The following are some examples of the successful results San Diego serious injury Attorney Robert Wallenstein has obtained for his personal injury clients. If you have an injury similar to the ones described below or another serious injury, please contact Mr. Wallenstein at 619-685-5388 to schedule an appointment.
Auto Accident, $960,000
Auto accident intersection collision with disputed liability. Plaintiff suffered injuries requiring surgery to his shoulder, neck and back. Defendant, a large corporation, hired its own orthopedic surgeon/biomechanic engineer who testified that plaintiff's injuries were relatively minor and that plaintiff's surgeries were unnecessary. Defendant's pre-trial offer of $40,000 was rejected. Result: Jury trial resulting in judgment for plaintiff of $960,000.
Freeway Accident: $734,000
Plaintiff was driving in the fast lane of the freeway when a car travelling in the opposite direction crossed over the center median and hit client's car head-on. Plaintiff sustained multiple broken bones. Other driver died hours after the collision due to heart problems. Other driver's insurance company and his Estate contended other driver had an unforeseeable heart attack which caused him to lose control of his car and he was therefore not at fault. CHP report concluded the same. Attorney found other driver's out of state driving record which showed he had prior incident of passing out while driving and that his out of state license had been suspended for that incident. RESULT: Settlement of $734,000 including full insurance policy limits as well as Estate assets.
Car Crash: $300,000
Plaintiff was rear-ended on a surface street with moderate damage to both vehicles. Plaintiff, who had a history of prior neck and back injuries suffered increased symptoms following this accident and required multiple non-surgical pain management procedures. RESULT: Plaintiff obtained policy limits settlement of $100,000 from other driver's insurance carrier, then made an underinsured motorist claim with her own carrier and recovered an additional $200,000 for a total recovery of $300,000.
Wrist Injury, $285,000
Plaintiff fainted and fell down at work after being exposed to carbon monoxide fumes caused by defendant contractor's use of gasoline powered concrete saw in adjacent office suite. Plaintiff fractured her wrist when she fell. The fracture healed but plaintiff developed a mild case of Reflex Sympathetic Dystrophy which defendant's medical experts disputed. Case settled shortly before trial for $285,000.
Back Injury, $250,000
Rear-end collision with minor visible damage to both vehicles. Plaintiff had unrelenting lower back pain until he received successful lumbar surgery employing a new, controversial method. Defendant argued that based on the minor vehicle damage and negative MRI of plaintiff's lumbar spine, plaintiff at most suffered minor muscle strains and his surgery was unnecessary. Plaintiff convinced the trial judge that the methods used by defendant's biomechanical engineering expert were unreliable and the judge precluded the expert from testifying. Result: Jury verdict for Plaintiff with $250,000 recovery.
Wrist & Knee Injury, $235,000
Plaintiff's car was broadsided by a City employee while on-the-job. Plaintiff suffered a wrist fracture and injuries to both knees which required arthroscopic surgery. The City denied liability but after extensive negotiations, the case settled shortly before trial with the City paying plaintiff $235,000.
Back Injury, $122,000
Plaintiff was shopping at a retail store when a 4'11" 75 year-old female employee opened a door into plaintiff knocking plaintiff on to her side as she was crouched down looking at a lower shelf display. Plaintiff's injuries led to chronic low back pain despite chiropractic care, acupuncture, massage, medication and injections. Plaintiff ultimately underwent facet joint nerve blocks and finally obtained significant relief. Defendant store admitted liability but contended that it was unlikely the small, elderly employee could have opened the door hard enough to injure the plaintiff and at most, plaintiff suffered mild sprains/strains. Defendant contended that the nerve blocks were unnecessary and they were not responsible to pay for those medical procedures. The highest pre-trial offer from defendant store was $15,000, which plaintiff rejected. Result: Jury verdict for plaintiff of $122,000 plus pre-judgment interest and costs. Several of the jurors commented after trial that the plaintiff's attorney cross-examined defendant's medical expert so successfully that the jury thought the defense expert was on plaintiff's side.
Slip and Fall: $75,000
Plaintiff was shopping in the frozen food section of a grocery store and slipped in a puddle of water, landing on her wrist. Plaintiff developed carpal tunnel syndrome which required surgery. Defendant argued the carpal tunnel syndrome could not have been caused by the single trauma but was instead due to years of repetitive over use. After forcing defendant's expert neurologist to admit otherwise at his deposition, Defendant agreed to pay for Plaintiff's damages. RESULT: $75,000 settlement.