Learn how Silva Injury Law client Martin Rose was able to make a full recovery from a torn rotator cuff injury after being violently rear-ended by a distracted driver on Highway 99, in addition to getting a 45% larger settlement than the initial offer from the insurance company.
Facts of the Case
Date of accident
Wednesday, November 14th, 2018
Rear-ended by a pickup truck at an estimated speed of 40 to 60 MPH.
Torn left rotator cuff requiring surgery and physical therapy.
Initial Offer: $69,878
Final Settlement: $110,000
No one ever expects to be involved in a car wreck. On Wednesday, November 14, 2018, when Martin Rose got into his truck and headed south on Highway 99 towards Fresno he certainly didn’t anticipate that he’d be struck by a distracted driver.
I was going into Fresno to pick up some material for my girlfriend.
I was going down 99; traffic was very congested, moving 3, 4, 5 miles an hour and at times would stop. This particular time I was at a stop and waiting for traffic to move. And then from behind me, I was hit by a pickup truck. I was in a large pickup truck, he was in a smaller one. Estimated speed above 40 to 60 miles an hour.
Even in the fog of the initial shock of the collision, and despite suffering his own significant injury, Martin’s first concern was with the driver who had struck him.
I got out of my truck, barely got over to the other pickup, and I asked him if he was okay
And he said, “yeah, yeah, I’m fine. I got an airbag. I don’t recall anything else. I turned around and went back towards my truck and tried to find my phone. It wasn’t but a few minutes CHP arrived and they asked if I was all right.”
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As anyone who has been in a serious car wreck understands, the physical injuries that one suffers are often only the tip of the iceberg.
I’ve lived a pretty interesting life. I’ve never been hit like that. Ever.
That hit was, for me, completely engulfing emotionally and physically. It took me days to even get my body to actually slow down enough to where I could realize what actually had happened. I’m not an emotional person at all, but that hit changed me, even till today. And it’s been a few years. I don’t have fears, but the effects of it, the effects of it still kind of hang around a little bit.
In the days and weeks that followed the accident, Martin attempted to reach the insurance company for the at-fault driver. As is so often the case, they were hard to reach, and when finally Martin was able to speak with someone, he found little reason to be optimistic that he’d be treated fairly.
[ RELATED READ: Be Careful When Speaking To An Insurance Claims Adjuster After An Injury ]
When I talked to [the insurance company], they were in complete denial that there was ever really any serious accident.
They said we understand that there was no damage to the truck. And so what we have seen and understand is that this really wasn’t that serious, more like just a bump. And I told him, well, I beg to differ with you. The police report shows that he was doing above 40, possibly 60 somewhere in that area.
And they said, well, we really can’t actually go along with that report. And so I said, okay, well, I have got to see a doctor to get some evaluations on some things that are affecting me. And I told him about the injuries to my left shoulder. And I told him that I’m seeing double at times. And they said, you really don’t really understand Martin that double vision isn’t something that can happen to you in a little bump. And so we’re really not going to cover this. I told him, I don’t think you and I really have much to talk about. And they said, no I agree. We really don’t.
After several more similarly frustrating conversations with the insurance company, Martin decided that he needed someone on his team who could provide support and guidance and help him secure the medical treatment he required. He asked a friend – who himself is an attorney – if he could recommend someone.
I spoke with a longtime friend of mine and told him look, I need to find an attorney.
But I need someone who’s honest. And he said, “Martin, what you want to do is speak with Michael [Silva]”. He said I know him very well. He is actually an honest man. I took a few days, thought it through. And then I gave Michael a call.
Martin signs up as a Silva Injury Law client
February 13, 2019
Martin has his first medical appointment with the physician recommended by Silva
March – July 2019
Martin undergoes successful surgery to repair torn rotator cuff, then physical therapy to regain strength and mobility
Silva Injury Law submits the initial settlement demand to insurance
August 16, 2019
The insurance company makes a counter-offer of $69,878
Silva Injury Law files a lawsuit on behalf of Martin
Mediation between the two sides begins
January 10, 2020
Case settles for $110,000, 45% more than the initial settlement offer
An appointment was set for Martin to consult with attorney Micahel Silva about the viability of his case. During that meeting, Martin told Michael the facts of the collision, and he also explained his goals.
I told him, I’m not looking for a million dollars.
I went back after retirement and got a master’s degree in intercultural studies. My post-graduate work is to become a chaplain and I want to live my life. I don’t want to spend the next few years fighting an insurance company. I just would like to get whatever it is that will help me take care of myself, get me back into life and I’ll move forward. That’s all I’m looking for.
After that initial meeting, Martin agreed to sign on as a client of Michael Silva and Silva Injury Law. That decision was based largely on Martin’s assessment of Michael as a man of integrity, and an attorney who had the skill-set and experience necessary to secure the financial compensation that is fair and just.
I like honesty. I always have. I find it difficult to find someone that I can trust or believe in.
And as time went by, I felt very comfortable with Michael because he did not try to fill me with anything that wasn’t true, any falsehoods or false hopes.
Michael’s very well-spoken and he’s calm. He’s giddy. I mean, that’s Michael’s personality, but when it comes down to directing business, it’s as if he knows when to speak and when not to speak and, and he can get his message across very clearly. And I’ll just tell you, over time I began to like this man. I just think he’s a good man.
Once Martin signed on as a client Michael and the team at Silva Injury Law immediately got to work on his behalf. The first order of business was helping Martin get the medical treatment he needed. Our firm referred him to a physician to evaluate his shoulder injury and prescribe a course of action for making a recovery.
In Martin’s case, that meant surgery to repair the torn rotator cuff, in addition to physical therapy for several months following the surgery. Both were successful, and Martin made a complete recovery.
So when it came time to have the procedure done, I trusted Michael’s insight and his choices.
He had worked with this particular surgeon for some time. And so either you trust [his recommendation] or you don’t. And I did. Well, it was another very good decision.
As far as the surgical procedure is concerned, the work that he did to do the repair…I’m 70 years old. I have a Bowflex at home. I can still work with a Bowflex. My workout weight is between 250 and 300. I don’t have any trouble with it. My arm has never hurt me.
In July of 2019, once both the surgery and the physical therapy were completed, Silva Injury Law submitted the initial demand to the insurance company. Their counter-offer was not acceptable, and so in September of 2019 Silva Injury Law filed suit in an effort to secure full and fair compensation.
In December, mediation between the two sides commenced. On January 10, 2020 – just over 13 months after Martin’s accident – the two sides agreed on a settlement of $110,000, 45% more than the initial settlement offer.
Michael left his phone number open for me, anytime I wanted to call.
Now, many people won’t do that. That’s how he treated me. And if he treated me that way, and I see him as an honest individual, as a person who actually does care and will do the right thing, then I believe that he opens every door possible for the next client. Why wouldn’t he?
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If you’ve been injured in an accident, Silva Injury Law can help you recover – physically and financially – and get back to life.209-600-0874