In Car Accidents, Vehicle Wrecks

Wes Suffered Serious Low Back Injuries in a Crash With an Underinsured Driver

On April 5, 2016, Crosley Law Firm’s client, Daniel Wes Irwin, suffered injuries in a motor vehicle crash caused by an underinsured driver. The driver only had the minimum insurance coverage required by Texas state law: $30,000. Unfortunately, Wes injured his low back in the crash, and the costs for his medical treatment alone totaled $53,280.34.

During the wreck, Wes suffered a herniated disk in his low back, which continues to give him pain to this day. Wes’ injuries also still prevent him from doing things he used to enjoy, such as working out, riding his bicycle, and being sociable. Wes says he doesn’t feel like himself anymore due to the pain he continues to experience.

To address the injuries and pain he suffered because of the crash, Wes underwent several medical procedures, including epidural steroid injections, facet joint injections, and radiofrequency nerve ablations in his low back. These procedures were intended to alleviate the nerve pain caused by the herniated disk in Wes’s lumbar spine.

Crosley Law Firm Fought for Wes and Won

Crosley Law secured a settlement with the other driver for the insurance coverage limit of $30,000. We also made a claim against Wes’ own insurance policy through Allstate. But when Wes needed Allstate to take care of his medical bills, they refused.

Allstate took the position that Wes’s injuries were pre-existing and were related to Wes being over 50 years of age and having a long career as a construction worker. Allstate only offered Wes $1,185, which would not have come close to paying for his remaining medical expenses. So, attorneys Tom Crosley and Amber Winer-Gebhart filed suit against Allstate on Wes’ behalf.

The attorneys and staff at Crosley Law Firm immediately started working on Wes’ case. They gathered detailed evidence, collected medical records, and consulted with Wes’s medical doctors. When Allstate refused to offer a fair settlement, the team at Crosley Law Firm took Allstate to trial. In the end, Tom Crosley and Amber Winer-Gebhart successfully completed the three-day trial and secured a jury verdict of $498,960.34 against Allstate.


“This was a rewarding case,” said Tom Crosley. “Our client is a good guy and was clearly getting the runaround from Allstate. He felt vindicated by the jury’s verdict. Afterward, one of the jurors patted our client on the arm and wished him luck.”


“This was a rewarding case,” said Tom Crosley. “Our client is a good guy and was clearly getting the runaround from Allstate. He felt vindicated by the jury’s verdict. Afterward, one of the jurors patted our client on the arm and wished him luck.”

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

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