Verdicts and Settlements (Continued)
Disputed liability vehicle vs. motorcycle collision - Client suffered a traumatic brain injury (TBI) with sequela; right orbital floor blow-out fracture; and right zygomatic complex fracture.
Settlement – Disputed Liability Motorcycle Accident - Our client, a motorcyclist who was in training to become a firefighter, was involved in a collision with another vehicle and suffered a closed comminuted displaced fracture of the shaft of his left clavicle, as well as a concussion. The other driver contended that our client was speeding, driving unsafely, and as a result was primarily responsible for the incident. Initially, counsel for the other driver was unwilling to offer any settlement. We secured a settlement on our client’s behalf after several weeks of negotiations.
Motor vehicle collision - Client suffered injuries to neck tissues and structures including herniated disc at C5-6.
Motor vehicle vs. Pedestrian collision - Our client, a high school student, was crossing a street near his school in a crosswalk following a football game. As he was proceeding through the crosswalk, an individual driving at an excessive speed struck our client, throwing his body in the air and ultimately landing over twenty feet from the point of impact.
Our client, unconscious at the scene, was transported by ambulance to a nearby hospital. As a result of the collision, he suffered a closed head injury and bruised abdomen. Doctors initially believed he might have ruptured his pancreas.
Our client was evaluated by a neuropsychologist who found mild cognitive deficits possibly as a result of right temporal and frontal lobe damage. The case was complicated by allegations that our client had been drinking alcohol before the accident and unsafely ran into the street preventing the motor vehicle a reasonable opportunity to stop.
Rear-end Motor Vehicle Collision - Client suffered herniated cervical disks at C5-6 and C6-7 that required cervical fusion surgery. The defense alleged the herniations and symptoms were pre-existing, based upon client having had numerous chiropractic treatments in the years pre-accident (actually more visits in the year before the collision than in the year after). Policy limits were paid.
Motor vehicle collision - Client suffered multiple herniated cervical discs and bony hypertrophic changes with spinal cord impingement.
Motor vehicle collision - Our client was a passenger in a vehicle that did a U-turn in front of a vehicle moving at a high rate of speed. The resulting impact caused our client to lose consciousness. She was transported to UC Davis hospital. Additionally, she sustained an endplate compression fracture of her thoracic spine. Her medical bills alone were nearly $182,000.00 which allowed us to quickly settle her claim for the at-fault driver's policy limits. This office obtained a reduction of her medical bills by $100,000.00 allowing the client to obtain a recovery from her settlement.
Auto vs. Auto - Our client was a 35-five-year-old man driving an older model pick-up truck. He was rear-ended and upon impact, his head snapped back and hit the glass window behind his head. This resulted in disk protrusions at C4, C5, C6, and C7 with impingement of the nerve roots at C7 and C8. The case settled for policy limits.
Settlement – Wrong Death Settlement – Disputed Liability Semi-Truck Collision We represented the mother of a young man killed in an auto collision that the CHP concluded was his fault. We argued that despite the conclusions of the traffic collision report, the other party in the case, a semi-truck driver, possessed some responsibility based on various factors. We ultimately achieved a settlement at mediation.
Slip-and-fall incident - Client was walking from his apartment to his car and slipped on the muddy ground near his parking space, suffering multiple fractures and dislocations to his ankle with permanent residual problems. Our office retained a human factors expert who helped prove that the parking area layout led the client to walk in this poorly illuminated area that had also been improperly maintained. Case resolved at mediation.
Motor vehicle collision - Client suffered torn and herniated symptomatic discs at four levels in the cervical spine, and anterior tear with disruption along the anterior aspect of the superior C4 endplate at C3-4.
Slip and fall incident - Client suffered injuries to the tissues and structures of the left lower extremity including but not limited to a quadriceps tendon rupture and torn medial and lateral retinacula.
Car vs motorcycle - We obtained a pre-trial settlement in this matter arising from a car vs. motorcycle collision in which our client sustained neck and back injuries when ejected from a motorcycle, incurring approximately $55,000.00 in initial hospitalization care. Subsequent to the initial treatment client had little additional care other than ongoing medication usage in the two years that followed.
