$45,500 settlement for spinal injury in Burleson, TX car crash by attorney for client with pre-existing condition.
A woman was traveling southbound on the I-35 service road in Burleson, Texas and was waiting at a red light to merge onto Hidden Creek when she was rear-ended by a distracted driver. She retained our personal injury attorneys in Dallas to represent her. She suffered from neck and back pain prior to the car accident. In fact, she was treating with a pain management doctor and had already undergone injections for neck and back pain prior to the collision.
Remember: You can recover damages in a car wreck case even if you did not suffer a new and distinct injury as a result of the wreck. You can recover damages if the automobile accident caused an aggravation of a pre-existing injury or condition. The “Eggshell Plaintiff” doctrine recognizes that certain individuals can be pre-disposed to injury.
Comments from Attorney Joseph Morrison: Insurance adjusters love to argue that victims shouldn’t recover damages if they already suffered some degree of pain prior to the accident at issue. This view demonstrates a complete lack of compassion, defies common sense, and is not supported by Texas law.
Victims can recover damages even if a pre-existing condition was aggravated due to an accident. After all, wouldn’t someone who had a prior back surgery be more prone to injury if they were involved in a car accident? Wouldn’t someone who suffered from degenerative disc disease be expected to have additional pain and discomfort if they were involved in a wreck?
In this case our client had pre-existing conditions in both her cervical and lumbar spine – including bulging discs, protruding discs, degenerative disc disease, and spinal stenosis. Even though she was treating with a pain management doctor before the accident, I was confident we could demonstrate the client suffered an aggravation of her pre-existing injuries.
We assisted her in locating a physical therapy facility that would provide services and delay billing until the conclusion of the case so she wouldn’t be stuck paying co-pays and deductibles while receiving the treatment she needed. She required additional injections to restore her to the pain level she was at prior to the collision that had aggravated her pre-existing conditions.
The settlement for this personal injury claim involving an aggravation of a lumbar spinal injury as a result of a car crash in Burleson, TX was $45,500. Attorney fees were $11,676.43. Case expenses were $397.14. After paying medical providers, the client’s net recovery was $11,676.43. This is an outstanding result for undergoing injections for an aggravation of a pre-existing condition.
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Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.