- This accident involves Jackie Galindo.
My client was operating a Toyota Tundra.
She was traveling on 1604 westbound in the Bandera area
when traffic in front of her was coming to a stop.
She brought her vehicle, she was trying to bring
her vehicle to a stop when she was rear ended
by a young man driving a Dodge Ram dually.
The young man said that the accident was 100%
Ms. Galindo's fault.
His version of how the accident occurred was
there was two lanes westbound on 1604.
Ms. Galindo was in the right lane,
and he was traveling in the left lane.
And Ms. Galindo passed him, cut him off,
and then slammed on his breaks.
That was the version that the young man told,
and as a result of him saying, of his description
of how that accident occurred, the defense lawyers
put very little value on Ms. Galindo's case.
- The first offer that was offered to me
I can't exactly pinpoint the amount,
I just know that it wasn't something that
I was going to settle for.
I was determined that there was no way
I was going to settle for that amount.
Mr. Trevino had sent me a text message saying
this is what we're looking at, and I cannot recall
my exact response, but I know that it was I don't think so.
- In order to determine what actually and what factually
happened, we conducted a significant investigation.
We deposed the officers who investigated the accident.
We hired an automotive mechanical engineer
to investigate the accident.
- My husband was already outside of the truck
yelling in pain.
It took me a little while because I had trouble breathing.
My adrenaline kicked in, I didn't know what was going on.
I actually went across 1604 to check on the gentleman
that was in front of me because I thought I had hit him,
but it was actually that he hit me and hit him also.
From there I'm actually being forced to go
into the ambulance by the officers because I
couldn't comprehend what type of accident I had been in
and how hard I had been hit.
- As a result of the accident, Ms. Galindo
sustained multiple herniated discs in both her
cervical spine as well as her lumbar spine.
As a result of the injuries, as a result of her neck
and low back pain, she underwent approximately
two years of pain management treatment,
which included seven ESI epidural steroid injections
in both her neck, as well as in her lumbar spine.
The MRIs were positive for herniated disks
in her cervical as well as her lumbar spine.
- I had to change everything about me.
I hd to change how I did everything.
I had to find different ways of washing clothes,
how I load it, how I bent, how I picked up.
When I had to pull clothes out of the washer
or actually do the dryer, I had to sit on the floor
pulling everything out with the basket next to me,
then pick it up, then go sit down.
I couldn't be bent over for a period of time
and just get up like nothing.
At times I couldn't use my right arm,
so I had to teach my left arm to become more dominant
and strengthen it up.
I actually had to go back to work financially to help out
on my part because I lost thousands of dollars a month
on what I brought home, so you know the fear
of not being able to pay off my cards
when I got paid on certain houses,
I had a very outstanding record with eight credit cards.
That's how good of the money I was making,
and then my husband had to drop his credit cards
and other things that he was paying in order
to keep us going and surviving.
My church thankfully has a food bank provided there,
being a member, or actually being their cook for 10 years
provided me with food every week if I needed it.
- Our expert determined that the Dodge Ram
was equipped with an air bag control module,
which is very similar to a black box.
People hear of a black box used in airplanes,
it retains data after certain, after collisions,
after impacts, and based upon the air bag module,
we were able to determine the speed that the vehicle
was traveling, that the Dodge Ram was traveling.
And the facts indicated and the air bag module indicated
that prior to the accident, five seconds prior
to the accident, the Dodge Ram was traveling
approximately 65 miles per hour.
Now why that fact was important was because
at this stretch of 1604 the speed limit
is 55 miles per hour.
The information contained in there also indicated
that at approximately 0.5 seconds before the accident
was the first time that the driver of the Dodge Ram
actually put his foot on the physical break.
And that the Dodge Ram was traveling at approximately
47 miles per hour at impact.
Based on these facts, we were able to determine
that the version that the driver of the Dodge Ram
was telling the officers and telling his attorneys
and wanting everybody to believe was factually inaccurate
and it was psychically impossible for his version
to be accurate with the data that was collected
from the air bag module.
With that information, with that data,
we were able to establish the liability 100%
on the driver of the Dodge Ram and move on to
assessing what Ms. Galindo's injuries were.
- Mr. Trevino also knew I had a financial situation
because of this accident that happened,
and never ever once disputed helping me.
- The insurance company was relying on the version
that the defendant told them.
They were relying on the fact that it was
Ms. Galindo's fault, and once we were able to establish
that it was in fact the defendant's fault,
that the defendant wasn't paying proper attention
and was speeding, was traveling too fast for the conditions
on that highway, that facilitated the settlement.
- I believe it's fair.
You know there's a lot of things that they had to do.
There's a lot of investigating that they had to do,
stuff that I wouldn't have been able to do on my own.
I don't think I would have even tried to do it
on my own because I wouldn't know where to begin.
And they have the right to subpoena,
they have the right to pull what they want to pull,
what the need to pull, what they need for the
investigations for proof.
As an individual themselves might not have that right
because we're nobody.
You know we don't have the records or the authorities
to pull anything.
I'm sorry, but I just got a sharp pain.
No it's my nerve.
My husband has the cream in the car.
Um, do you need me to start over?
- [Man] No, that is important.
