Horrific Accident with Massive Damages Case Review with Ashley Clasen
In this week’s case review, Shane Smith spoke with Ashley Clasen of Shane Smith Law about a horrific car accident involving massive vehicle damage, a serious open ankle fracture, months of rehabilitation, and an insurance company that delayed payment until it had no other choice.
How the Accident Happened
The client, referred to as M.I., was driving along a roadway with a 45 mph speed limit and had the clear right of way. As he approached an intersection, another driver failed to stop at a posted stop sign and drove directly into his path.
Despite braking, M.I. had no meaningful opportunity to avoid the crash. The impact was severe, resulting in more than $30,000 in combined property damage between the two vehicles. The force of the collision immediately sent him to the emergency room.
A Serious Open Ankle Fracture
At the hospital, doctors discovered that M.I. had suffered a catastrophic ankle injury known as an open fracture. This type of fracture is especially serious because the bone breaks through the skin, creating a high risk of infection and long-term complications.
He sustained two separate fractures in the ankle, one of which was badly dislocated. Because of the severity, emergency surgery was required. M.I. was hospitalized overnight and underwent surgery the following day, during which surgeons implanted a plate and three screws to stabilize the ankle and realign the bones.
Unlike many fractures, this injury could not be placed in a traditional cast. Doctors needed ongoing access to the surgical site to monitor healing, making the recovery process even more involved.
Months of Physical Therapy and Recovery
Surgery was only the beginning. M.I. began physical therapy shortly after and continued treatment for roughly six months, from November through May, before doctors finally considered him healed from a medical standpoint.
The recovery was difficult and painful. Stiffness, limited mobility, and persistent discomfort were part of the process. Still, M.I. remained fully committed to his treatment plan, attending every physical therapy session and doing the work required to regain function.
His diligence mattered. The consistency of his treatment played a major role in both his physical recovery and the eventual outcome of his legal case.
Insurance Company Delay Tactics
Liability was never seriously disputed. The problem was delay.
The at-fault driver carried a $100,000 insurance policy, and M.I.’s hospital bills alone were close to that amount. Despite this, the insurance company refused to tender the policy early and insisted on waiting until M.I. completed all physical therapy before engaging in meaningful settlement discussions.
Even after being provided with hospital bills and surgical records, the insurer remained largely unresponsive. This forced the client to continue treatment without financial relief while the case dragged on.
Full Policy Limits Tendered
Once M.I. completed physical therapy and all final medical records were submitted, the insurance company abruptly changed course. Without negotiation or discussion, they tendered the full policy limits and mailed the settlement check.
As Ashley noted, the firm only learned the policy had been paid because the check arrived. After months of delay, the insurer finally acknowledged that it had no defensible position left.
A Key Lesson From This Case
This case highlights a hard truth about serious injury claims. Even when liability is clear, surgery is documented, and medical bills are overwhelming, insurance companies may still delay payment in hopes that a client gives up or stops treatment early.
Consistent medical care is critical. Not only for healing, but for proving the true value of an injury. Gaps in treatment or abandoning care too soon can give insurers leverage to undervalue or deny claims.
Final Thoughts
M.I.’s case is a powerful reminder that persistence matters. Serious injuries require serious documentation, patience, and follow-through. By staying engaged in treatment and standing firm, he was able to secure the full compensation available under the policy.
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.
