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Brain & Spinal Injury Results

$3,400,000 – Structured Settlement for Brain Injured 11 Year Old Child

Our 11-year-old client was playing in the central common area of the apartment complex in which his family lived in the city of Eagle Rock. While he was walking backwards, he tripped in a pothole, fell and struck his head on the pavement. Our client fractured his skull and underwent emergency craniotomy surgery for a subdural hematoma. As a result of the blow to his head, he suffered a traumatic brain injury. The medical experts concluded our client’s cognitive and neurological impairment would be permanent and that he would suffer from memory problems, depression and anxiety indefinitely. Our client went from being an “A” student to a “C and D” student in school. A post-accident IQ test showed our client’s IQ at 71. We argued that our client would not graduate from high school and would end up as a part time wage earner. The defendant vigorously disputed liability, contending the evidence failed to establish our client fell in the hole, and there were no eyewitnesses to the fall. The defendant’s experts said it was physically impossible for our client to have fallen in the hole, and he must have tripped over his own feet because he was walking backwards. With a thorough investigation, we uncovered evidence that the City of Los Angeles Building & Safety Department had inspected the property 17 days before the accident and had issued five citations for 38 different substandard and building code violations, including a citation for the pothole that we claimed was the cause of our client’s injury. We argued the defendant had actual notice of the dangerous condition 17 days prior to the accident and that she had the opportunity and responsibility to make repairs to her property. Our client had $65,000 in medical bills, and we presented evidence of $700,000 in future medical expenses with $2,000,000 in future loss of income over our client’s lifetime. After two mediations, the defendant agreed to pay a structured settlement with a $3,400,000 payout over our client’s lifetime. This settlement provided the money necessary for the care, counseling, support and psychotherapy our client will require in the future.
Click here to view the published Trials Digest report

$2,750,000 – Fractured Neck, Spinal Injuries & Traumatic Brain Injury

Our brain and spinal injury accident attorney successfully negotiated a $2,750,000 settlement at mediation for our 46-year-old construction worker client who suffered serious and disabling spinal injuries and a traumatic brain injury as a result of a rollover bus accident. The bus driver fell asleep at the wheel; the bus veered off the roadway and rolled down an embankment. Our client was transported by helicopter to the hospital and underwent cervical spine fusion surgery at three levels to repair a broken neck. He was hospitalized for a total of 34 days. A life care plan we prepared demonstrated that as a result of his injuries our client would require $1,680,000 in future care and that he was no longer able to work due to his injuries and disability. The defendant bus company argued that our client was an alcoholic, who had been arrested on numerous occasions, had been in and out of jail, had a sporadic work history and therefore should not be compensated for lost wages. The hospital records also demonstrated that our client had ingested cocaine shortly before the accident. The defendant contended that any disability was a result of our client’s long history of drug and alcohol abuse and not from his injuries. We overcame these defenses, and the settlement fully compensated our client for the care he would require in the future due to his spinal and brain injuries.
Click here to view the published Trials Digest report

$2,300,000 – Off Duty Police Officer Disabled in Side Swipe Accident

Our 32-year-old off duty Los Angeles County Police Department (LACPD) officer was on his way to work on his 2005 Yamaha motorcycle northbound on the 101 Freeway. A 70-year-old architect employed by the City of Los Angeles, driving the City owned 2004 Honda Civic, swerved to avoid slowing traffic and struck our client’s motorcycle. Our client’s motorcycle was knocked to the ground, and he slid across 40 feet of pavement. Even though he was wearing a helmet and full body armor, our client sustained significant injuries to his knee and his spine. Our client sustained spinal herniated discs and nerve root stretch injuries in his low back that he claimed permanently disabled him from working as a police officer. Our client had $135,000 in medical expenses. Our vocational rehabilitation and economist experts calculated our client’s future loss of earnings at $2,000,000 as a result of his inability to work as a police officer. On the day of trial, the City finally agreed to pay $2,300,000 to resolve our client’s case.
Click here to view the published Trials Digest report

$1,000,000 – Traumatic Brain Injury from Amusement Park Accident

Our client, a 42-year-old real estate investor, his wife and his four-year-old son were riding on a Ferris wheel at an elementary school Halloween festival operated by Defendant James Productions, Inc. A metal bar used in storing the seats caught on the bottom of one of the Ferris wheel seats. The seat rack also caught on a portion of the base of the Ferris wheel, and when sufficient torque and force built up, the bar “boomeranged,” striking our client in the head and shoulders. He was rushed to UCLA Medical Center for emergency treatment. Our client suffered a mild traumatic brain injury as a result of the blow to his head, resulting in mild cognitive and executive functioning deficits, requiring cognitive therapy. We argued that the mild brain injury impaired our client’s ability to work effectively at his job as a real estate investor and that his future earnings would be reduced. The defendant said it was not responsible for the accident. The defendant also argued that our client had no brain injury and no cognitive deficits, and its neuropsychological expert opined that, while our client’s symptoms were real, they were not the result of a brain injury but rather temporary residual psychological effects from the incident, exacerbated by a family history of mental illness. Our client had $50,000 in medical bills. We retained accident reconstruction, economic, neurological and neuropsychological experts to demonstrate our client’s injuries and the negligence of the defendant ride operator. Four weeks before trial, the defendant paid its $1,000,000 insurance policy limits providing our client with full compensation for his injuries.
Click here to view the published Trials Digest report