On a Spring afternoon, Richard was riding as a passenger with a coworker after leaving a landscaping job. They rode north on US Highway 17 in Jasper County, South Carolina, ready to clock out and head home after a difficult day of work. As the truck he was riding in approached the intersection at Okatie Highway, another commercial vehicle suddenly darted into the roadway. Leaving no time to react, the resulting T-bone collision was violent and unforgiving.
In the days immediately following the crash, Richard, a man accustomed to labor-intensive work, tried to push through the pain. However, as his symptoms worsened: radiating back pain, hip instability, and growing physical limitations, he realized this was not something he could recover from on his own.
Car Crash at Work Causes Permanent Spine Injuries
The collision caused severe injuries to Richard’s lower back and right hip, including:
- Disc bulges in his spine at L3-4 and L4-5
- Bilateral spinal stenosis
- A torn hip labrum requiring surgical implantation of permanent Stryker hardware
He endured months of physical therapy, injections, radiofrequency ablations, and still faces ongoing pain management for his spine. His doctors have now recommended a spinal cord stimulator, and because of his limitations, he is considered permanently disabled. His existing medical expenses at the time the case was mediated had reached $265,000, but his future medical care projected far beyond that amount.
These injuries didn’t just affect his body; they took away his identity. A man who once found joy in fishing and keeping his yard pristine now struggles with activities that once grounded him.
Workers’ Compensation Roadblocks & Strategic Leverage
When Richard reached out to Joye Law Firm Injury Lawyers a few weeks after the collision, he sought help only for the personal injury claim against the at-fault driver. Attorney William Asche and Case Manager Brittany Kearley took on the case, but Asche quickly recognized the potential for a workers’ compensation claim, since the crash happened while our client was working.
When Richard’s workers’ compensation was denied outright, Attorney Asche, with help from Case Manager Marcy Huckabee, refused to take no for an answer. Asche filed for a hearing before the South Carolina Workers’ Compensation Commission and was able to get the claim accepted and Richard’s treatment covered by workers’ compensation.
In SC workers’ comp cases, injured workers are required to receive treatment solely from medical professionals chosen by their employer’s insurance provider. However, since our client had already begun treatment through a different medical provider, Asche negotiated a rare agreement for workers’ compensation to pay for his existing treatment and upcoming physical therapy, allowing our client to stay with his existing providers.
That continuity proved essential, both for his recovery and for documenting the scope of his injuries. Knowing substantial auto insurance coverage existed, the legal team strategically settled the workers’ comp claim early for $115,000, before Richard reached maximum medical improvement.
Defense Attempts to Hide Additional Insurance Coverage
Since the inception of the case, Attorney Asche knew there was a $1 million liability policy available to victims of the crash. However, during discovery, he uncovered a document that referenced a different insurer. Attorney Asche pressed the issue and directly asked the at-fault business owner if they had an excess liability policy. Shockingly, he said yes. Even after this game-changing admission, the defense dragged their feet. So, Asche went directly to the other carrier and uncovered a significant excess liability policy that the defense had hoped to keep buried.
This discovery opened the door to a much larger recovery. Still, during mediation, the primary insurance carrier resisted. They denied full responsibility. During our client’s deposition, he had explained that he had gone back to work for the company on light duty. He explained that one day, he felt a “pop” while riding along to a job in a work truck. The defense argued that this incident broke the chain of causation. The mediator paused negotiations, encouraging further discovery. In a pivotal deposition, our client’s treating doctor put the issue to rest by confirming Richard’s injuries came directly from the initial crash. At the time of the mediation’s pause, the insurance carrier had offered $700,000, but this was rejected and left on the table. It was less than half of what Attorney Asche demanded his client was owed.
Risk of Punitive Damages Drives Final Result of $1.5 Million
During discovery, Asche found another bombshell piece of evidence: the company driver who caused the crash was not a licensed driver and was undocumented. Asche made it clear to the defense that a Jasper County jury would not look kindly on an employer who hired an unlicensed and undocumented driver, who then tried to cheat our client by hiding all of their available insurance coverage.
With the risk of punitive damages on the table, the primary carrier agreed to pay the entirety of its available $1M policy. After property damage to the vehicle and $30,000 to our client’s coworker, the amount came to just over $947,500. The excess liability insurer contributed $552,500 to meet the $1.5 million demand set by Asche.
Despite a significant financial recovery, the truth is that the physical and emotional scars of the wreck linger on. Richard will never return to his physically demanding job, and he will live with pain for the rest of his life. However, because Attorney Asche refused to accept anything less than the full amount his client deserved, he will have the financial resources to move forward with his life and medical care.
If you’ve been hurt and don’t know where to start, start with us. One call can be the difference between a partial recovery and the full justice you deserve. Our consultations are always free and you get our No Fee Guarantee, meaning you don’t owe us anything unless we win your case.
Disclaimer: Past results do not guarantee future outcomes.
