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Senior Driver Fights Back Against the Insurance Company’s Pre-Existing Condition Claims and Gets a Settlement
A Distracted Driver Ignores a Red Light and Causes a Brutal Collision
While driving through an intersection, a distracted commercial driver ran a red light and t-boned the driver’s side of Kathryn’s car. The crash was so violent that her driver’s side window shattered, and the windshield cracked and fell into Kathryn’s vehicle. The driver of the commercial vehicle received a ticket for his negligent behavior.
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Soon after the crash, Kathryn began to experience left knee pain, neck pain, and headaches. She promptly sought medical treatment.
Kathryn Unsuccessfully Tries to Tough Out Her Knee Pain
Kathryn didn’t immediately undergo surgery for her severe knee pain. Instead, she followed her doctor’s recommendations and tried physical therapy first. After eight sessions, the therapist referred her back to her primary care doctor due to concerns about a meniscal tear. The meniscus is cartilage within your knee joint that helps the joint move smoothly and absorb shocks.
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An MRI scan confirmed Kathryn’s torn meniscus, and she was referred to an orthopedic surgeon for further treatment. She underwent a round of three Euflexxa injections. These shots helped reduce her left knee pain for a remarkable 20 months. However, when Kathryn’s knee pain returned, it was unbearable — and her second round of injections provided little to no relief.
As a final option, Kathryn’s doctor suggested a total knee replacement. The procedure involved removing her damaged knee joint and surgically replacing it with an artificial joint. Due to her severe pain, Kathryn underwent this major surgery and participated in an intensive physical therapy program aimed at rebuilding her knee’s strength and function. At one point, she was seeing her physical therapist three times a week during her recovery.
Luckily, throughout this ordeal, Kathryn didn’t lose much income. She had been a long-time employee of a local church and had built up a lot of PTO time. However, she did have $37,593.31 in medical bills related to the crash, and she had suffered immense pain and suffering on her journey to recovery.
The Insurance Company Incorrectly Blames Kathryn’s Knee Injury on Pre-Existing Conditions and Her Age
While the insurance company agreed that the other driver was negligent, it refused to cover the costs associated with Kathryn’s knee injury. At the time of the crash, Kathryn was 70 years old and had a history of osteoarthritis, fibromyalgia, and other conditions. Even though Kathryn had never complained to her doctors about left knee pain before the crash, the insurance company denied her claim because of her age and health history.
Thankfully, Kathryn called Crosley Law for help.
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Crosley Law Acts Quickly and Demands Justice
Kathryn’s medical treatment took a long time. In fact, by the time she contacted Crosley Law, she had less than a month remaining on her two-year statute of limitations to file a lawsuit. If she had waited much longer, Kathryn would have completely lost the right to compensation.
With such a short timeframe, Crosley Law’s injury lawyers had to act quickly. They assembled Kathryn’s medical records and realized that while she did have a history of degenerative changes and inflammation, they did not involve her left knee. In fact, her pre-crash medical records did not document any major complaints involving her left knee. The Crosley Law team built a strong argument that the crash caused Kathryn’s left knee injuries due to the severity of the impact and the forces involved.
Kathryn also strengthened her claim by being an ideal client. She took her recovery seriously by attending all her appointments. She didn’t exaggerate her symptoms. And she continually reinforced her strong credibility.
Thanks to this hard work on the part of the client and the legal team, Crosley Law was able to negotiate a $190,000 settlement for Kathryn’s claims. After paying her attorney’s fees, case costs, and medical bills, Kathryn received $85,432.51.
Kathryn was so pleased with her experience at Crosley Law that she sent a nice thank you card and gift to Tom Crosley and associate attorney Jarryd Morton after her case was over. She wrote, “Thank you for the professional, kind, and caring way in which you handled my case. You set me at ease with your explanations and support.”
Crosley Law: Advocates for San Antonio Crash Victims
Crosley Law has built a reputation as one of San Antonio’s premier injury law firms. We are dedicated to our clients and their claims, building sophisticated legal strategies and demanding fair compensation. If you’d like to learn more about our approach to personal injury claims, request a free consultation by completing our online form or by calling 210-LAW-3000 | 210-529-3000.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.