Slip and Fall Settlement for Lumbar Spine FracturesLaw Offices of Justin R. Heim, APC

$200,000 Settlement – Spine Fracture in Slip and Fall

, , , ,

$200,000 Settlement Announcement for a Slip and Fall Client with Broken Bones in the Lumbar Spine!

We are proud to announce a $200,000 settlement for a slip and fall injury claim! This settlement was for a personal injury client who suffered broken bones and a lumbar spine injury after a slip and fall.

Our client received low-ball settlement offers from the very start. After a lengthy fight with a well-known law firm, our office was able to get our client fair compensation without the need to try the case.

The Facts of the Case

Upon being retained, we found out that our client had a disputed liability case with a hotel proprietor regarding a dangerous condition on their property.

Our client told us that he had gone to a hotel where he checked in at the front desk. After checking in, he exited the hotel’s side door on his return to get more bags out of his parked car. Our client opened the door, and as he took one step towards the staircase and attempted to grab the handrail, he slipped on black ice and fell down the steps.

The defendant’s lawyers and insurance representatives took their usual position and denied all liability.  They argued that if our client didn’t see the ice, why should they have had any duty to clear it?

We reminded the defense that they have an obligation under California law to make the property safe and warn their guests of any present hazards. We pushed them to produce any record at all of their inspections of the staircase.  The defense initially refused to disclose if they could prove they complied with their duties.  After we uncovered that they had not met their obligations, their case began to cave.

The Injuries Sustained in the Slip and Fall

The next step in the defense’s gameplan was to downplay the severity of our client’s injuries.

They took the initial position that since the client’s bone breaks at the injured area were not open fractures, they weren’t that big of a deal. They then said that any damage to the spinal column wasn’t life-threatening and that their doctor’s medical advice was to get physical therapy.

The defense narrative was incompatible with the reality of our client’s life.  Our client had fractured two transverse process bones in his lumbar spine!

The transverse processes are the two bones that extend off of each vertebra in the spine, one on each side.  These bones are the location where some muscles and ligaments of the back attach to the spine. One of those muscles is the psoas muscle, which controls the forward-bending motion of the upper body and thighs. During a fall, car accident, or other forceful injuries, the contraction can be significant enough to pull a chip off of the bone.

Unfortunately, for our client, he landed directly on this bone in his spine. The slip and fall caused his bone to break entirely off. The result was not just a broken bone, but also cluneal nerve damage. The nerve damage resulted in constant “radiculopathy,” which he experienced as tingling and burning sensations in the lower back.

Despite the defense medical doctors’ recommendation that physical therapy would remedy our client’s injuries, we made sure that he saw the best medical professionals available. Our doctors properly diagnosed the problems and recommended that our client undergo a radial ablation procedure. Which ultimately provided him the relief he was seeking.

Transverse Spine Fracture

Graphic of Spine Anatomy including the Transverse Process

It was important to us that we conveyed the pain and suffering our client endured in this incident and the two years following it.  The loss of function after the bone breaks was staggering. The fact that our client had difficulty participating at work and in family events for the next two years was even worse.

Our Results!

Slip and Fall injuries are notoriously challenging for clients to resolve on their own. The reality is that if an injured party doesn’t retain a slip and fall attorney who is willing to file a lawsuit and try the case, the client will probably never see justice for their claim.

The reason that insurance adjusters undervalue and low-ball these cases is because of their difficulty. These “premises liability” claims are often looked at skeptically by California jury pools. The typical bias amongst jurors is that the fall would have never happened to them. The plaintiff must be a clumsy person!

Defense lawyers and insurance claims adjusters are well aware of this bias and look to exploit it at trial. Moreover, to the extent they can, they will use those preconceptions as leverage to settle a case at less than fair value to the injured Plaintiff.

In this case, the Defendants sought to exploit all those beliefs. The defense initially offered the Plaintiff a four-figure settlement that was much less than his lost wages. Once our firm got involved, the number went up to five-figures. At mediation, our client received his first six-figure offer.

Our office was determined to get our client a fair offer for his injuries. With our client’s blessing, we decided to walk away from the mediation. Once we showed the Defendants that we had built a strong case, and were willing to take the matter to trial, we finally got a fair settlement offer. In the end, our client got more than forty (40x) times the initial offer made to him!

If You Have Suffered Injuries as a result of a Slip and Fall, Contact a Local Personal Injury Lawyer Right Away!

If you have been injured as a result of a slip and fall, or trip and fall, call a personal injury attorney right away. Make sure that you gather the contact information from as many witnesses as you can find.  You should take note of all the cameras that you think may have recorded the fall.

No one article can cover everything that people should know after a slip or trip and fall.  Additionally, slip and fall law presents unique legal challenges.

We recommend that you contact a slip and fall lawyer before speaking to an insurance adjuster, or filing a claim.  Filing an insurance claim for a slip and fall or trip and fall without consulting an attorney, could result in the adjuster attempting to use the claim form against you.

There are many local Long Beach, Seal Beach, and Huntington Beach slip or trip and fall lawyers. Lawyers who regularly practice in this field of law should be able to help, and will likely offer you a free consultation.

Don’t let an insurance company lowball your demand for reimbursement of medical expenses, lost wages, or pain and suffering. Ensure that you receive full justice for your insurance claims!

