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Cutting-Edge Tactics Result in a $16M Jury Award: Jerry M.’s Story

Written by Tom Crosley
Feb 04, 2020 Client Stories
  1. 1. A Wrong-Way Driver Changes Jerry’s Life Forever
  2. 2. The Insurance Covers Jerry’s Physical Injuries, but Refuses to Acknowledge His TBI
  3. 3. Crosley Law Uses Unprecedented, Cutting-Edge Technology to Prove Jerry’s Brain Injury
  4. 4. A Jury Awards Jerry and His Family Over $16 Million for Their Losses
  5. 5. Crosley Law: Helping Victims Get the Compensation They Deserve

Jerry M. survived a horrific accident that could have been fatal. However, he was left with “invisible” injuries that, seemingly, no one could explain. This is the story of a man who desperately needed someone to dig deeper into his case and understand that something was seriously wrong, despite initial test results and outward appearances.

This is also a story of results, of seeking out medical expertise, and of the attorneys at Crosley Law Firm doing everything in their power to get justice for their client.

This is a story of cutting-edge justice.

A Wrong-Way Driver Changes Jerry’s Life Forever

It was after 2:00AM when Jerry M. was driving home after taking his adult son to the hospital emergency room. The last thing Jerry expected as he drove down Loop 1604 was a big rig going the wrong way, headed straight for him. The big rig’s driver was fatigued from driving all week, and he had alcohol in his system. The truck swerved, accelerated, and smashed into Jerry’s pickup. The collision was so violent that it ripped the left front wheel off of Jerry’s vehicle.

A young couple, Heidi and Jeremy, witnessed the violent crash. They pulled over and ran to help. They saw Jerry slumped over the steering wheel, unconscious. Heidi banged on the locked car door, thinking, “He’s dead. He’s dead.”

Remarkably, Jerry came to, and Heidi was able to pull him out of the truck. He was dazed, disoriented, and had suffered severe injuries. First responders rushed him to the hospital for care.

The Insurance Covers Jerry’s Physical Injuries, but Refuses to Acknowledge His TBI

Doctors diagnosed Jerry with a ruptured disc in his neck, injuries in both shoulders, torn cartilage in both wrists, and severe back and neck pain. These injuries were supported by diagnostic tests, like MRIs and CT scans, and hard to dispute. Eventually, the trucker’s insurance company agreed to cover Jerry’s physical injuries, and he got the care he needed, including surgery.

Unfortunately, Jerry had other injuries that were harder to identify. In the months following the crash, Jerry’s family noticed changes in his mood and behavior— significant changes. Jerry, a normally happy, jovial man, became depressed and moody. His memory wasn’t the same, and he struggled to complete even simple tasks.

This deeply affected his twenty-year relationship with his wife, Carla. Instead of an equal partnership, she had to assume the role of a caretaker. Carla had to help Jerry get through each day, reminding him about appointments and offering constant emotional support.

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He also struggled to work as a master plumber. For someone who must manage others, pay attention to details, remember orders, bid on jobs, and take care of many small tasks throughout the day, work was proving almost impossible. Increasingly frustrated, Jerry didn’t know where to turn or what to do. But he knew he needed help. 

Jerry had an undetected mild traumatic brain injury. However, Jerry’s initial MRI had come back as “normal” and the insurance company used this report to deny his TBI claim. The defense attorneys insisted that Jerry sustained only a mild concussion, and that he was fine. 

However, attorney Tom Crosley wouldn’t accept that answer. He wanted to prove that Jerry would need intensive care and may never return to work at the same level. But how to do this for an “invisible” injury? 

Crosley Law Uses Unprecedented, Cutting-Edge Technology to Prove Jerry’s Brain Injury

Over several months, Tom Crosley read more than 70 scientific articles, papers, and abstracts concerning “mild” brain injuries. He needed to understand the science behind what was clear to Jerry, his family, and his friends, but not to the courts. 

This painstaking research led to discussions with dozens of the country’s leading brain specialists. Eventually, we connected with scientists from the University of California in San Diego, who were using a federal research grant to study soldiers who survived blast injuries in Iraq and Afghanistan. 

These researchers were using a magnetoencephalography (MEG) machine to study brain activity. These systems measure the faint magnetic fields created by bundles of nerves in the brain, called neurons. Unlike an MRI or EEG, a MEG can track the brain’s activity from millisecond-to-millisecond and precisely identify functional issues. MEG scanners cost several million dollars, and only a few machines existed at that time, mostly in medical research centers. 

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Researchers agreed to perform a MEG scan on Jerry. The results were undeniable. An adult without a brain injury would maybe have one “slow wave” within a half-hour period. Doctors consider two to three slow waves an “abnormal” result. Jerry’s scan documented 39 bursts of slow waves in 30 minutes — clear-cut evidence of trauma to the brain. His was one of the first cases in the country that used this cutting-edge technology as evidence. 

While working with some of the country’s top scientists, we collected records and evidence from over 40 witnesses and experts, including eyewitnesses who saw the at-fault truck driver drinking in a bar just hours before the crash. We also discovered that the driver had falsified his driver logs and violated Federal Motor Carrier Safety regulations. 

A Jury Awards Jerry and His Family Over $16 Million for Their Losses

When Jerry’s case went to trial, we presented the overwhelming evidence to the jury. After two weeks of trial and, the jury awarded him more than $16 million in damages. Our thorough and cutting-edge investigation led to a victory for Jerry.  

The verdict gave him and his family peace of mind, knowing that their future together wouldn’t be as uncertain as they had feared. Despite the lifelong difficulties Jerry would face due to the crash, he and his family would have the financial means to face whatever is to come. 

Crosley Law: Helping Victims Get the Compensation They Deserve

Have you or a loved one been the victim of a car or truck accident? The attorneys at Crosley Law have experience handling a wide variety of personal injury cases and are willing to go the extra mile whenever needed to resolve a case. Call us at 210-LAW-3000 | 210-529-3000 or complete our online form to speak to an attorney about getting the help you need. 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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