Spring is a time when many teachers look forward to wrapping up the academic year to enjoy summer fun and relaxation with friends and family. For John, that happy anticipation was cut short after a sudden car accident left him with constant pain and reduced physical ability.
Keep reading to hear John’s story and how Crosley Law helped him get the justice and compensation he deserved.
A Rear-End Accident Causes Serious Injuries
On a bright April day, John was driving his pickup truck down the interstate when he was suddenly rear ended by another driver. No airbags deployed, and he hit his head on the window. John felt “dazed,” and experienced immediate pain in his neck.
In the blink of an eye, John went from someone who had minor, occasional back discomfort to someone who could barely move without pain.
In the months after the accident, John struggled with daily pain, decreased range of motion, and nightly sleep disturbance. What began as simply pain in his head, neck, back, and shoulder turned into pain with constant weakness and tingling.
The doctors put John through many tests, including MRIs of both his neck and lower back. His doctors found multiple herniated discs in both his cervical and lumbar spine. They also diagnosed him with radiculopathy (nerve pain that radiates down a limb) and spinal strains.
John needed intense therapy, including injections, physical therapy, and chronic pain management services. He saw his medical providers multiple times a week, which was not only inconvenient but expensive.
In the blink of an eye, John went from someone who had minor, occasional back discomfort to someone who could barely move without pain.
John’s Every Movement Was a Struggle
Before the crash, John was an active person in his late 40s. A teacher who enjoyed yard work and driving out of state to visit his mother, he prided himself on his independence.
Now, he faced not only the physical pain of his injuries, but the loss of his mobility and the things he enjoyed. The sharp, shooting pains and muscle spasms made everyday movement difficult. It was hard to do almost anything, including standing, lifting, bathing and dressing. John even experienced pain when doing simple activities like writing and laying down.
He began paying someone to care for his property and cancelled several trips to see his mother. Working was a challenge, as his leg fell asleep if he stood to teach for more than a few minutes.
Sleep disruption was also an issue. John found himself awake at night from the pain, which only added to his struggle.
While John’s doctor’s treatments helped a little bit, the steroid injections came with their own discomfort, not to mention risks of infection and elevated blood sugar.
Between the injuries and treatments, John dealt with anxiety, frustration, and mental anguish, and all without much physical improvement. The doctors expected him to need ongoing treatment for his injuries — a stark change for someone who’d had no serious pre-existing conditions.
Between the injuries and treatments, John dealt with anxiety, frustration, and mental anguish, and all without much physical improvement. The doctors expected him to need ongoing treatment for his injuries — a stark change for someone who’d had no serious pre-existing conditions.
The At-Fault Driver’s Insurance Can’t Cover John’s Costs
Liability in this case was clear. The at-fault driver was distracted and rear-ended John while following his vehicle too closely. There was nothing John could have done to prevent the wreck. As a result, John was living with permanent injuries that greatly affected his daily life.
John faced a major obstacle to getting the compensation he deserved. Texas has fault-based car accident laws. Typically, the reckless driver and their insurance company are financially responsible for victims’ medical bills, lost income, and pain and suffering. But even though the fault of the other driver wasn’t in dispute, they were significantly uninsured.
John already had tens of thousands of dollars in unpaid medical bills, and there was no end in sight. His damages exceeded the other driver’s liability insurance policy limits, and he wasn’t sure what to do about it.
RELATED: What’s the Average Settlement for a Rear-End Car Crash?
We Use Our Expertise in Uninsured and Underinsured Motorist Claims to Fight for John
Fortunately, John called Crosley Law. Our San Antonio car accidents focus their practice on motor vehicle claims, so we have extensive experience identifying all the insurance policies that might cover our clients’ cases. Luckily, John had bought both personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage, which can step in and provide additional compensation.
Our firm is at the forefront of UM/UIM law in Texas. In 2021, Tom Crosley argued a “game-changing” case before the Texas Supreme Court, Allstate v. Irwin, with the intended goal of helping people just like John.
We spent countless hours fine-tuning our legal arguments on Irwin, and our work paid off. Even though few legal experts thought we would prevail, the Texas Supreme Court sided with us, dealing a major blow to the insurance companies.
Now, Texans with UM/UIM policies can file a claim under the Texas Declaratory Judgment Act and recover their attorney’s fees if they are successful. This might sound like a procedural technicality, but it levels the playing field during settlement negotiations. After all, if the insurance company knows they’ll be on the hook for paying the claim and covering the victim’s attorney’s fees, they are more likely to negotiate in good faith and make a reasonable offer early on.
John Settles All His Insurance Claims for More Than $282,000
In the end, John had multiple claims involving the at-fault driver’s liability policy and his UM/UIM and PIP policies. We aggressively negotiated with all the insurance companies involved in John’s claims.
Using carefully crafted arguments that pulled from John’s medical records, the crash report, and our experience with uninsured and underinsured motorist claims, we were able to recover more than $282,000 for our client.
We also negotiated with John’s medical providers, who agreed to significantly reduce the amount that he owed them. While we can’t ensure that John’s injuries will ever heal completely, we helped him get fair compensation and the peace of mind that comes with it.
We also negotiated with John’s medical providers, who agreed to significantly reduce the amount that he owed them. While we can’t ensure that John’s injuries will ever heal completely, we helped him get fair compensation and the peace of mind that comes with it.
Crosley Law: San Antonio’s Trusted Car Accident Lawyers
If you or someone you love needs fair compensation after a car accident, work with an experienced attorney who knows how to handle complex motor vehicle claims and can uncover all the relevant insurance policies. We’ve argued cases all the way up to the Texas Supreme Court and can bring this level of knowledge and dedication to your case.
We always begin with a free consultation. To schedule yours today, call 210-LAW-3000 | 210-529-3000 or use the contact form on our website. We look forward to hearing from you!
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