The client received no injections, did not have disc injuries directly related to the incident and, in fact, had pre-accident medical conditions that mirrored the symptoms he had after the incident.
Settled three days prior to trial despite the defendant's contentions that the client suffered only soft tissue injuries in the accident.
Settlement - Pedestrian stepped put from a median lane and was struck by two cars. Our office obtained a settlement arguing that defendant driver did not keep a proper lookout and should have been able to slow down and either avoid entirely or strike the injured party with less force if they had been paying attention to the roadway.
Motor vehicle collision - Client suffered a disc herniation causing spinal cord compression at C4-5 and multi-level spinal canal and cord compromise with clinical evidence of cervical myelopathy.
Motor vehicle collision - Client suffered an exacerbation of a pre-existing lumbar disc herniation, traumatic brain injury with cognitive disturbance, episodic headaches, and post-concussion syndrome.
Motor vehicle collision - Client suffered an intervertebral disc derangement with posterior disc protrusion and annular tearing at C3-4, C4-5, and C6-7.
Motor vehicle collision - Client suffered concussion; cognitive impairment; cognitive deficits; C6-7 disc protrusion with foraminal narrowing; and an L4-L5 disc bulge with facet hypertrophy.
Motor vehicle collision - Client suffered a foot lisfranc fracture/dislocation and traumatic hernia.
Motor vehicle collision - Client suffered an L5-S1 herniated nucleus pulposus, lumbar strain, and aggravation of non-symptomatic spondolythesis with L5-S1 instability.
Motor vehicle collision - Client suffered a fractured L1 vertebra.
Motor vehicle v. Pedestrian Collision - Our client, a UC Davis student, was crossing Old Davis Road using the pedestrian crosswalk provided for the students on campus at the University of California - Davis.
The at-fault driver informed the police that he did see our client in the crosswalk, but he failed to remain stopped. Recklessly, and without concern for others, he attempted to speed through, but unfortunately, our client stood in his way.
According to multiple witness statements, our client’s body was tossed in the air like a rag doll and landed on the hood of the at-fault party’s vehicle. Records indicate that our client’s body caused a sizable dent where her body hit the hood of the car.
Our client suffered Severe Comminuted Clavicle Fracture; Traumatic Brain Injury/Closed Head Injury with Concussion; Continuing Cognitive Deficiencies; Depression and Anxiety; Occult Mesenteric Injury; Left Hip Abrasion and Bruising; Post Traumatic Stress Disorder; Adjustment Disorder with Anxiety and Depression; Left Elbow Abrasions; Left Hand Abrasions; Left Hand Paresthesias; Chest Wall Contusions and Abrasions; Left and Right Foot Abrasions and Pain; Facial Abrasions and Facial Pain; Left Knuckle Abrasions; Left Upper Extremity Pain; Left ; Severe and Debilitating Headaches; Soft Tissue Swelling of the Left Clavicle.
Per our client's wishes, we settled her case without the need for litigation.
Dog bite incident - Client suffered the loss of leg tissue requiring a debridement of necrotic tissue.
Boat vs. Boat collision on the Sacramento River - This case involved complicated injuries to our client’s right knee which ultimately required surgery and which resulted in her facing a lifetime problem of a higher chance of developing “deep venous thrombosis” as the result of the crush injury which occurred when our client was attempting to stop a boat, traveling in reverse, from hitting another boat. At the moment of impact, the boat’s operator started the motor, in reverse, causing the two vessels to collide and partially crush our client’s leg. Through the use of noted experts in the Maritime Law field, and through diligent discovery efforts by our office, we were able to resolve this case for $160,000.00 and entirely eliminate our client’s need to repay her medical providers – despite contentions by the defense that our client, had assumed the risk of injury by stepping out onto the swim platform and trying to stop the two vessels from hitting.
Motor vehicle collision.
Vehicle vs. Vehicle collision - Our client was rear-ended at considerable speeds when she was forced to stop her vehicle on the freeway as the result of lost cargo in a vehicle ahead of her. She was then rear-ended by another vehicle. We were successful in obtaining policy limits from Allstate (despite an initial denial of liability) who insured the vehicle who lost the cargo, and another $100,000.00 from the carrier for the vehicle that rear-ended our client who sustained shoulder and neck injuries requiring surgery to her shoulder on two occasions.
