Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Crosley Law Firm Helps Crash Victims Achieve Settlement

A Sudden Collision

Margaret and Ernest O. were traveling on Texas interstate IH-35 through downtown San Antonio. Out of nowhere, their car was struck by a heavy-duty work truck that was attempting to merge onto the freeway from an on-ramp.

The driver of that vehicle was Stephen J., a young man who was employed by an air conditioning contractor. In his official statement, Mr. J. said that he never even saw the other vehicle until after he collided with it. He was obviously distracted or totally unaware of his surroundings, which caused the crash, and the investigating officer also determined that Mr. J.’s faulty evasive action contributed to the collision.

Unfortunately, Mr. J.’s carelessness resulted in much more than a minor fender bender. Margaret and Ernest’s vehicle spun out of control and struck the concrete barrier on the left shoulder of the freeway. Their vehicle came to rest facing the wrong way. Both Margaret and Ernest sustained injuries during the collision that required significant medical treatment and caused a great deal of pain and suffering.

The Car Crash Injuries

Margaret O. suffered from right shoulder pain, low back pain, restricted range of motion in her neck and shoulder, right wrist pain, difficulty lifting even small objects, dizziness, increased anxiety, difficulty lying down and sleeping, and radiating neck pain with headaches, weakness, and tender muscles.

Even with physical therapy and other pain management techniques, Margaret could not find relief from the pain. Her doctors tried cervical epidural steroid injections as well as two sets of trigger point injections in her shoulder area, none of which yielded lasting results.

After a discussion with medical experts, Margaret underwent a surgical rotator cuff repair and decompression. After that, her doctors also recommended she go through with another operation: a C5-C6 and C6-C7 anterior cervical discectomy and fusion. Both interventions were meant to relieve her pain and help restore function.

Ernest also sustained injuries to his right shoulder and neck. He was diagnosed as having a cervical disc herniation, a labrum tear, a rotator cuff tear, and muscle spasms. He received a cervical epidural steroid injection, and ultimately Ernest underwent surgery on his right shoulder as well.

Even with these invasive medical and surgical interventions, the possibility of further treatment or even additional surgery still existed, and the road to recovery was a long one for Margaret and Ernest.

Both Margaret and Ernest sustained injuries during the collision that required significant medical treatment and caused a great deal of pain and suffering.

The Effects of Margaret and Ernest’s Injuries

Before the collision, Margaret enjoyed walking her dog and maintaining the couple’s home. Because of her extensive injuries, however, she could now only walk for very short amounts of time and was forced to limit walks with her dog. She also could not keep up with her normal household activities due to the pain and limited range of motion she experienced. Even simple tasks such as getting dressed, preparing meals, and personal grooming proved difficult. Furthermore, Margaret’s rest was significantly disrupted. She struggled to get to sleep and stay asleep due to the pain she was experiencing.

But her pain wasn’t just physical. While she was being treated for her injuries, Margaret experienced the same fear many injury victims face as they go through diagnosis and treatment. In particular, she received multiple injections and had to make difficult decisions about her medical care, including weighing the benefits and risks of surgery. She relied heavily on her close family members for support and care, but she also felt like a burden in their lives, which resulted in guilt and other negative emotions. Feelings of helplessness and even depression impacted Margaret’s day-to-day emotional state.

Like many other car crash survivors, Margaret developed extreme apprehension about traveling in a vehicle. She experienced fear and anxiety when she was driving (even as a passenger) because she was worried about the possibility of another collision. As a result, she actively avoided traveling in a motor vehicle unless it was absolutely necessary.

Margaret and Ernest O. Car Crash

In short, Margaret’s life was thrown off-course by the persistent pain she struggled with, the emotional upheaval she suffered from, and the constant frustration she felt at not being able to participate in the activities she used to love. She did not feel at all like the person she used to be.

Ernest also suffered from ongoing pain due to the crash. In addition to struggling with sleep, he experienced significant pain whenever he sat down for extended periods of time. Going on road trips and other excursions, a former favorite pastime, was out of the question, and he had to curtail many of his other recreational activities due to ongoing pain from his injuries.

In addition, similar anxieties and fears about driving and riding in vehicles affected Ernest, and he also experienced helplessness and depression while recovering from his own surgery, especially since he could not care for his wife while she underwent her own treatments and surgical procedures.

Crosley Law Helps to Achieve a Settlement

Cases like these are exactly why the attorneys and staff at Crosley Law Firm decided to work in the legal field. The Crosley team went to work right away after hearing Margaret and Ernest’s story, collecting all the relevant documentation related to the case — from the officer’s crash report to medical bills, insurance communications, and more. They spoke with doctors, specialists, and other experts to determine the medical prognosis for Margaret and Ernest and help quantify the pain and suffering they had experienced physically, mentally, and emotionally.

The Crosley team pored over, compiled, and presented this information to the insurance company to establish a settlement figure that would help compensate Mr. and Mrs. O. for the costs of their medical bills and vehicle damage as well as the pain, suffering, and limitations they never would have experienced had Mr. J. not crashed into their vehicle on that day.

Crosley Law Firm filed suit and took several witness depositions to prove its case. Tom Crosley was able to obtain some crucial admissions from the at-fault driver, Stephen J., during his deposition. An engineer retained by Crosley was able to use these admissions in performing an accident reconstruction that placed the blame squarely on the other driver.

Before trial, the case went to a court-ordered mediation. After fighting for Margaret and Ernest during the negotiations, the Crosley team secured a $400,000 settlement from the insurance company on their behalf, providing much-needed financial relief and peace of mind to Mr. and Mrs. O. in the wake of their life-changing car wreck. After attorney fees and case expenses, Mr. and Mrs. O. received $226,000 from the settlement to pay medical bills and compensate them for their impairment, pain, and suffering.

If you have been injured or lost a loved one because of someone else’s carelessness, please call Crosley Law Firm right away at 210-LAW-3000 (210-529-3000). We offer free consultations so we can listen to the details of your story and provide you with candid legal advice about what your best course of action is moving forward. If we think we can help you, we will take your case on a contingent fee basis, which means you don’t have to pay us unless we achieve a settlement or win your case in court.

While we wish every driver was safe and conscientious, we also know that crashes happen when drivers make bad decisions that involve distracting technology, drinking and driving, driving aggressively, and more. If someone else causes your injuries, you deserve to get justice and compensation. Don’t wait — contact Crosley Law Firm today.

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

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