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Articles Posted in Verdicts and Settlements

We obtained a settlement of $140,000 for a Los Angeles car accident victim, for an accident that the insurance company tried to call a minor impact. This accident occurred because the other party failed to properly stop at a stop sign and collided with our client, who stopped and waited for her turn to go and went when it was her turn. Sometimes a case like this can be difficult because without witnesses, both parties may accuse the other party of not stopping.

We were able to overcome this liability hurdle on the stop sign case as our client was more credible than the other party. The next hurdle was that there was not very much damage to our client’s car, so the insurance company tried to consider it a minor impact, an excuse they would try to use to pay less money for our client’s injuries and damages.

The estimate for the vehicle came out to be under $6,000, but our client was legitimately injured and received the medical care that she needed to get better for her injuries, that were caused by the other party. If the insurance company used the property damage excuse to pay an unreasonably low amount, we would have filed a lawsuit and litigated the case, but our approach is to try to resolve claims without litigation if possible, this way it saves the client time and money. Since we were able to get a fair settlement for our client through negotiations, a lawsuit was not necessary and our client was very thankful and happy. That is our number one goal, to have a happy client at the end. We are not a mill law firm with thousands of clients. We give our clients close personal attention and we think that leads to the best results for our clients. If you are injured in an accident, even if the damage to the car is nothing major, you still have a case and we are happy to help you get the compensation you deserve.

Last week we were able to obtain the full policy limits for a client who was in a Baldwin Park car accident where she was placed at fault in the police report (traffic collision report).  Our client was placed at fault because she was making a left turn and the other vehicle was going straight. The police said she violated California vehicle code section 22107, unsafe left turn.

However, in this circumstance, we still took her case because we believed her that the other party was speeding, even if it was not captured on video. We were fortunately able to show that the other car was speeding and that was why her turn turned out to be unsafe. We were able to get the other driver’s insurance to pay their full liability policy limits. Not only that, but we also obtained the full underinsured motorist policy limits for our client.

Many people do not understand how underinsured motorist coverage works in California. First, you need to have more uninsured/underinsured motorist coverage than the other person’s liability coverage. If you have the same amount, they cancel out and you cannot use your underinsured motorist coverage.  Once you are able to get the full policy limits from the other party, then you can make your underinsured motorist claim with your own insurance company. For example, in this scenario, the other person had $25,000 in liability coverage and our client had $50,000 in uninsured motorist coverage. So after we obtained the first $25,000 from the other party, then our client’s coverage kicked with the underinsured motorist portion of another $25,000. Since the policies do not stack in California, our client’s insurance gets to write off the first $25,000 and they paid an additional $25,000 so the full settlement comes out to $50,000, which was the maximum amount obtainable in this circumstance.

Our California personal injury lawyers were referred a case from a lawyer in Texas who attempted to handle a Riverside freeway truck accident, where one truck side swiped another truck. The client originally hired a law firm in Texas as he lives in Texas and received his medical treatment there. The insurance for the truck denied the claim and said that there was no injury as the police report listed the damage to the vehicles as “minor”. Since the prior attorney was not able to get an offer from the truck company, he referred the case to our firm.

Our firm filed a lawsuit against the truck company that caused the accident and we litigated the case. After some litigation, our attorney was able to settle the case at Mediation for $100,000.00 for our client. There are certain situations where the insurance company for the responsible party doesn’t take a case seriously until a lawsuit is filed and they realize that they face exposure at trial. This was one of those cases and the mediator helped bring all the parties together towards a fair resolution for our client.

We do not handle Texas injury and wrongful death claims, but we do have friends in Texas who can help with any Texas accident injury or wrongful death claim. If you are injured in Texas, contact us right away and we will guide you in the right direction towards an attorney who will fight hard for you to get you the best result possible. Handling a case in Texas is different from California for many reasons. Knowing the local system and rules is important. We can help you get the guidance you need for your Texas injury or wrongful death claim.

Mediation is a very important tool for resolving California car accident injury and wrongful death claims. Recently, we settled a Riverside rear end car accident injury claim at mediation for $550,000. Robert Walch was the attorney handling this matter in our firm. We used an experienced former judge as our mediator in this case. If you need help with a mediation, let us know.

Usually mediations are a tool used during the litigation process for resolving disputes. However, sometimes, as was the case in this particular matter, no lawsuit was filed and this was considered a pre-litigation mediation. By doing the mediation pre-litigation, both parties were able to save a lot of money in litigation costs, which was beneficial to our client.

Also, nobody knows what will happen in litigation or in a trial. By settling without litigation, the client also saves the time that would have to be used for responding to discovery, preparing and having his or her deposition taken, appearing at a Defense Medical Examination, etc. Our approach to resolving claims is that if we can get full value from our client without the time and expenses of litigation, we will happily do that for our client, but it must be full value. If the insurance company thinks that they will get a discount for resolving a claim before litigation, then they are mistaken.