- Okay.
I actually got a new medication that
it's a lidocaine prilocaine prescribed,
and these nerves get really really bad when I,
it's a certain position that I put my head,
like talking like this, it starts to burn,
and the cream just kills the nerves, like yes, yes.
So I just haven't gotten into the habit
of how to place my head when I'm in a conversation
that I can be relaxed and not so you know tensed up, yeah.
- After conservative treatment failed Ms. Galido,
she was recommended to have both a cervical
and lumbar surgery.
She had both, she actually had two cervical fusions,
and one lumbar disk surgery.
To date, her total medical are over $400,000.
She is still in daily discomfort, has limitations
placed upon her, even after the surgeries,
she's limited as to what she can do
with her cervical and lumbar spine.
She's limited to the amount of weight she can lift,
she's limited with the range of motion that she can
move her head both to the left and to the right,
up and down, and keep in mind the insurance carrier
offered her $20,000 when this case initiated.
My client's damages go beyond the repair of a vehicle.
It goes beyond the past medical bills.
I have taken into consideration the effect
that these injuries are going to have on my clients
for the rest of their lives, not just up until
the day of the settlement.
So in cases like this what I do is I hire an expert,
board certified life care planner.
And what that life care planner's purpose is,
and what he does is he provides a physical examination
to my client, like he did in this case to Ms. Galindo.
He looks at all of the medical records.
He looks at the timeline of the treatment
from the date of the accident up until the day
of his appointment, and he determines,
well first what he does is he makes a diagnosis
and determines the extent of the injuries
as it relates to the accident.
And then he determines what medical treatment
those injuries are going to need.
Not from the time of the accident to the date
of the settlement, before the rest of my client's life.
As in this case, we retained a board certified
pain management doctor, who is also a life care planner.
And what he did was he examined Ms. Galindo,
a physical examination on Ms. Galindo,
examined all of her medical records,
examined the timeline from the time of the accident
to the time of his physical examination,
and created a report.
And what that report does is it draws out what her
medical necessities are going to be
for the rest of her life, and based upon that report,
it was determined that Ms. Galindo's medical needs
in the future were going to exceed a half a million dollars.
Unfortunately, accidents like these have a significant
impact on people's lives, not just the property damage,
replacing the vehicle, not just the medical bills
that occurred up to the time of the settlement,
not just the medical bills that
will be incurred in the future.
Additionally it affects one's ability to work.
It affects one's ability to earn income.
- So the money, the check I received today
will actually be used to buy the stuff that
I have lost in the accident,
to pay off debt that I've incurred
because of the accident,
to put away in case I can't afford
to make my co-payments later.
As far as right now, I still have a whole year to heal.
I don't know how I'm going to end up.
I don't know if I'm going to be able to go back
to the same type of job I used to do.
So this is money I'm going to have to put away
and put it away wisely.
- What we do in that instance is
we hire a vocational expert.
The vocational expert will do a physical examination
of the client and review her medical records
and determine if any vocational limitations
should be placed.
What that means is she determines, the expert
will determine whether or not the plaintiff can work
and to what extent they can work,
and what limitations they'll have
on their working abilities.
We take that report, we take the vocational expert's report
and we give it to our economic expert.
And what he does is he says okay, now that we know
what those limitations are, he places a number
on those limitations so that we make sure
that our client is compensated, not just for
the medical expenses incurred in the past,
not just for the medical expenses that'll be incurred
in the future, and not just for the pain and suffering
incurred in the past, not just for the pain and suffering
that's going to be incurred in the future,
but also for the lost income and also for the lost earning
capacity that that individual will sustain in the future.
I'm unable to put Ms. Galindo back in the same
physical condition she was before the accident.
The doctors did the best they could to treat
the injuries sustained in the accident,
and she's going to have a lifetime of discomfort
and pain as a result of the injuries sustained.
My job is to seek maximum compensation for Ms. Galindo.
I can't put her back physically in the condition she was,
but what I can do is seek compensation
for the injuries sustained.
So we've been battling the insurance carrier
for approximately three years now on Ms. Galindo's case.
And as a result of the work done and as a result
of the injuries Ms. Galindo sustained,
we were able to resolve the case for $1.25 million.
In the end we were able to retrieve a settlement
in the amount of $1.25 million in favor of Ms. Galindo.
After attorney's fees and expenses, Ms. Galindo
received over $660,000.
- I do recommend Trevino Injury Law to anyone
needing and searching for an attorney
that has been in an accident.
He's comforting, he's always there for you.
And if there's answers that you need,
that you need him to answer and he doesn't have,
he will find the answers for you.
And he does respond as soon as he can.
- Trevino Injury Law accepts clients based
on a contingency fee basis, which means the client
pays us nothing out of pocket.
We incur all the expenses, we pay for all litigation,
we pay for hiring all the experts,
we incur all the risk, and if the case loses,
we get paid nothing and we eat whatever
is invested in the case.
However, when the case settles, we get paid
a percentage of what we collect from the insurance company.
This allows individuals with limited resources
to battle insurance companies with unlimited resources.
I hope you never need a personal injury attorney,
but if you do, Trevino Injury Law is here for you.
Contact us at 255-3088.
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