Manuel, a man in his early 70s, was driving in San Antonio on the N. Loop 1604 access road. He was stopped at a yield sign at the end of a turnaround and waiting for traffic to clear.
As he waited, a pickup driver was approaching the intersection from the left-turn-only lane. Instead of turning, the driver went straight, jumping the curb of a concrete island and smashing into the front passenger side of Manuel’s Tacoma. The force of the collision caused Manuel’s head to smash into the drivers-side window.
Although he was in significant pain after the crash, Manuel didn’t immediately seek medical attention, hoping that his symptoms would get better on their own. But after five days, the pain was too much to bear. He called his doctor, who advised him to go to the ER.
Manuel struggles with medical bills, chronic pain, and loss of independence
The car accident dramatically changed Manuel’s life. He suffered from nausea, headaches, dizziness, blurry vision, hip pain, flank pain, abdominal pain, knee pain, painful urination, and blood in his urine.
Medical testing found a number of issues, including:
- Multiple disc herniations in his back
- Significant aggravation of his pre-existing hip arthritis
- Post-concussion syndrome and mild neurocognitive disorder
Back and Hip Injuries and Treatments
Over the coming months, Manuel needed a number of medical procedures to help him manage his back pain, hip pain, and other symptoms. He tried a series of steroid injections in his back and hips, but each injection brought only partial and temporary relief.
Without any other options, Manuel needed total joint replacement surgeries on both of his hips. And after the left hip surgery, he experienced an infection that complicated his recovery. His physician also told Manuel that he would probably need a spinal surgery in the future.
Head Injuries
Very soon after the crash, Manuel noticed cognitive issues, including forgetfullness, misplacing items, slowed processing, increased irritability, and stuttering. He also suffered from daily recurring headaches and dizziness.
His doctors placed him on a number of medications and therapies for the headaches and dizziness, but after more than a year, Manuel’s condition did not improve.
Lifestyle Impact
Manuel’s constant pain, physical limitations, and cognitive impairments resulted in a significant loss of independence. Manuel was in constant pain, couldn’t do the things he loved, and struggled with his mental health. Driving became overwhelming, and he couldn’t perform his usual work activities for four months. Manuel also needed to bring in hired assistants to help with chores and landscaping.
Losing his independence was incredibly hard and became a source of deep sadness and frustration for Manuel.
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Crosley Law holds the insurance company accountable
There was no question that the other driver was at fault.
Manuel had been stopped at a yield sign waiting for traffic to clear. There is no way he could have predicted that the other driver would go straight through a turn lane and jump the curb, and certainly no way he could have avoided it. The defendant fully admitted he was 100% responsible in his deposition testimony.
But proving liability is only one component of a successful personal injury case. The tricky thing about Manuel’s case was calculating and proving damages.
At 71 years old, Manuel had a number of pre-existing health issues at the time of the crash—including hip arthritis and some existing back pain. Furthermore, as “invisible injuiries,” headaches and mild neurocognitive disorder can also be difficult to prove. These were potential stumbling blocks in the case, giving the defense attorney an opportunity to question the necessity of Manuel’s medical treatments and whether his symptoms were related to the crash.
Our team of car accident attorneys worked tirelessly to gather the medical evidence we needed to prove Manuel’s case. We worked with his treating physicians and medical experts who confirmed that the crash caused his new symptoms and worsened his pre-existing conditions.
It wasn’t an easy process, but the effort paid off. Eventually, the case went to mediation, and Crosley Law convinced the insurance company to offer a maximum policy limits settlement of $1 million.
Car crash? Call Crosley
Even if the other driver admits 100% responsibility, that doesn’t mean the insurance company is going to be fair with you. They’ll use any tactic they can to keep the payout as small as possible.
If you’ve been in a serious car crash, Crosley Law can help. To request your free consultation, call (210) 529-3000 or fill out a contact form today.
