you may have to pay the defense’s post-offer taxable costs. We estimate those costs at $18,000 to $35,000. The offer does not make you responsible for the defense’s attorney fees. If the judgment is more than $210,000, this cost-shifting rule would not apply.

**Deadlines and exams.** Your prior shoulder-treatment records must be produced by August 28. You have not yet signed the provider authorization. Please sign and return it immediately so we can meet that deadline; otherwise the court may exclude those records. You must attend the independent medical examination on September 10 at 9:00 a.m. Yes, you still have to go to the defense doctor. We can raise scope or scheduling concerns with the court, but you must appear and cooperate.

**September 12 and 15.** Your treating surgeon’s causation report will be ready September 12. We will meet September 15 to review it and decide how to respond to the $210,000 offer before it expires. This report is important because the main remaining fight is whether the surgery was caused by the collision.

**Social media.** Do not delete, alter, or “clean up” any posts, messages, photographs, or social-media content, including your recovery photos. You must preserve all of it. Do not post anything new about the accident, your health, or the case.

**Court dates.** Pretrial conference: October 1. Trial: October 19.

Please call us with questions. We will keep working hard for you, and I will not promise a particular outcome.

Sincerely,  
[Your Name]