Client Victory: Five Times the Original Offer After Insurance Tried to Lowball an Elderly Victim
This client victory is part of our Lawsuit Waiting to Happen educational series, where we show how ordinary crashes can turn into serious legal battles when insurance companies try to avoid responsibility.
In this case, Attorney Tim Lewis of Shane Smith Law secured five times the insurance company’s original offer for an elderly client who was severely injured in a side impact collision.
How the Crash Happened
Our client, T.R., a 67-year-old man, was T-boned on the driver’s side door. Side impact crashes are among the most dangerous because there is very little protection between the driver and the point of impact.
As a result of the collision, T.R. suffered significant injuries to his cervical spine.
Serious Injuries and Medical Reality
After the crash, doctors diagnosed:
- Herniated discs
- Bulging discs throughout the cervical spine
- A recommendation for cervical fusion surgery
However, T.R. had multiple serious pre-existing medical conditions, including a history of cancer and congestive heart failure. Because of his fragile health, surgery was not medically safe. The accident dramatically increased his pain and reduced his quality of life during an already vulnerable stage.
The Insurance Company’s Low Offer
Instead of taking responsibility, the insurance company attempted to use T.R.’s age and medical history against him.
They argued that his spine was not “perfect” before the crash and offered only $20,000 on a $100,000 policy, despite clear medical evidence that the collision worsened his condition.
This is a classic example of an insurance carrier trying to avoid paying fair value by blaming the victim’s health.
The Legal Strategy That Changed Everything
Attorney Tim Lewis responded with a carefully crafted bad-faith demand letter, explaining a critical legal principle known as the eggshell plaintiff rule.
Under the law, a negligent driver must take the injured person as they find them. A defendant cannot escape liability simply because a victim was older, medically fragile, or had prior conditions.
The letter made it clear that:
- The crash aggravated real injuries
- Surgery was recommended but not possible due to the client’s condition
- Denying full compensation based on medical vulnerability was improper and exposed the insurer to bad-faith liability
The Result: Full Policy Limits
Within two weeks of receiving the bad-faith letter, the insurance company reversed course and tendered the full $100,000 policy limits.
That outcome represented five times the original offer, without filing a lawsuit.
Why This Case Matters
This case highlights a key lesson from our Lawsuit Waiting to Happen series:
Insurance companies often assume elderly or medically vulnerable victims will not fight back. When they do, and when the law is applied correctly, those assumptions can cost insurers significantly.
No one should receive less compensation simply because they were already dealing with health challenges.
We Advocate When Others Look Away
At Shane Smith Law, we do not let insurance companies minimize injuries or dismiss clients because of age or medical history. We focus on accountability, medical reality, and the law.
If you or a loved one were injured and told your case is “worth less” because of age or pre-existing conditions, that may be a lawsuit waiting to happen.
Shane Smith Law
📞 980-999-9999
In pain? Call Shane.
