Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Crosley Law Firm Helps
Injured Car Crash Victim Get a Settlement

Harold S. worked for most of his life in construction, oil fields, consulting, and inspections. After a long career, he retired and started working as a handyman and as an artist. He had graduated with a major in art back in the 1970s, and painting had always been a passion of his. On a nice spring day at noon, he was traveling in his pickup truck from one job site to another.

While driving on Interstate 10 outside of San Antonio, Texas, a negligent driver lost control of her car, cut across multiple lanes of traffic, and collided with the driver’s side of Harold’s vehicle at highway speeds. The impact was so dramatic that Harold’s pickup was flung into another vehicle, flipped over several times, and finally came to rest upside down.

He suffered from abrasions on his arms, cuts on his head, and injuries to his left shoulder. Once he got his bearings, he was able to get himself free from the seatbelt and crawl out of the truck, feet first, through a broken window.

That pickup truck was his only means of transportation, both personally and for his work as a handyman.

San Antonio car accident Harold

Harold’s Left Shoulder Injuries 

After the collision, Harold began experiencing severe left shoulder pain. He couldn’t reach, drive, or engage in other activities with his left arm. He went to the hospital the morning after the crash and ended up seeing several different doctors over the next few weeks.

An orthopedic specialist eventually diagnosed him with a series of left shoulder injuries, including:

  • Dislocation of the shoulder joint
  • Tears and detachment of the glenoid labrum (a fibrous part of the shoulder that strengthens and stabilizes the joint)
  • Left reverse Hill-Sachs lesion (a fracture on the head of his humerus bone)
  • Other trauma

For a while, Harold worked using only one arm. His doctors said he probably needed surgery, but Harold was in the middle of several jobs and could not take the time off for surgery and recovery.

Harold tried to work with his own insurance company to get compensation for his medical bills, transportation costs, and other expenses related to the crash, but they said the other driver’s insurance was hard to work with.

Harold then decided he needed a lawyer. He talked to an attorney about his case, and they actually referred him to Tom Crosley because Tom has so much experience in car accident cases like Harold’s. The two of them sat down together to discuss Harold’s situation, and Tom agreed to take on the case. Crosley Law Firm also arranged for Harold to get physical therapy to see if that would help him with his shoulder.

Unfortunately, physical therapy did not completely resolve his pain and limitations, and his physical therapist sent him back to the orthopedic specialist. That doctor talked Harold through his options again. But Harold simply was not ready to take on the risks associated with surgery. He preferred to deal with some ongoing pain and limitations instead of potentially facing complications such as:

  • Stroke, heart attack, pneumonia, or blood clots associated with anasthesia
  • Permanent nerve damage
  • Shoulder infection
  • Stiffness and limited range of motion

While these side effects are not common, people often forget that there are real risks associated with surgery.

San Antonio car accident Harold

Crosley Law Firm Fights for Harold’s Legal Rights and Settles his Car Accident Claim

In the course of his treatment, one urgent care center refused to help Harold because he was a car accident victim, so he ended up walking down the street to another emergency room.

And then he had problems will billing from that hospital. It was incredibly frustrating, and he explained, “I’ll never go back to that place again! I mean, if they drag me in there dying, I’ll make them take me somewhere else!

Next, the negligent driver’s insurance company denied Harold’s car accident claim, arguing that his shoulder injury was a preexisting condition. With medical bills, transportation costs, and other expenses piling up, Harold was glad to have Crosley Law Firm’s help.

Insurance companies commonly try to deny coverage due to alleged “preexisting conditions” and inaccurate legal arguments. However, an experienced San Antonio car accident lawyer like Tom Crosley has the knowledge and skill needed to assess and refute these claims — and perform an in-depth investigation to build a case.

During Crosley Law Firm’s investigation, Tom discovered that the police report listed a witness. However, the insurance company had never contacted that person for a statement. Crosley Law Firm tracked down the witness, who agreed to help with Harold’s claim. In a recorded statement, the witness reported that the negligent driver was seen talking on her cell phone and erratically weaving through traffic immediately before the accident.

After intense negotiation, Crosley Law Firm recovered a fair settlement for Harold that covered his medical bills and compensated him for his pain and suffering.

San Antonio Car Accident attorney

Without Crosley Law Firm’s help, Harold might have given up on his car accident claim and lost valuable compensation. Instead, he regained a sense of stability after an unexpected and life-changing collision.

Harold said that Crosley Law Firm “handled all the billing with the physical therapy, and, of course, dealing with the other insurance company. They just took a load off of me. They paid the medical bills and actually got discounts from the hospital ER and physical therapy so I didn’t have to pay full price. They went the extra mile.”

Crosley Law Firm:

Advocating for San Antonio Car Accident Victims

When Harold looked back on his experience with Crosley Law Firm, he felt very positive: “Any time we had email messages back and forth, everything was answered properly and promptly. They would send me an update of where they were on things. I didn’t feel like an unknown individual. They took it seriously, even though it was probably a really small case for them. I’m happy.”

The Crosley Law Firm team represents injured Texans in car, truck, and other accident claims. If you or a loved one were injured by someone’s careless or reckless behavior, contact Crosley Law Firm for a free consultation.

You can call our offices at 210-LAW-3000 | 210-529-3000, or you can fill out a convenient online contact form.

References

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

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