Motor vehicle collision - Client suffered a severe laceration to left elbow; initiation/aggravation of stress reaction to trauma resulting in and/or contributing to increase in anxiety and blood pressure levels and requiring medical care; anxiety disorder; and fractures of several ribs.
Motor vehicle collision - Client suffered a closed head/traumatic brain injury and forehead laceration.
Motor vehicle collision - Client suffered injuries and damage to tissues and structures of the spine including disc bulging and herniation at two levels in the cervical spine.
Auto vs. Refrigerated Truck - Our client was an 88-year-old retired father, grandfather and recent widower. While stopped at a red light he was rear-ended at a high rate of speed causing the glass of most of the vehicle's windows to break. He sustained severe lacerations to his hands, arms, and head as a result. Despite medical treatment, cellulitis in his arms and had occurred. He also lost a tooth and broke his eyeglasses in the collision. The client was so shaken up by this near-death experience that he stopped driving after the collision.
Motor vehicle collision - Client suffered a C5-6 disc protrusion with decreased heights, desiccation, and 2-3 mm of broad-based posterior protrusion/spur effacing the thecal sac and abutting the spinal cord.
Slip and Fall - We have obtained a $130,000.00 settlement of this very difficult and medically complex case. Our client was volunteering in the kitchen of her church when she slipped in a puddle of hot cooking oil and fell to the floor. In doing so, she suffered a rotator cuff tear and lumbar injuries.
The Defense, in this case, attempted to minimize our client’s injuries on the basis of her medical history, which included some lower back problems, as well as the fact that she could not undergo shoulder surgery because of her general poor health.
Despite the Defense's initial position, we were ultimately able to obtain a settlement that will allow our client to afford future medical care for her shoulder.
Motor vehicle collision - Client suffered a punctured lung with surgery, fractured ribs, right shoulder impingement/"frozen shoulder", TMJ, sternum contusions, and severe headaches.
Wrongful Death Case Motor Vehicle Collision - Client was a 22-year-old female who was traveling along highway 50 in Rancho Cordova, CA. The defendant failed to remain in his lane and crossed over into oncoming traffic. The three car impact resulted in the fatality of both the client and the defendant driver. Despite having a significant case value, the claim was resolved for the maximum policy limits of the defendant driver.
Motor vehicle collision - Client, a 32-year-old woman, was injured in a moderate rear-end impact, sustaining neck and back injuries including a disc injury at L4-L5. Client received some symptomatic relief from conservative chiropractic care, however, her low back pain remained persistent. Following MRI studies that revealed a lumbar disc injury, she was referred to a spine specialist M.D., from whom she received additional physical therapy, spinal decompression, and paraspinal injections.
The opposing insurance company’s primary argument was about a five-month gap in treatment that occurred during the client’s final months of pregnancy and recovery after her child was born. The insurance company insisted that treatment afterward (which was more than two-thirds of the treatment and medical expenses) was related to stresses from the pregnancy and not the original injury.
Settled during litigation for $120,000.00.
Slip and fall incident - Right ankle fracture.
Motor vehicle vs. Pedestrian-Motor Vehicle Collision - Our client had just parked his car on J Street in downtown Sacramento, California. He exited his vehicle to join his wife who was waiting for him on her side of the car. Suddenly and without warning, our client was violently hit on his back by something solid. He recalls his body being whipped and flipped around several times causing him to land on the hood of his car. He also recalled something hitting his lower leg.
Police and emergency medical personnel arrived at the scene. A police report was ultimately prepared. The at-fault driver, a PG&E employee, admitted to not noticing our client at first and in his opinion it seemed our client ‘appeared all of a sudden.’ The side mirror of the PG&E vehicle had struck our client's back.
