The Case of Emily Lowery (State Civil Injury)

Emily was a newlywed. Her husband had a good job driving a gravel truck. They had plans for their future like everyone does. These plans ended one day when another dump truck pulled in front of Emily’s husband’s truck. The resulting collision caused his death. Emily was devastated.

Emily came to Coxwell & Associates, PLLC for help. We tried to resolve the case but the insurance company representing the truck that pulled out in front of Emily’s husband said no. We filed a civil action. The company fought us claiming it was the fault of Emily’s husband. You can imagine how this made Emily feel; to lose her husband and then to have an insurance company blaming his conduct for his death. We hired an accident reconstructionist. The insurance company hired an accident reconstructionist also.

If you don’t know about civil cases let me explain very quickly. Once a lawsuit filed both sides can engage in discovery. Discovery is a legal terms and it means each side can require the other side to answer question on paper, admit to facts, and appear for a deposition and answer questions under oath (sworn under oath). We got right after the other side’s expert, attacking his opinions and conclusions. My partner Chuck, dismantled the expert’s opinion. Chuck made the other side’s expert our expert!. This case quickly settled for a confidential sum. The case is over. Emily will always carry the love and loss in her heart for her deceased husband. She has to move forward now. We are confident she will move forward and grow as a person.

Let me say one thing before I finish this story. Insurance companies spend millions of dollars on ads attacking attorneys and trying to make YOU feel guilty about using your rights. The legal system plays a valuable role in America solving disputes so people will not take justice into their own hands. The American Justice System is not perfect. It is administered by human beings who naturally come to the system with emotional issues, prejudices, and self-dealings. But I challenge you to propose a different system. The Insurance companies want a different system. They want a system where your rights are limited. They want a system of “one size fits all.” Remember this: Money damages is all the law can offer when you are hurt. The person who ignored the safety rules and caused the harm cannot undo the damage, can he? Money damages is not a dirty word. It is all you can receive when you have suffered harms and loss due to someone or some corporation’s failure to follow the Rules of Safety.


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