Exploring the Stowers Demand
Leveraging Medical Analysis in Spinal Injury Cases
In Texas personal injury law, understanding and applying a Stowers demand is crucial when dealing with insurance companies, especially in spinal injury cases. A Stowers demand leverages an insurer’s potential exposure to significant financial liability if they fail to settle a claim within policy limits. This article explores how detailed medical analysis, especially in complex spinal injury cases, ties into a successful Stowers demand strategy, ensuring fair compensation for clients suffering from traumatic injuries such as disc herniations, nerve impingement, and radiculopathy.
What is a Stowers Demand?
A Stowers demand arises from G.A. Stowers Furniture Co. v. American Indemnity Co., a landmark Texas Supreme Court case. It creates a duty for insurance companies to act in the best interest of their insured by accepting reasonable settlement offers that fall within the policy limits. If the insurer refuses to settle and a jury verdict exceeds policy limits, the insurer may be liable for the full amount of the judgment, exposing them to greater financial risks.
This tool becomes incredibly valuable in cases involving spinal injuries, which can have long-term implications for the client’s quality of life, ability to work, and ongoing medical needs. However, to make the most of a Stowers demand, an attorney must rely on a detailed and convincing presentation of the client’s injuries — especially when those injuries involve the spine, one of the body's most complex and often misunderstood areas.
The Complexity of Spinal Injuries in Personal Injury Cases
Spinal injuries, particularly those involving disc herniations and nerve impingement, are both familiar and complicated. The spine’s natural degenerative process often confounds adjusters and attorneys alike, with every person’s discs deteriorating to some degree as they age. The key challenge in spinal injury cases is distinguishing pre-existing degenerative conditions from acute trauma caused by an accident.
Anatomy of the Spine
The spine consists of vertebral bodies, each separated by discs that act as cushions, composed of a tough outer layer (annulus) and a fluid-like center (nucleus). When trauma occurs, these discs can bulge or herniate, often pressing on nearby nerves that extend from the spinal cord into the extremities. This impingement can cause radiculopathy, a condition where nerve pain radiates down the arms or legs, depending on the location of the injury (e.g., L5-S1 in the lower back affects the legs, while cervical spine issues affect the shoulders and arms).
The Role of Medical Evidence
Radiology reports and medical terminology are essential to prove the existence of trauma-induced injuries rather than simply age-related degeneration. Attorneys must carefully review terms such as disc protrusions, annular tears, impingement, and nerve compression to build a case. The presence of these findings in an MRI, coupled with the client’s complaints of pain and numbness, strengthens the argument that the injury resulted from an accident rather than pre-existing conditions.
In many cases, spinal injuries are ambiguous, as some clients may experience severe pain while others, with similar MRI findings, remain asymptomatic. Insurance adjusters often attempt to minimize settlements by claiming that the client’s injuries are primarily degenerative. Therefore, it is vital to focus on language that emphasizes acute trauma over degenerative changes. Phrases like “acute pain from trauma,” “annular tear,” and “impingement of the nerve root” can significantly increase the perceived value of a case, while terms like “chronic pain” and “degenerative disc disease” typically decrease it.
Building a Strong Case for the Stowers Demand
In spinal injury cases, a well-crafted Stowers demand must reflect the severity of the injury, supported by both medical evidence and client testimony about their pain and limitations. A few key points to consider when preparing the demand:
1. Distinguishing Trauma from Degeneration:
- Focus on acute trauma and recent onset pain, using radiology reports to highlight findings like annular tears or disc herniations that correlate with the client’s symptoms. For instance, in cases where an annular tear is present at C5-C6, you could argue that this is a clear indication of trauma resulting from the accident, which is not typically caused by simple degeneration.
2. Using Medical Terminology to Your Advantage:
- Terms like impingement, stenosis, or compression must be highlighted in demand letters, as they indicate nerve involvement, which significantly affects a person’s ability to function. Even a seemingly small 2mm disc bulge can have major implications if it leads to impingement of the nerve roots, causing pain, numbness, or reduced mobility.
3. Establishing a Direct Correlation:
- Ensure that the symptoms match the radiological findings. For example, if the MRI shows L5-S1 nerve impingement, it’s essential to tie that directly to the client’s complaints of pain radiating down their legs (sciatica). This correlation between medical findings and pain symptoms strengthens the argument that the injury is traumatic and not simply the result of natural degeneration.
4. Highlighting Functional Impact:
- Spinal cord injuries affect both motor and sensory functions. In addition to describing the pain, emphasize the impact on the client’s life, such as difficulty performing daily tasks, reduced mobility, or the potential need for surgery or long-term pain management. This paints a vivid picture of how the injury has diminished their quality of life.
Persuading the Insurance Company to Settle
A successful Stowers demand places the insurance company in a position where refusing to settle would expose them to significant financial risk. The following strategies can be employed to increase the chances of a fair settlement:
- Threat of Excess Judgment: Highlight how Texas juries tend to favor plaintiffs in serious injury cases, especially where negligence is clear and the injuries are severe. For instance, if the client’s long-term prognosis includes the likelihood of future surgeries, extended medical care, or permanent disability, the insurance company may prefer to settle rather than risk an unpredictable jury verdict.
- Focus on Emotional Impact: Incorporate client testimonials that explain the pain and suffering caused by the injury. Even if the medical evidence is somewhat ambiguous, emotional narratives — such as how the injury has disrupted their ability to work or care for their family — can sway an adjuster.
- Negotiation Tactics: While adjusters may initially offer low settlements, understanding their motivations can be key to pushing for a higher settlement. Many adjusters are under pressure to settle cases quickly and may have more authority than they initially let on. Presenting a compelling Stowers demand based on the severity of the injuries and the risk of a high jury verdict can often lead them to increase their offer.
Conclusion
For Texas injury attorneys, mastering the medical nuances of spinal injuries is essential to presenting a persuasive Stowers demand. A thorough understanding of medical terminology and a strong narrative linking the injury to the accident can help attorneys negotiate higher settlements. While spinal injuries may be ambiguous, the use of precise language and a clear distinction between trauma and degeneration can tip the scales in favor of your client, ensuring they receive the compensation they deserve for their pain, suffering, and long-term medical needs.
anderson@trialtribe.com
