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Injured in Motorcycle Wreck – Policy Limit Settlement Secured
Case: Tyler Holt v. Ana Laura Hernandez and Jessica Perry, Montgomery County, Texas
Date: January 1, 2012
Attorneys Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas represented Tyler Holt.
Defendant Ana Laura Hernandez was represented by officials and counsel of Progressive Insurance Company. Defendant Jessica Perry was represented by officials and counsel of Fred Loya Insurance Company.
FACTS & ALLEGATIONS. Tyler worked as a night stocker at Wal-Mart. He was on his way home from work when Perry failed to yield the right of way to Tyler and drove her car through a stop sign into the intersection directly in front of Tyler. The feeder road Tyler was on did not have a stop sign. Perry was clearly at fault. The vehicle driven by Perry was owned by Hernandez who was a passenger in the vehicle. Although the investigating officers did not perform a field sobriety test on Perry, there was circumstantial evidence that the pair, and another passenger, Perry’s boyfriend, had been out late on for New Year’s Eve.
Tyler came to Denena & Points, PC after learning about our law firm from our website, denenapoints.com. Tyler officially became our client on January 16, 2012. His case was completely settled within three months of becoming a Denena & Points, PC client.
INJURIES. Tyler suffered significant injuries. Both bones of right forearm were fractured with an open laceration. Even though Tyler was acting responsibly and wearing his helmet, he lost consciousness and suffered a concussion from the impact. Tyler was admitted to the hospital where he stayed for four days. After being released from the hospital, Tyler required substantial rehabilitation and physical therapy. His medical bills exceeded $97,000.00. Tyler also missed substantial time from work.
RESULT. Unfortunately for Tyler, he did not have underinsured motorist coverage on his motorcycle. The negligent parties only had $60,000.00 in total insurance proceeds available to satisfy a settlement because of their negligence – over $37,000.00 less than Tyler’s total medical bills.
One of the most challenging parts of Tyler’s case was the negotiation process with healthcare providers and Tyler’s health insurance company. On the total amount of $97,000.00 in bills we were able to negotiate a subrogation payback of approximately $9,000.00. As a result, even though there was a shortfall between the available liability insurance proceeds and Tyler’s medical bills, we were still secured a total settlement for Tyler of just under $31,000.00 after subrogation, expenses and attorneys’ fees.
Thanks for being our client Tyler and we wish you all the best in your continuing recovery.
For further information about this case or any personal injury matter contact Chad Points directly at 713.337.9502.