Case at a glance
- Recovery: $600,000 Settlement
- Injury: Lower-back and left-knee injuries; knee surgery and lumbar discectomy
- Practice: Transportation Accidents
- Attorney: Brian Beckcom
Treatment progressed to two operations
Jeff, a corrections officer, suffered lower-back and left-knee injuries. He initially received physical therapy and steroid injections. In October 2006, he underwent an operation on his left knee. A lumbar discectomy at L4-L5 followed in early 2007.
A disputed injury claim and a mediated settlement
Jeff sued the driver and Audio Fidelity Communications in Brazoria County. His claim alleged that the driver was responsible for the rear-end collision. The defense argued that the impact was minor.
The case resolved at mediation for $600,000.
When fault or the seriousness of an injury is disputed
A collision claim can involve two different disputes: who caused the crash and what injuries the crash caused. Jeff alleged that the company driver was responsible for the rear-end collision. The defense argued that the impact was minor. Those are not interchangeable issues, and a description of the impact does not by itself resolve the medical questions.
When drivers give different accounts, lawyers can compare their testimony with witness statements, photographs, vehicle damage and available video or electronic records. Medical records and qualified medical testimony address a different question: whether the collision caused or aggravated the condition for which the injured person seeks compensation. The evidence available in each case determines which investigative steps are useful.
In Texas negligence cases governed by Chapter 33 of the Civil Practice and Remedies Code, a claimant's percentage of responsibility reduces the recovery; responsibility greater than 50 percent bars recovery. When a case goes to trial, the factfinder resolves disputed responsibility from the evidence. An insurer's initial position is not the final word.
Related legal help
Learn about transportation accident claims.
To discuss a serious injury, call 877-724-7800 for a free consultation.
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.