We will be publishing some of our notable recent successful results that we have obtained for some of our clients on this blog. Of course, we will keep all of the private details confidential. If you would like to see a list of many of our notable settlements and verdicts, please click here for our Case Results page on our California personal injury lawyers website.

Our client, who is in her 80s, was driving her vehicle when she was rear ended in Los Angeles. Our firm helped our client obtain the medical care that she needed, including chiropractic care and pain management. Our managing partner, Robert Walch, was able to negotiate a $275,000 settlement for her, without litigation, as she did not want our firm to file a lawsuit due to her age.

Sometimes filing a lawsuit is absolutely necessary on a case, while sometimes it can be avoided by way of a fair settlement pre-litigation. In this case, given our client’s age, we agreed that settling for $275,000 was the right move for our client. Since our client’s medical bills were not very high, she ended up with a very nice check and was very happy with the result and her net financial recovery.

Monsanto, a large American agricultural chemical and biotechnology company, has had several personal injury claims filed against it due to harm caused by its well known product called Roundup. Roundup is a weed killer that has been found to be a “substantial factor” in causing cancer, specifically Non-Hodgkin’s Lymphoma, in those who use it.  If you used or were exposed to Roundup and have cancer, including Non-Hodgkin’s Lymphoma, our Los Angeles Montsanto personal injury attorneys can help get you much needed compensation for any injuries Roundup has caused you.

In several of the California trials against Monsanto, juries have awarded the victims millions of dollars in damages for the harm the weed killer caused. According to the Los Angeles Times, Alva and Alberta Pilliod were both diagnosed with Non-Hodgkin’s Lymphoma within a span of four (4) years. They “had used Roundup for more than 30 years to kill weeds on three properties they owned.” In May 2019, a jury awarded the couple over $2 billion in damages (the jury verdict was made-up of $2 billion in punitive damages, plus $55 million in compensatory damages.) This amount was later reduced to $87 million total, still a huge amount, and although “the couple had anticipated the reduction…their lawyer said the overall ruling was ‘a major victory.’”

Other victims have also been awarded very substantial money damages for developing cancer after using Roundup. Dewayne Johnson, who was exposed to Roundup as a school groundskeeper, was ultimately awarded $78.4 million. In March 2019, Edwin Hardeman’s final award was $25.2 million. Many others have used this Monsanto product and have been greatly harmed—they too deserve compensation for their serious injuries.   One question is, how much is fair?  Another question is, how to fairly apportion the money; or, put another way, how to be sure the assets or money does not run out before all victims receive a fair proportionate share to compensate them for their injuries and damages?

An off duty detective with the San Bernardino County Sheriff’s Department died Wednesday from injuries he suffered in an Irvine bike accident. The man, Detective Duane Parkison, who worked at the Rancho Cucamonga station, was hit by a sports utility vehicle in Irvine, California.

According to the Los Angeles Times, Irvine police are investigating the Irvine bicycle accident. The cause of the bicycle accident in Irvine has either not yet been determined or released.

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Many people remember the tragic Metrolink train crash in Chatsworth, California on September 12, 2008. The crash resulted in the death of 24 passengers and injuries to 98 survivors. Today, Judge Peter Lichtman decided how to divide up the 200 million dollars in funds available to the victims of the Metrolink train accident.

According to the judgment, in the first group, the adult wrongful deaths, the average recovery is 4.2 million dollars. In the second group, the parents of young people who were killed in the train crash, they were awarded an average of 1.2 million dollars in wrongful death damages. For the 98 injured passengers, their personal injury settlements, based on their injuries, damages and future care were for $12,000 or more.

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A Los Angeles jury has awarded $1.2 million in damages in a police brutality case brought by a bounty hunter who was shot and wounded by a Los Angeles Police Department. The bounty hunter, Elvin Andre Gilbert, was in South Los Angeles, seizing a bail jumper who was wanted on a felony, when he was shot by the police officer.

Apparently, the police officer found Gilbert, with Allen Badoya, another bail agent, holding the suspected bail jumper with his hands behind his back and a gun to his head. The officer, who mistook the situation for an armed robbery or kidnapping, then shot Mr. Gilbert.

Gilbert’s attorney argued that Gilbert’s gun was not raised when they were confronted by the officers. Gilbert said he was shot as soon as he stood up and he never heard the officers give a warning. They also argued that the LAPD had previously been notified that the bounty hunters would be operating in that area. Meanwhile, the Los Angeles Police Department said the officer did give a warning before shooting and only shot after Gilbert turned towards them. There have also been allegations that police tried to plant evidence to make it look like a reasonable shooting.

Gilbert was shot three times, including in his stomach and right arm. The jury in this Los Angeles civil lawsuit ruled that the LAPD did not have the probable cause needed to arrest Gilbert, and awarded him $1.165 million total, including $365,000 in economic damages, $200,000 for his physical pain, mental suffering and emotional distress, and a further $600,000 for his future damages.

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