This policy limits settlement by attorney of $132,501 was for a distal vertebral stroke caused by a car crash in Keller, TX.
Our client, an older gentleman, was operating a motor vehicle traveling southbound at 300 Bourland in Keller, TX. An inattentive motorist failed to yield the right of way exiting a private drive and collided with his automobile. As a result of the automobile accident our client’s car subsequently struck a light pole.
Comments from Attorney Shane Mullen: At our injury law firm an attorney always directly contacts new clients after their file has been assembled and takes the time to educate them about the process and to truly learn about their case from its onset. In this particular personal injury claim, I discovered the client had experienced a stroke before he retained us to represent him. Based on my prior experiences, I believed a good possibility existed that the car wreck caused his stroke, even if it wasn’t contemporaneous with the auto accident.
He urgently needed to be evaluated by a Neurologist. As a personal injury attorney, one of my biggest jobs is to make sure my clients get the medical attention they need, and to spot issues that could be relevant to their respective cases. By quickly identifying this particular issue, I was able to alert the client to a possibly life-threatening condition and assisted him in getting promptly scheduled to see a highly qualified Neurologist.
The client was eventually diagnosed with a concussion, distal vertebral artery stroke, and aneurysm of the distal vertebral artery, among other injuries. The posterior cerebral artery stroke was evidenced by visual field loss, memory impairment, and motor dysfunction. An MRI of the brain revealed a moderate to large right posterior cerebral artery distribution and subacute hemorrhagic infarct in the right occipital lobe.
A CT Angiography of the head showed encephalomalacia affecting both occipital lobes likely as a consequence of posterior circulation derangement. Based on the objective evidence the Neurologist opined that the client’s history of violent injury likely contributed to his problems.
Remember: Medicine is as much an art as it is a science. You do not have to demonstrate that an accident caused an injury within a reasonable degree of medical certainty. The standard of proof is whether an accident caused an injury within a reasonable degree of medical probability. In other words, was it more likely than not that the injury was caused by the accident?
I was really proud that we were able to assist the client in getting the specialized care and testing he needed to confirm his injuries and alert him to the serious nature of those injuries. I anticipated, however, that the insurance carriers would still battle us on causation.
I retained a certified legal nurse consultant to review all of the client’s medical records, prepare a chronology of treatment and events, research future medical issues / give conclusions regarding same, and to support those conclusions with medical journal articles and learned treatises.
At Mullen & Mullen, we never hesitate to spend the money necessary to properly develop clients’ cases and to put them in a position to be resolved as soon as possible. Once the certified legal nurse consultant’s report was done I asked Joseph to assist me in preparing the client’s settlement demands.
Comments from Attorney Joseph Morrison: I’ve spoken before about the collaborative nature of our law firm. At large volume firms sometimes the right hand doesn’t always know what the left hand is doing. At Mullen & Mullen Law Firm, however, we have a true team of professionals that readily assists each other to maximize the results we obtain for our clients.
I was happy to assist Shane and submitted demands incorporating various reports and medical documents to the liability carrier, personal injury protection (PIP) carrier, and underinsured motorist carrier. These demands were submitted simultaneously to avoid an unnecessary delay in resolving the matter for the client.
The liability carrier tendered their policy limits. We also secured the first-party policy limits. The total gross recovery was $132,501. The at-fault party did not have assets to recover if a judgment was obtained so a settlement was recommended.
We were able to get substantial reductions from medical providers as well as a reduction from the client’s health insurance company and a hospital that was owed a balance. Most importantly, we also were able to get his health insurance company to agree not to seek additional monies from him for any future services it paid for in the future.
We always strive to protect the interests of our clients and to getting that agreement gave the client peace of mind that he would be able to continue to get the medical attention he needed.
The settlement for this claim involving a distal vertebral artery stroke as a result of a car crash in Keller, TX was $132,501. Attorney fees were $36,100.28. Case expenses were $3,140.18. After paying medical providers, the client’s net recovery was $63,000.78. All available insurance policy limits were obtained for the client.
