$85,500 policy limits settlement for lumbar disc injury in Fort Worth, TX car wreck by attorney at Mullen & Mullen Law Firm.
Our client was driving on Highway 170 in Fort Worth, TX. A distracted driver failed to yield the right of way, attempting to enter the freeway, and collided with her automobile.
The client had a history of chronic back pain prior to the car wreck 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 started 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 symptoms including 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 accident. 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 accident and the one following it 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 necessitated her lumbar microdiscectomy.
Remember: Texas law allows you to recover damages if you sustain an injury in an auto accident or if it leads to an aggravation of a pre-existing condition.
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. At Mullen & Mullen Law Firm all of our attorneys thoroughly review a client’s file in its entirety before a demand letter is submitted.
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 settlement for this personal injury claim involving a spinal injury as a result of a car wreck in Fort Worth, TX was $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.
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