Our client suffered: Compression Fracture of the Spine at T8; Right Paracentral Disc Protrusion at T6-7 Indenting the Spinal Cord; Lung Contusion Causing Pain with Breathing; Abrasion to Back at the Thoracic Spine; Abrasion to Right Lower Extremity; Right Heel Pain Increased With Walking; Right Foot Pain; Cervical Neck Strain/Sprain with Pain Radiating Into his Right Scapula; Cervical Spasms and Tenderness; Thoracic Spasms, Pain and Tenderness; Lumbago (low back pain); and Thoracic Stiffness Resulting in Thoracic Loss of Motion
The defense in this case not only argued that the collision was, at least partially, our client's fault, but also that the compression fracture in his back pre-existing the subject incident.
We filed a lawsuit on our client's behalf, but shortly thereafter was able to settle this case.
Slip and fall incident - Client suffered a trimalleolar fracture of the right ankle.
Motor vehicle collision - Client suffered retrolisthesis of approximately 4 mm at C4 relative to C5.
Motor vehicle collision - Client suffered bilateral carpal tunnel syndrome, a temporomandibular joint disorder, and activation of pre-existing but asymptomatic spinal degenerative disease.
Motor vehicle collision - The client was a 49-year-old female who was the front passenger in a vehicle. The defendant failed to remain in his lane and crossed over in oncoming traffic causing a head-on collision. After being taken by ambulance and given multiple radiological exams, the client was diagnosed with multiple injuries including a compression fracture of the lumbar spine. Despite having a significant case value, the claim was resolved for the maximum policy limits of the defendant driver.
Motor Vehicle Collision - As a result of a motor vehicle collision, our client suffered a Central Annular Tear at L5-S1, Bulging Disc at L4-L5, Bulging Disc at C5-C6, Neck Spasms, Radiculopathy, Chronic Neck Pain and Chronic Lower Back Pain, Back Spasms, Pain and Radiculopathy down Legs, Shoulder and Arm Pain, Chest Pain, Hip Pain, Headaches, Dizziness, Difficulty Sleeping and Fatigue.
The defense, in this case, argued that: 1. Our client was exaggerating her symptoms; and 2. Any injuries she had pre-existed the subject collision.
We filed a lawsuit on our client's behalf. Shortly before trial, the defense tendered their client's total insurance policy to settle this case where previously they were only offering a fraction that this amount.
Auto vs. Auto accident in Sacramento - We obtained the policy limits from Allstate Insurance Company in this matter following Arbitration in which the arbitrator determined our client's eye condition had been changed, for the worse, and determined that she was likely to lose her sight earlier, and suffer other ill effects of strong steroid usage, than had the accident not happened. This case involved Behcet's disease made worse by an automobile accident.
Motor vehicle collision - Client suffered a mild brain injury with loss of consciousness and chondromalacia of the right patella.
Motor vehicle collision - Client suffered multilevel herniations at L2-3, L3-4, L4-5, and L5-S1.
Motor vehicle collision - Client suffered injuries to fingers on the left hand requiring plastic surgery.
Motor Vehicle Collision - The client was 58 years old at the time of the collision. He suffered a disc herniation at C5-6 in a rear-end accident in which his vehicle was totaled. He had approximately $30,000.00 in medical bills which included physical therapy and injections. No wage loss. The insurance carrier paid the $100,000 policy limits.
Motor vehicle collision - Client suffered a right tibial plateau fracture and post-traumatic degenerative arthritis lateral aspect of the left knee directly related to the depressed lateral tibial plateau fracture.
Motor vehicle collision - Our client was a passenger in a vehicle driven by a friend. The driver fell asleep at the wheel and crashed into a tree. Plaintiff sustained a burst fracture to one of her lumbar disks. The case settled for the policy limits.
Slip and fall incident - Client suffered a displaced fracture of the right humeral head and torn the right rotator cuff.
Motor vehicle collision - Client suffered multiple disc protrusions throughout the cervical spine, shoulder strains, fibromyalgia, and patella femoral syndrome in both knees.
Motor vehicle collision - Client suffered numerous broken ribs and a cardiac contusion.
Vehicle vs. pedestrian incident - Client suffered leg fractures.
Motor vehicle collision - Client suffered soft tissue neck and back injuries, as well as internal bleeding.
Motor vehicle collision - Client suffered aggravation of an osteoarthritic condition in the left shoulder.
