Broadside Crash Causes Fractures, Brain Injury and Hearing Loss |
In this week’s case review, Shane Smith spoke with Timothy Lewis of Shane Smith Law about a client victory involving a violent broadside collision, multiple fractures, a traumatic brain injury, and permanent hearing loss. Despite the insurance company’s attempts to downplay the injuries, the case resolved for full policy limits.
How the Accident Happened
The client, referred to as M.S., was a passenger in a vehicle when another car struck her broadside at high speed, directly on her door. The force of the impact was severe and immediately caused multiple traumatic injuries.
This was not a minor collision. The side impact transferred a tremendous amount of force into M.S.’s body, resulting in widespread physical trauma.
Serious Injuries From the Crash
As a result of the crash, M.S. suffered fractures to her arm, ankle, and pelvis. She also sustained a serious head injury. While doctors did not recommend surgery for her fractures, the injuries were extremely painful and required significant time to heal.
In addition to the orthopedic injuries, the head trauma caused lasting effects. M.S. experienced partial hearing loss following the accident, which impacted her daily life and ability to function normally.
No Surgery Did Not Mean No Case
One of the main challenges in this case was the insurance company’s position that, because surgery was not required, the case was not worth full policy limits. This is a common tactic insurers use to undervalue serious injuries.
Timothy Lewis rejected that approach. The absence of surgery did not erase the reality of multiple fractures, severe pain, a brain injury, and permanent hearing loss. These were life-altering injuries, regardless of how they were treated.
Pushing Back on Pre-Existing Claims
M.S. was 70 years old at the time of the crash. The insurance company attempted to argue that her age and prior work history contributed to her hearing loss, suggesting that noise exposure from years of working at an airport may have been responsible.
That argument did not hold up. The evidence showed that her hearing loss began after the crash and was tied directly to the head injury she sustained in the collision. The legal team refused to let the insurer shift blame away from the accident.
Holding Firm for Policy Limits
The insurance policy available in this case carried limits of $250,000. Despite pressure to settle for less, Timothy Lewis refused to compromise the value of the case.
By clearly documenting the extent of M.S.’s injuries, pain, and long-term impact, the firm pushed the case forward until the insurance company tendered the full policy limits. M.S. recovered the entire $250,000 available under the policy.
A Key Lesson From This Case
This case reinforces an important principle. Surgery is not the measure of a serious injury. Fractures, head trauma, chronic pain, and permanent impairments can justify full policy limits even when surgery is not performed.
It also highlights that age does not diminish the value of a claim. Every person is entitled to full compensation for injuries caused by someone else’s negligence, regardless of how old they are.
Final Thoughts
M.S.’s case is a strong example of why experienced legal advocacy matters. When insurance companies try to minimize injuries or rely on technical arguments to reduce payouts, standing firm can make the difference between an inadequate settlement and a fair result.
If you want to learn more about what to do after a serious car accident, you can request a free copy of The Victim’s Survival Guide to Car Accidents.
If you are in pain, call Shane at 980-999-9999 to speak with the team at Shane Smith Law.
