Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Reckless Driver Causes a Crash and Crosley Law Helps Victim Get a Settlement

A Needless Collision Caused by a Reckless Driver

The overwhelming majority of car crashes are completely preventable. If drivers made conscientious decisions to put their phones away, not get behind the wheel after drinking, and mindfully look both ways before pulling out into traffic, far fewer crashes would occur.

Sadly, individuals who make poor decisions while driving are not the only ones who suffer the consequences. Through their careless actions, these irresponsible drivers also expose pedestrians, cyclists, and other drivers to needless danger.

On a clear fall day, Sam S. fell victim to one such careless driver as he drove his van through a neighborhood in Pasadena, Texas. Sam was following the posted speed limit, driving without distractions, and paying attention to the road, but another driver was not. Without any warning, Mr. H. sped out of a private drive directly in front of Sam. With no chance to avoid the collision, Sam struck Mr. H.’s truck head on.

Damages and Injuries from the Car Wreck

After the car crash, an ambulance rushed Sam to the hospital with severe shoulder, neck, and knee pain. X-rays detected no fractures or other injuries requiring emergency treatment, so the emergency room doctor told Sam to follow up with his primary care physician, which he did approximately ten days later. Meanwhile, the insurance company deemed Sam’s vehicle a total loss after the crash.

Still in a great deal of pain, Sam underwent an exam from his doctor, who recommended an MRI. Several weeks later, that MRI revealed extensive damage to the muscles, joints, and tendons in Sam’s left shoulder. For example, he suffered a full-thickness tear of his distal supraspinatus tendon as well as moderate articular hypertrophy, among other injuries. The MRI also showed damage to Sam’s knees, including a tear of the lateral meniscus, mild joint effusion, and other damage.

Based on the results of the MRI as well as his ongoing pain and discomfort, Sam consulted with a specialist to discuss his options. At that time, Sam’s knee gave him significant pain when standing, walking, and shifting positions from sitting to standing. The knee also popped in an unsettling manner when he would walk.

Over the course of the next few weeks, Sam wore a patella stabilizer and used a cane to help improve his mobility and reduce discomfort. Unfortunately, this intervention did not help, so he visited the doctor again to go over other options.

At Sam’s next appointment, his doctor discussed both surgical and non-surgical paths of treatment, and Sam decided to begin with the more conservative non-surgical treatment options to see if he could get relief. He received an intra-articular injection for his knee and attended physical therapy sessions. Once again, this approach failed to provide relief from Sam’s ongoing pain and mobility issues, so he decided to pursue surgical treatment.

More than six months after the initial crash, Sam underwent a right knee arthroscopy and a partial lateral meniscectomy. During and after his surgical recovery related to his knee injury, he attended physical therapy. All the while, he continued to seek medical care for his shoulder.

Even after these interventions and treatments, however, Sam struggled with pain, mobility issues, and other discomfort directly attributable to the crash.

Even after these interventions and treatments, however, Sam struggled with pain, mobility issues, and other discomfort directly attributable to the crash.

Crosley Law Firm Helps Car Accident Victim

Sam already knew of Crosley Law Firm because the attorneys on the Crosley team had handled a case arising from a car crash he experienced several years earlier. In fact, the injury from his previous crash in was re-injured in this crash.

Although it’s tempting to think that Sam was particularly unlucky to be involved in two car wrecks over the course of seven years, this is actually not unusual. On average, Americans file a collision claim approximately once every 17 years. That means you’ll likely be in at least three car crashes in your lifetime if you’re an average driver. If you commute a long distance, visit friends and family often, or spend more time on the road than average, your odds of being in a crash are even higher.

Crosley Law Firm had successfully represented Sam in his previous personal injury case and achieved a settlement on his behalf, so he called Crosley Law Firm again. After evaluating Sam’s case, the staff and attorneys at Crosley Law Firm went to work right away. They gathered important documents from a wide variety of sources, including hospital and doctor bills, the police report, medical test results, and more. They also interviewed key witnesses and participants in the crash, and they discussed the details of Sam’s case with experts so they could gain a comprehensive picture of his medical situation and accurately assign tangible values to the pain and suffering Sam had been (and was still) experiencing.

Using all this information, the attorneys working on Sam’s case assembled a demand letter and sent it to his insurance company. The facts in the case that Crosley Law Firm had uncovered and presented were incontrovertible, and, as a result, the insurance company settled for the full policy limit.

No amount of money can truly compensate someone for the trauma and damage (both to property and to physical and emotional health) of being in a severe car crash. But it is possible to reclaim some semblance of financial stability after the costs of doctor visits, medical tests, surgery, physical therapy, and more — all of which could have been avoided if one careless driver had made better decisions behind the wheel.

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If you or a loved one has been injured because of another driver’s reckless behavior, know that you don’t deserve to pay for their negligence. At Crosley Law Firm, we offer free consultations so we can listen to the details of your story and provide you with candid advice about what your best course of action is. Call our office today at 210-LAW-3000 (210-529-3000) or fill out a brief online contact form and we will get back to you right away.

Reference

Toups, D. (2011, July 27). How many times will you crash your car? Forbes. Retrieved from https://www.forbes.com/sites/moneybuilder/2011/07/27/how-many-times-will-you-crash-your-car/#46afde904e62

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

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