Many of us have families that we are concerned about being on the roadways. We always need to be mindful that other drivers are not insured or not adequately insured. When tragedy strikes, the last thing you want to be worried about is do they have enough insurance.
Up in Collin County in July 2016, two drivers were headed North. One was distracted and weaving in and out as the other was following too closely and going too fast. One hit the other and caused a major wreck leaving a tire to fly off the lead car. The tire stayed in the roadway and subsequently another car couldn’t avoid the tire causing her to go airborne into a telephone pole. Each of the drivers in the prior wreck blamed each other for reckless driving. It was just a matter of the damages.
Our client sustained major damages to her head, body and leg. She had several surgeries and grafting. She lived every day in pain. Eventually, she needed an amputation of her leg above the knee. She had fought it off for nearly two years but couldn’t deal with it any more. The day before her amputation, she passed away as a result of her injuries. We will forever miss our client.
How We Helped
Our client came to our amazing co-counsel, Scott Snellings, after she had been turned down from other lawyers. Scott looked at the case and immediately called us. Once we looked at the case and started digging, we discovered that the tire had not just been a random object on the street that our client didn’t see. We discovered it had just fallen off the cars in front after they were involved in a wreck. Our client didn’t have an option or choice.
The statute of limitations was coming up, which in Texas is two years. This means two years from the date of an injury to file your lawsuit or you will forever lose your claim. Our teams worked together to get this case on file and get all responsible parties served. We did this.
Our client was excited lawyers believed in her and her case. She was working hard in her recovery and we were working hard together on her case. We talked to the independent witnesses on her case and they were favorable for us.
Unfortunately, a couple months after we filed her case, she passed away as a result of her injuries. She needed an amputation and died the day before. This was extermely tragic and devastating. She left two young boys behind and a new husband. We protected the family by not allowing them to be deposed during this tough time and worked to get them into family counseling and grief counseling. They needed to grieve and get closure on this.
We worked with the family to get the probate process started so we could transition the case from a catastrophic injury case to a wrongful death case. It took about six months to complete this process, but once we did, we immediately turned up the pressure again.
Cutting Edge Demands – Never Letting Up
One thing that we make sure to do is never let up on the defense lawyers and insurance companies. They know that when we are involved in a case, we never stop attacking. Our clients want justice and closure. We try not to keep them waiting long.
In this case, we set up the depositions of all Defendants and sent letters to their insurance companies telling them to resolve the case before their depositions because their clients do not want to go through with this. They want closure and want them paid.
Ultimately, the Friday before the week of the depositions, both insurance companies paid their full policy limits. In the end, we were able to make sure the family didn’t have to pay any of the medical bills back and all the money went toward the family and the kids future.
Unfortunately, our client did not have UM/UIM insurance or PIP insurance. Make sure if you have auto insurance, go get UM/UIM and PIP protection. If you want to learn more, join our free VIP program and send us your policy. Ashley and I will walk through it and give you recommendations based on what we have seen actually happen when you need to use it.
For Our Referral Lawyers and Co-Counsel Lawyers
We love working with lawyers. Some just like to refer cases to us and let us handle the whole case from start to finish. Others want to learn how we handle a case and work side-by-side with us. Scott Snellings and his firm are our co-counsel lawyers. They are amazing to work with and were great on this case. Each week, we would go over what needed to be done and who would do it. This kept everything moving along quickly and efficiently. We couldn’t have asked for a better co-counsel firm than Scott and his team. In fact, not only are we great friends but we handle many cases together now.
Why Was This An Important Case For All Drivers?
This case was an important message to the community that driving safely can prevent a subsequent wreck. It is not just those involved but also those behind. Our client was on her way home from work when the tire flew off and caused her to go airborne. Lesson learned – don’t drive distracted and don’t drive aggressively. In the end, this family got closure and is moving on one day at a time. We were glad that we were there for this family when all other lawyers had given up on them.