Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Family Receives Maximum Settlement in Wrongful Death Case

A Normal Friday Walk to the Park Turns Tragic

On a warm fall morning in San Antonio, Earl L., a 68-year-old lawyer, took his dog for a walk in the park across the street from his neighborhood. He had no way of knowing this morning routine would end in tragedy.

When Earl and his dog were returning from the park, they came to an intersection with no traffic signals and no painted crosswalk, Earl looked both ways and decided it was safe to cross. Suddenly, a motorcyclist traveling at a high rate of speed came over a hill, and struck both Earl.

As a result of the accident, Earl suffered a devastating brain injury. Although Earl was still alive after the accident, he depended on a ventilator to breathe for him. Doctors concluded that he had lost critical brain functions and would never be able to survive off life support again.

“He was in the hospital from September through December, and at that point [the doctors] wanted to see if we wanted to keep him on the ventilator,” recounts Earl’s wife Olivia. “I knew he wouldn’t want to be living like that, because it’s really not living. We lost him on the 24th of December.”

Earl’s wife was left without a husband, and their three children were left without a father. They were devastated and heartbroken at the sudden loss and dramatic upheaval in their lives.

A Grieving Family Looks for Answers

The responding police officer placed the fault for the accident with Earl, saying that he must not have been paying attention as he and his dog walked across the street. Earl, who had slipped into a coma shortly after the accident and stayed unconscious until his passing, never had the opportunity to give his perspective or defend himself. Earl’s family knew they needed help if they were to have any chance at finding justice for Earl. Devastated and looking for answers, Oliva was referred to Crosley Law Firm by the family’s attorney.

Tom Crosley and the rest of his team at Crosley Law Firm worked with Olivia and her three children to build a case that sought wrongful death damages addressing all the losses and expenses that Earl’s tragic passing created for the family, including loss of companionship, spousal and parental services, and inheritance. The damages also included financial recovery for pain and suffering, mental anguish, loss of future earnings, and medical and funeral expenses incurred during Earl’s hospitalization and subsequent death.

An Expert Accident Reconstruction Changes the Narrative and Leads to a Settlement

After initial meetings with the family to get to know them and assess their situation, the team at Crosley Law set out to prove that the motorcycle driver was negligent and responsible for Earl’s sudden death. The Crosley team discovered a witness at a nearby daycare whose security cameras captured video of the crash. Crosley also hired an engineer to conduct a crash reconstruction, measure the scene of the crash, and estimate the speed of the motorcycle and the visibility of the pedestrian. Using these calculations, Crosley Law was able to prove that Earl L. may not have been able to see the motorcyclist upon entering the roadway, and that had the motorcyclist adhered to the speed limit, the accident would never have occurred. Using this new information, Crosley Law Firm was able to successfully settle the family’s case, and they received maximum settlements from two different insurance companies.

If Earl’s family hadn’t turned to Crosley Law Firm for legal representation after the insurance company denied their initial claim, they wouldn’t have received the compensation that allowed them to deal with their deep loss and attend to their emotional needs without worrying about how they would pay for Earl’s medical bills, final expenses, and lost wages.

Crosley Law Firm: Advocates on Your Side

“When we thought we didn’t have a whole lot of hope, we were able to bring our case to [Tom Crosley],” Olivia L. says of her case’s resolution. “He did an excellent job for us, and I’m very grateful.”

Olivia says she’s extremely happy with the services she received from Crosley Law Firm, adding that the staff from the law firm kept in touch consistently throughout the case and provided prompt and helpful answers for all of her questions.

Oliva also adds that if anyone else finds themselves in the situation she and her family found themselves in, there is always hope — you just need to find the right person to help, she says.

“I think we did [find that person],” she concludes.

If you or someone you love has suffered from a traumatic brain injury, or if a loved one has died as a result of someone else’s negligent behavior, you may be entitled to financial compensation for medical bills and lost wages as well as the emotional pain you and your loved ones have suffered. When you choose Crosley Law Firm to handle your case, we’ll leave no stone unturned and no option unexplored as we strive to achieve the best possible outcome for you and your loved ones. We also work on a contingent fee basis, which means you don’t pay any fees or expenses unless we achieve a financial recovery on your behalf.

Contact Crosley Law Firm at 210-529-3000 or fill out a short online form to get a free initial consultation for your case.

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