$85,500 gross recovery for lumbar disc injury auto accident in Fort Worth, TX. Great claim settlement by attorney at policy limits.
Our client was operating a motor vehicle on Highway 170 in Fort Worth, TX. An inattentive motorist failed to yield the right of way attempting to enter the freeway and collided with her vehicle.
The client had a history of chronic back pain prior to the collision but surgery had never been discussed as an option. Her physician had recommended an injection for pain relief. After the wreck her low back pain became much worse and it began radiating down both of her legs. Her physician began discussing surgery as an option.
Remember: Irritation/Compression of a nerve exiting the spinal column can cause radiculopathy. Radiculopathy symptoms include weakness, tingling, numbness, and shooting pain.
We requested the client’s prior medical records so her condition pre and post collision could be evaluated. Her prior records clearly indicated that she had never complained of radiculopathy prior to the collision. Only after the car wreck did she begin experiencing shooting pain down her legs.
Comments from Attorney Joseph Morrison: The MRI performed prior to the auto accident and the one following the wreck were very similar. However, the more recent scan demonstrated additional impingement on a nerve root, which explained the onset of radicular symptoms. I argued that the new symptom that developed after the collision (radiculopathy) necessitated her lumbar microdiscectomy.
Remember: Texas law allows you to recover damages if you sustain an injury in an accident or if the accident leads to an exacerbation/aggravation of a pre-existing injury.
When I reviewed the client’s more recent medical records, I discovered her surgeon indicated that she had been experiencing severe radicular pain in her right leg for longer than 6 months. This included a period of time prior to the car accident. I was able to alert the client of this discrepancy.
She visited with the surgeon, and with the prior medical records demonstrating no radicular pain prior to the wreck, he quickly amended his records to accurately reflect the onset of radiculopathy as the date of the accident. All of the attorneys at our firm thoroughly review a client’s file in its entirety before a demand is submitted. We don’t have thousands of clients like some of the firms on television, so we have the ability to spend more time on each file.
I was able to spot an inaccurate sentence in one record out of hundreds of pages of records. In doing so I provided my client an opportunity to address the inaccuracy with her physician before it potentially ruined her case.
The gross settlement for this lumbar disc injury claim resulting from an auto accident in Fort Worth, TX $85,500. Attorney fees were $23,940. Case expenses were $1,256.08. After paying medical providers, the client’s net recovery was $31,592.92. This is an outstanding result and included both liability as well as underinsured motorist policy limits.