Motor vehicle collision - Client suffered low back injuries involving a left L5-S1 disc protrusion.
Hit and Run motor vehicle collision - Client suffered a three-part proximal right humeral head (shoulder) fracture; distal right comminuted radius (wrist) fracture; and a split depressed lateral tibial plateau (left knee) fracture.
Motor vehicle collision - Client suffered a complex laceration to the top of the left foot.
Sport utility vehicle vs. motorcycle collision - Client suffered a closed compression fracture to the mid-shaft of the right femur.
Motor vehicle collision - Client suffered a disc bulge with impingement at L4-5 and L5-S1 resulting in radicular symptoms into the left hip and left lower extremity.
Motor vehicle collision - Client suffered a right arm and shoulder injury.
Multi-vehicle collision - Client suffered a left femur fracture and intra-articular left distal tibia/fibular fracture.
Motor vehicle collision - Client suffered a first-degree acromioclavicular separation, probable supraspinatus tear, impingement syndrome of the right shoulder, and ulnar nerve entrapment.
Motor vehicle collision - Our client was a passenger in a vehicle driven by a friend. The driver fell asleep at the wheel and crashed into a tree. The client sustained a burst fracture to one of her lumbar disks. The case settled for the policy limits.
Motor vehicle collision - Client suffered a left lateral protrusion at L4-5 abutting the left L4 root; right-sided lateral protrusion with annular disruption at L5-S1; and bilateral facet hypertrophy at L4/5 and L5/S1.
Motor vehicle collision - Client suffered a disc posterior protrusion at L5-S1 with associated annular tear.
Dog Bite Claim - Our client was in his front yard with his mother, brother, and small daughter. The client’s mother had a small dog on a leash next to her. The client’s neighbor exited the home with an unleashed dog which lunged to attack. The client scooped up his mother’s dog in an attempt to protect it and in the process was violently bitten by the neighbor's dog. Some of the injuries sustained to the client include a fracture of one his fingers, the dislocation of a joint in one of his hands, lacerations, cellulitis, and nerve damage. The policy limits associated with the negligent homeowner was $100,000.00. The case settled for policy limits. Medical bills were in excess of the policy limits and this office successfully reduced these bills allowing for the client to obtain a recovery.
Motor vehicle collision - Client suffered initiation/aggravation of previously asymptomatic neck pain also resulting in post-accident pain/numbness/tingling into both upper extremities/hands.
Vehicle vs. motorcycle collision - Client suffered T12 and L1 compression fractures and acute incarceration of the right testicle in the inguinal canal.
Motor vehicle collision - Client suffered an L4-5 left extruded disc herniated nucleus pulposus with foot drop weakness.
Motorcycle Accident - Our client suffered a disc injury in his back as a result of a motor vehicle collision. Specifically, our client endured an annular tear in his L5/S1 disc. Our client obtained chiropractic treatment, consulted with a back specialist, and had a couple epidural injections to help with the pain. We quickly obtained the total $100,000 insurance policy available to our client from the negligent driver who caused the collision.
Motor Vehicle Accident - Our client injured her L5/S1 disc in a motor vehicle collision, not her fault. Her symptoms following the collision included: low back pain; lumbar facet pain; lumbar discogenic pain; and sacroiliac joint pain. She obtained medical treatment with a chiropractor, a physical therapist, and a spine specialist who performed a steroidal epidural injection into her low back to help alleviate some of her symptoms. We were quickly able to obtain the total $100,000 liability insurance policy that was available to our client from the person who caused the motor vehicle collision.
Please keep in mind the value of cases varies dramatically depending on various and numerous factors and not simply a specific injury. The above is meant to be illustrative only of settlements and victories obtained. They are not to be construed as a guarantee or a likelihood that we will obtain these or similar amounts for your case.
Question: Does The Law Offices of Edward A. Smith handle cases with a value less than $100,000?
Answer: Not intentionally. Unless there are special circumstances, we only represent clients who have a legal and moral right to recover at least $100,000. The actual minimum amount depends upon the circumstances. The minimum for a clear liability auto accident case would be much lower than for an auto products liability case where car-to-car crash testing is necessary.