The information contained in this post is for general information purposes only. Nothing on this post, or website, should be taken as legal advice for any individual or case situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.  

Contact us If you have lost a loved one or have pain and suffering from a personal injury.  For more information, visit our wrongful death page and slip and fall accidents page. For a free consultation, please reach out to our attorneys to arrange a time to discuss your case.  

All you have to do is hit the big blue button labeled Contact Us at the top of this page!

/by
Car Accident on Beach Blvd. in Huntington Beach, CA leaves 3 dead, 2 injured

Huntington Beach Car Accident Leaves 2 Dead, 3 Injured

, , ,

At approximately 9:30 p.m. on July 23, 2019, a two-car accident at Beach Boulevard and Taylor Drive in Huntington Beach, CA left two dead and three injured.  According to news outlets, the identities of the deceased individuals will be released once the Orange County coroner notifies the next of kin.  The Huntington Beach Police Department is still investigating the car crash.  Police stated that the crash involved a 2007 red Honda Fit and a 2012 Volkswagen Passat.  Officers also stated that the collision was a broadside collision, also known as a “t-bone” car accident.  The Honda Fit’s driver, Kenneth Walsh, 29, of Chino Hills died of blunt force trauma to his head.  Miriam Rodriguez, a 36-year-old woman from Huntington Beach was also pronounced dead at the scene.  The Huntington Beach Fire Department confirmed that the three others in the Volkswagen were taken to a local trauma center in unknown condition.

The remainder of this article shall briefly discuss broadside car accidents, and what you should do if you are involved in a broadside car accident.

What are broadside car accidents?

Broadside car accidents are commonly referred to as t-bone collisions.  Ordinarily, the front of one vehicle referred to as the “bullet vehicle” will impact the side of another car.  Property damage in t-bone collisions is usually centered at either the driver side or passenger side doors.  However, property damage in t-bone collisions is also sometimes located at the front or rear side of the impacted vehicle.

Car Accident Lawyer

An example of property damage incurred by a car in a broadside collision.

Who is “at fault” in a broadside car accident?

T-bone collisions often occur because of failure by one vehicle to yield at a stop sign or traffic signal.  They also regularly occur when one vehicle attempts to make an unsafe left turn.  California law states:

“(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.” California Vehicle Code § 21801.

In situations contemplated by subsection (b) of the above vehicle code, car accident attorneys are often contacted.  One party will often claim that the turning vehicle failed to yield, and the turning vehicle’s driver will claim that they yielded and then lawfully completed their turn.  When one or both of the parties are injured, personal injury claims or personal injury lawsuits often follow.

How serious are broadside car accidents?

Broadside vehicle collisions are often some of the most serious car accidents that can occur.  The “bullet vehicle” involved in these collisions is often traveling at a high rate of speed.  As a result, even though the front of the bullet vehicle is the portion that is impacted, significant physical forces are transferred to the driver and passengers.  With respect to the side impacted vehicle, the lack of bumpers and metal to shield the victims can result in traumatic injuries to the vehicle occupants.  In the most serious cases, a broadside collision can cause the death of people involved.  In situations such as these, a family may consult with law firms regarding a potential wrongful death action.

What should you do if you have been in a broadside car accident?

If you have been involved in a t-bone car accident, the first thing that you should do is check on your well-being and that of everyone else involved.  If there is anyone in need of medical care immediately contact emergency personnel for assistance.  Once you are seen by medical examiners make sure that you tell them all of your symptoms so that they can properly treat you.

You should try to collect as much information as you can from witnesses.  In the event that there are nearby businesses, you should consider asking if they have surveillance video of the car accident.  Sometimes businesses are unwilling to provide surveillance video to private parties.  Once retained, a Huntington Beach car accident attorney, or Seal Beach Car Accident Attorney, will demand that the business produce or preserve the video evidence.

Liability in a broadside car accident is often disputed regardless of who is actually at fault.  Therefore, do not apologize to anyone or accept blame for the car accident.  You will want to speak to a Huntington Beach lawyer, or Seal Beach lawyer that practices personal injury law.

If You Have Been in a Car Accident Contact a Local Huntington Beach Car Accident Lawyer Right Away!

If you have been in a car accident, call a personal injury attorney right away. Make sure that you gather all of the other drivers’ auto insurance information.  No one article can cover everything that people should know after a car accident.  Additionally, t-bone car accidents present unique legal challenges.  There are many local Huntington Beach car accident lawyers, Seal Beach car accident lawyers, and Long Beach car accident lawyers that can help.  Most personal injury lawyers can also assist if you are a family member with wrongful death claims for a loved one.  Contact a lawyer right away to protect your personal injury or wrongful death statute of limitations.  Don’t let an insurance company lowball your demand for reimbursement of medical expenses, lost wages, or pain and suffering. Ensure that you receive full justice for your insurance claims!

The information contained in this post is for general information purposes only. Nothing on this post, or website, should be taken as legal advice for any individual or case situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.  Contact us If you have lost a loved one or have pain and suffering from a personal injury.  For more information, visit our wrongful death page and car accidents page. For a free consultation, please reach out to our attorneys to arrange a time to discuss your case.  All you have to do is hit the big blue button labeled Contact Us at the top of this page!

/by