$127,500 gross recovery for partial rotator cuff tear car wreck in Gainesville, TX. Great settlement by attorney for client injured when at-fault motorist backed out of a parking lot in an unsafe manner.
Our client was traveling west on California Street in Gainesville, TX when an inattentive driver reversed out of a parking lot in front of her. The at-fault motorist crossed into our client’s lane of travel and a major collision occurred.
Comments from Attorney Joseph Morrison: The Texas Peace Officer’s Crash Report (Police Report) arising from the loss also attributed fault to our client for failing to take evasive action. I successfully argued to the adjuster, however, that no reasonable motorist would assume that someone would cross into the opposite lane of travel while reversing out of a parking lot, despite what was indicated in the Police Report. Getting the adjuster to accept 100% liability at the onset of the case was a real victory for our client.
Remember: Insurance companies will usually take every opportunity they can to suggest that you were somehow also responsible for the wreck. They will suggest you were comparatively negligent because they are fully aware that your recoverable damages will be reduced by your percentage of fault. In fact, if you are found to be primarily at fault (51% or more) you will be barred from recovering any damages whatsoever.
Our client sustained a partial rotator cuff tear in her right shoulder. It was a significant injury that left her unable to work for a period of time following surgery and rehabilitation. Our accident injury law firm submitted a settlement demand to the at-fault motorist’s liability carrier and our client’s underinsured motorist carrier.
I was really pleased that we were able to obtain the full liability policy limits of $100,000. We were also able to help the client obtain a large portion of the available underinsured motorist policy limits. We did not advise the client to file a lawsuit because we showed her that, after increased attorney fees and expenses necessitated by litigation, she would end up with essentially the same amount of money in her pocket even if she recovered the full UIM policy limits. We take our duty to ethically represent clients very seriously. We never recommend a course of action that will only benefit our law firm. We always recommend the best course of action for the client.
Our client’s health insurance carrier had a $55,050.24 lien on her case. Our car accident attorneys were able to get the health insurance company to accept $37,700 as full and final payment of the lien. Our injury law firm routinely secures substantial lien reductions on behalf of our clients.
The gross settlement for this claim involving a partial rotator cuff tear as a result of a car accident in Gainesville, TX was $127,500. Attorney fees were $41,000. Case expenses were $1,035.45. After paying medical providers and lienholders, the client’s net recovery was $45,137.21.