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Settlements

$1.5 Million: Wrongful Death

"The decedent was on his first week of work as a truck driver when he was struck and killed by another truck in a freeway accident. The decedent had pulled to the shoulder of the freeway and exited his vehicle to adjust his load prior to being struck. The defendant trucking company alleged that decedent was out on the roadway at the time he was hit. We filed suit on behalf of the drivers widow and 2 children and were able to prove that the deceased was lawfully inside the "gore point" of the freeway shoulder when the accident occurred. Defendants settlement offer increased dramatically during jury selection."

$1,000,000.00: (policy limits) - Pedestrian/Fracture Injury:

"Plaintiff is a 55 year old cleaning lady who was injured while walking home from work. She was on the sidewalk when the driver of a truck pulled out of a parking lot without looking and hit her. She suffered broken ribs, a broken leg and fractured knee cap, and had scarring on the lower part of her legs. We prepared a detailed settlement demand documented by pictures, medical reports and drawings, and were able to get the insurance company to pay the maximum allowed under the defendants policy without filing a lawsuit. With a great attitude and hard work during physical therapy, our client has achieved a great recovery."

$850,000: Neck Surgery/Truck Accident:

"Plaintiff was a truck driver who was rear-ended by pickup truck pulling a boat. The defendant driver claimed that failure of the brakes on the boat trailer caused the accident. Our investigation determined that the boat trailer's brakes had recently been serviced by the dealer that sold the boat and trailer, and that the negligence of the dealer and the trailer manufacturer contributed to the accident."

$600,000: Auto-Truck Accident/Bone Fractures:

"Defendant, a landscape company owner on his way home from work, failed to see our client and made a left turn directly in front of him. Our client's vehicle sustained major damage and he was taken by ambulance to the hospital. Although liability was fairly clear, defendant's did try to raise an issue by claiming plaintiff failed to have his headlights on and was not wearing a seat belt. We proved our client was in fact wearing his seat belt and did have his head lights on. Our client, a 37 year old Russian immigrant employed as a truck driving dispatcher, sustained the following injuries: Broken nose, small (1/2 inch scar near his left eyebrow, comminuted talus (ankle) fracture. Total gross medical bills approximately $100,000. His wage loss was less than $20,000. Defendants contested the nature and extent of the injuries along with the need for future treatment. The case settled at mediation for $600,000. We prepared a multi-media presentation at the mediation. The defense attorneys, insurance representatives and mediator all commented who impressive the presentation was and how it significantly effected their evaluation of the case. The mediator, a retired attorney with over 30 years experience, commented this was the largest ankle fracture settlement he had ever seen or heard of."

$500,000: Bus v. Bicycle Collision

"We represented a homeless woman who was hit by a bus while riding her bicycle in a crosswalk. Our client was riding her bicycle at night without any reflective lighting on her bicycle as required by the California Vehicle Code. In addition, witnesses testified she was riding on the sidewalk before entering the crosswalk, a violation of the City ordinance. She was struck in the crosswalk by a bus making a right hand turn. The investigating police officers determined our client was solely responsible for the accident. Defendant's also claimed our client was not visible because of her dark clothes and lack reflective lighting. We hired a forensic photographer and an accident reconstruction expert to prove that the bus operator should have seen our client if she were looking. Our client suffered a significant left leg injury and was hospitalized at UC Davis for a couple of months. The case settled a few days before trial. No offers were ever made until the case settled at mediation."

$500,000: Wrongful Death

"We represented the parents of a two year old girl who was killed when she was run over by defendants' van. The defendants argued that they were not negligent because the defendant driver could not see the girl when he got in his van and he assumed that her mother or the other adults present were watching her. We were able to recreate what defendant should have seen using state of the art testing and were able to prove that defendant should have seen the girl prior to starting his van. The case was settled on the first day of trial because the parents wanted to put the litigation behind them and avoid the emotional impact of trial."

$390,000: Big Rig Accident

"We represented a 52 year old bus driver who was rear ended in a construction zone on Highway 99 by a big rig truck. Two years after the accident, our client underwent low back surgery. Medical records from before the accident indicated that he had been seen by doctor's for "chronic" low back pain. The defense contended that with his prior condition, and with the strain of working as a bus driver, our client was going to have low back surgery even if the accident hadn't occurred. They offered $100,000 before trial. At trial, we proved that the collision caused the onset of the radicular leg pain that made surgery necessary and the jury returned a verdict in our favor. "

$325,000: Soft Tissue Neck Injury

"Plaintiff is a 41 year old truck driver who delivered and installed machinery. He was rear ended by another truck and sustained soft-tissue neck and back injuries. After continuing to work for almost a year, he was no longer able to continue performing his physically demanding job, and was ultimately retrained as a computer network technician. The defendants hired five different experts who testified as follows: 1) the defendant was not responsible for causing the accident because he was coming around a blind curve; 2) the impact involved in the accident was too minor to cause serious injury to our client; 3) our client should have recovered from his injuries within three months; and 4) our client could have continued his work as a delivery driver and installer. We proved that the defendant was the only person responsible for causing the accident, and that the accident did cause injuries that prevented our client from continuing to work at his job."

$285,000: Stroke/Automobile Accident

"Plaintiff was involved in a head on automobile collision and taken to the hospital where it was determined that he had suffered a mild stroke. The defense claimed that plaintiff's stroke was what caused the accident. We were able to prove the stroke occurred as a result of the accident and the defense offered to settle."

$250,000: Fracture/Pedestrian Accident

"Plaintiff was a pedestrian that was struck by a vehicle while walking in a bike lane.Plaintiff suffered a right fibula fracture and an avulsion fracture of medial malleous of the tibia. Plaintiff was unemployed at the time of the accident."

$230,000: Back Surgery/Car Accident

"Plaintiff was rear-ended on the freeway at a high rate of speed. Plaintiff had undergone 4 prior back surgeries and was being evaluated for a fifth surgery before the subject accident occurred. Subsequent to the accident plaintiff had the surgery. Defendant's disputed that the accident caused plaintiff to have the surgery."

$100,000: (policy limits) - Uninsured Motorist

"Plaintiff was struck in the rear of his vehicle by an unknown vehicle that fled the scene. Plaintiff's insurance company disputed the accident occurred and questioned the nature and extent of plaintiff's injuries."

$90,000: Neck Pain/Rear-End Vehicle Collision

"Plaintiff was involved in a rear-end automobile accident wherein his vehicle sustained minor visible property damage. Plaintiff had prior ongoing neck pain and had consulted with doctors about surgery prior to the accident. Defendant's lawyers alleged the forces involved in the accident were too minor to cause any injury."

 

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Demas & Rosenthal

Address: 701 Howe Ave, Suite A-1
Sacramento, CA 95825
Tel: 916-442-9000
Toll Free: 800-717-1111

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Starting in July 2008, California will have a minimum $20 fine for anyone caught driving and using a cell phone unless the driver uses a headset, ear bud or other technology that frees both hands.

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