Case Results

 

client case compensation results

SAMPLE Case results FOR BATES LAW


$1,500,000 NEGLIGENTLY MAINTAINED PROPERTY

Our client was seriously injured due to a negligently maintained property. After two years of litigation, the property owner, lessor and sub-lessor defendants counter sued the under-insured contractor who built the gate on the property notwithstanding the defects were known to them and they were barred from recovery under the construction “Completed and Accepted” rule. After realizing they could not prevail, the defendants attacked our client’s injuries arguing that he was not injured from the poorly maintained and dilapidated gate.


$1,400,000 REAR END AUTO ACCIDENT

Our client was rear-ended on the freeway causing him to need neck surgery. The defense argued that the need for surgery was due to age despite the fact that he had no prior neck problems. While our client had no lost earnings, he could no longer enjoy the things he loved such as Brazilian Jiu Jitsu, mountain biking and horse back riding.


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$700,000 AUTO ACCIDENT IN BAKERSFIELD

Our client, a commercial van driver, was too tired to continue driving and pulled well over onto the shoulder of a Bakersfield freeway to rest. Unfortunately, a semi-tractor trailer followed the hazard lights on the van and collided with the back of it, causing our client injuries requiring a sub-scapular bursectomy surgery. A settlement was reached prior to Trial for the sum of $700,000.


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$625,000 MILD TBI FROM REAR END ACCIDENT

Our client’s vehicle was rear ended, causing him to sustain whiplash and a mild Traumatic Brain Injury. The defendants refused to accept responsibility despite the fact that our client lost his job of 20 years and could not return to work. Justice was served just short of trial.


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$500,000 ARBITRATION

Our clients were injured when their stalled vehicle was struck by another vehicle on the Freeway sustaining orthopedic injuries and Post Traumatic Stress Disorder.


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$250,000 POLICY LIMITS SETTLEMENT IN LITIGATION

Our client, a pedestrian, was struck by a vehicle and required hospitalization. An insurance defense neurosurgeon at Scripps La Jolla treated his injuries, but opined that our client’s injuries were due to age rather than being struck by a vehicle. The defendant refused to accept responsibility for our client's injuries. After litigating the matter, justice was served and our client received the maximum available under the defendant's insurance policy limits.


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$100,000 PEDESTRIAN INJURY

Our client, a young mother of two, was walking her kids to school when a driver who was in a hurry struck her, causing her to sustain a fracture and pulling her young children to the ground causing them lacerations. The mom's medical bills were reduced to a nominal sum and the children received annuities for their education to compensate them for their Post Traumatic Stress Disorder in witnessing their mother’s injury.


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Workers’ Compensation Settlement

(including $875,000 for Transportation and Home Remodel Costs) for Quadriplegic following $1 million medical malpractice settlement in a separate case by other counsel.  This was the result of pure tenacity…plain and simple.  There were over 25 court hearings and hundreds of attorney hours spent to achieve this outcome.


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Workers’ Compensation Settlement
for Quadriplegic obtained on a Denied case. 

Our client was driving to work at a distant location at the time of the accident that caused his injuries.  Following discovery, a possible exception to the Going and Coming Rule was found.  While we could not bring feeling back to our client’s extremities, his life has drastically improved as a result of this outcome.  A Trust has been set up for our client to see to his needs.  The Trust is expected to pay over $5 million during our client’s lifetime.


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Workers’ Compensation Settlement

For partial paraplegia below the waist due to fractured vertebrae.  We were successful in arguing that our client was 100% Permanently Totally Disabled notwithstanding the fact that he was still working using the Sheltered Employment Doctrine.  Much of our client’s settlement was placed into annuity for his benefit which is expected to payout well over $3 million over his lifetime.


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Workers' Compensation Settlement

For foot crush injury as a result of a defectively designed forklift.  Much of our client’s settlement was placed into annuity for his benefit which is expected to payout well over $2.6 million over his lifetime.


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Workers’ Compensation Settlement

For multiple bone fractures including the pelvis.  Although the Expert medical opinions did not provide our client with a 100% Permanent Total Disability, we were successful in using a Vocational Expert to argue that our client was unable to compete in the Open Labor Market.  Much of our client’s settlement was placed into an annuity for his benefit which is expected to payout well over $2 million over his lifetime.
 


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Settlement following suit in Negligently Maintained Elevator

Our client’s ankle was crushed in an elevator door which caused him Complex Regional Pain Syndrome (“CRPS”) / Reflex Sympathetic Dystrophy (“RSD”).  The defense disputed liability, causation and damages.  The diagnosis of CRPS / RSD was hotly contested notwithstanding several neurologist expert opinions.  Ultimately, our client received justice.
 


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 Settlement of Workers’ Compensation

No-Fault Neck and Back injuries as a result of a Slip and Fall at work following settlement of the Civil Court Lawsuit for Negligence against a separate company.  The fall caused our client to need a cervical fusion surgery.   Much of our client’s settlement was placed into an annuity for his benefit which is expected to payout over $889,000 over his lifetime.
 


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Settlement in a Denied Liability

Case made under both Negligence and Workers’ Compensation law for a tree trimmer who fell from a palm tree causing fractured vertebrae resulting in partial paralysis below the waist.
 


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Policy Limits Settlement

Pedestrian vs. Auto Accident involving both Negligence and Workers’ Compensation claims.  Our client was struck by an automobile while performing road work and thrown 50 feet through the air.  He sustained injuries to his neck, back, head and knees and required a knee surgery.  The Workers’ Compensation carrier denied many of our client’s symptoms despite the severity of the accident.  In the end, our client received justice when the comp. carrier agreed to substantially reduce its right to reimbursement for benefits paid.


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Policy Limits Auto Accident

Settlements for surgical conditions due to motor vehicle accidents.


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Policy Limits Settlement

Demand for Arbitration for a low impact collision resulting in less than $500 damage to our client’s bumper.  Following the collision, our client was taken by ambulance to the emergency room where he was told he would need a repeat MRI and possible back surgery.  Notwithstanding our client’s surgeon’s opinion that our client’s post-collision MRI showed a substantial worsening of his condition, the auto insurance carriers denied causation of the injuries.  Arguing the Egg Shell Plaintiff Doctrine, we successfully obtained the maximum insurance available.


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settlement of Workers’ Compensation No Fault Death Claim for Dependents of Injured Worker. 

This is notable because the benefit was placed into an Annuity for the Minor Children so that the guaranteed payout over time will be higher than the payments would be if the Workers’ Compensation carrier continued to administer the benefits.


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100% Permanent Total Disability Stipulated Award for CHP Officer with Brain Injury

Following Negligence Actions by separate counsel.  Our client will receive payments and medical care for the rest of his life under Workers’ Compensation.
 


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Confidential Settlement of Death by Suicide under Workers’ Compensation

No Fault insurance to benefit a partial dependent.  Suicides are not usually compensable.  However, a review of the extensive medical records in this case revealed that our client’s father was living with severe unrelenting pain as a result of a failed back surgery.  We successfully argued that the pain caused him to commit suicide under the Irresistible Impulse Doctrine.



DISCLAIMER: Each case is different.  The information in this site contains no guarantees, warranties or predictions regarding the results of any legal representation.  The reader should not form an expectation that the same results could be obtained for others in similar matters without reference to the specific factual and legal circumstances of each client’s case.

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