Elder Abuse Against Home Care Facility: Our client was a woman in her 90’s relying on a Home Care Company to provide in-home care. The provider was very well informed regarding our client’s condition – particularly that she was at risk for falling. The Home Care Company knowingly sent an unqualified employee to care for our client, and failed to manage and supervise their employees. As a direct result of the Home Care Company’s policies and practices, our client was neglected, fell and sustained a fractured hip. Our client became emotionally and physically incapacitated from the trauma and was no longer able to live in her home. After trying to negotiate a reasonable settlement with the Home Care Company and their insurance carrier, our office was forced to sue. We filed a lawsuit on behalf of our client for Elder Abuse, Negligence and Breach of Contract. The Home Care Company and their insurer denied all liability and offered a small fraction of our client’s damages just a few days before the scheduled trial. Our firm was able to settle the case for just under $1,000,000.
Elder Abuse and Wrongful Death against Senior Living Facility: Our client, a woman in her 90’s, was a resident of a Senior Living Facility in North County San Diego. The Senior Living Facility knew she had dementia, was wheelchair bound, and was a high risk for falls. Our client was entirely dependent on the facility for all daily activities. The Senior Living Facility promised our client’s family that our client would be provided with a clean, safe environment with adequate assistance and supervision. The facility breached their promise and misrepresented the quality of care that would be provided. During an outing, the Senior Living Facility’s bus driver abruptly braked to stop at a red light. As a consequence, our client who was not belted in, was thrown from her wheelchair and landed hard, sustaining serious injuries. The bus driver put our client back in the wheel chair and continued with the trip. Once he got back to the facility, the bus driver reported the incident to the facility director who did nothing. Hours later, our client’s family visited her. They were shocked and mortified by how they found her. She was moaning in pain and left alone in the middle of the floor unattended. Our client’s family called 911 because the facility refused to call. At the hospital, it was determined that our client sustained leg fractures, as well as shoulder and head injuries. Our client passed away due to the trauma of her injuries, a few days later. We filed a lawsuit on behalf of our client’s family for Wrongful Death, Elder Abuse, Elder Neglect, and Negligence. The Senior Living Facility did not believe that an aged and ill life was worth anything. After eighteen months of litigation, the case settled for an amount in the millions of dollars.Type your paragraph here.
Slip and Fall against Jack in the Box of Orange County: Our client was carrying her child and walking into Jack in the Box, when she slipped and fell on rain water that had been tracked into the restaurant. It was determined that Jack in the Box was liable for not having a floor mat and did not warn. Our client suffered from chronic neck and low back pain. She developed emotional injuries of anxiety, panic attacks, and depression. Jack in the Box offered $18,000.00 before we filed suit. A month before trial, we settled for $120,000.00.
Trip and Fall against Apartment Complex and the City of San Diego: Our client was walking on a sidewalk, tripped on uneven pavement, and fell onto her shoulder. She developed a frozen shoulder and had arthroscopic surgery. It was determined that a tree root from an apartment complex caused the damage to the public sidewalk. It was very dark due to the overgrown trees and broken lights from the complex. The insurance company for the apartment complex offered $7,500. We filed suit and recovered $73,000.
Slip and Fall against Rite Aid: Our client slipped and fell on water leaking from an ice cooler at Rite Aid in San Diego. She sustained a minor head injury and some bruising to her leg. She had one emergency room visit. Case settled for $25,000.00.
Premises Liability against Kohl’s Department Store in San Diego County: While shopping, an employee of Kohl’s dropped a 20 lbs. box on the back of our client’s head. He sustained an acute strain to his neck. Kohl’s offered $6,500 to our client’s prior lawyer. We filed suit and recovered $25,000.
Slip and Fall against Walmart in Riverside County: While shopping, our client slipped, fell, and sprained her ankle. Walmart’s adjuster gave her so much grief. Our client did not believe that she had the right to receive treatment. She retained our office. We recovered $11,500.
Slip and Fall against Food 4 Less in San Diego County: Our client sustained a soft tissue injury. Offer to Prior Attorney: $2 ,500. Case Settled for $7,000.
Premises Liability against Home Depot in San Diego County: Our client sustained a minor head injury. Home Depot denied liability. A lawsuit was filed, case settled shortly after for $25,000.
Slip and Fall against Vons in San Diego County: Our client sustained a minor soft tissue knee injury. Her medical bills were $2,000. Case settled for $7,500.
Auto v. Auto in San Diego County: Our client, a professional woman in her early 40’s, was driving an SUV in Lane #1 of 2 lanes when Defendant, who was driving in Lane #2, made a sudden U-Turn in front of our client. In the process, the left front of Defendant’s vehicle struck the right front of our client’s vehicle and dragged it across the lanes of oncoming traffic. Our client was confused and dazed immediately after the incident. She felt pain to her left hand/thumb, neck and back, and had the worst headaches. She went to urgent care and was diagnosed with a hand sprain. A few days later, she went to her primary care physician and was diagnosed with sprain/strain injuries and referred to physical therapy and x-rays. Our Client was highly functional with an executive position at her job. She went to work the next day and could not function. She was dizzy, nauseated, irritable, could not focus, and was exhausted. She slept a lot, but did not feel rested. Two weeks after the incident, she was evaluated by a neurologist and diagnosed with a concussion. She was only able to work no more than four hours a day, when she previously worked ten to twelve hours a day. This went on for two months. Her headaches and hand pain continued. Eventually, she had surgery for a trigger-thumb. As for her headaches, after two and a half years of trying to manage with medication, our client was given Botox injections, which were effective. Defendant attempted to argue that the headaches were due to pre-existing migraines. Our expert explained that the pre-existing migraines were infrequent and not debilitating. In addition, patients with pre-existing migraines are susceptible to chronic headaches from concussion injuries. We had witnesses, our client’s colleagues, to attest to her productivity pre and post incident. Defendant offered nothing pre-litigation. We filed suit and 30 days before trial, Defendant paid their policy limit of $300,000. Our client’s paid medical bills totaled $20,000, plus $12,000.00 in lost wages.
Auto Accident vs. Auto Repair Shop in North County San Diego: An employee of an Auto Repair Shop, while test driving a vehicle, ran a red light and t-boned our client’s vehicle, totaling both vehicles. Our client was a woman in her 50’s with pre-existing headaches and neck pain from a slipped disc. She was managing her symptoms by getting chiropractic treatment twice a week and occasional pain medication. The crash aggravated her headaches and neck pain to the point that she needed Botox injections to control her headaches, and epidural steroid injections for neck pain that went down to her arm. The Auto Repair Shop’s insurance company offered $28,000. We filed suit. Shortly before trial, the case settled for $220,000.
Auto v. Auto in San Diego County: Our client’s vehicle was rear-ended. Our client sustained a small tear to his shoulder. He had physical therapy and injections. The pain and limitation made it difficult for him to work as an auto mechanic, but he continued to work. His production suffered. His medical charges were $12,000. The case settled for the Policy Limit of $100,000.
Auto v. Auto in San Diego County: Our client’s vehicle was rear-ended. Our client sustained a minor concussion and pain to his neck. He had memory problems and agitation from the concussion for about six months, but was able to continue to work and drive. He had chiropractic treatment, acupuncture treatment, and physical therapy for the neck pain. His medical charges were $10,000. The case settled for $50,000.
Auto Accident with Drunk Driver in Las Vegas: Our clients, a family of seven, were on their way home to Murrieta, CA after having a family vacation in Las Vegas. Shortly after leaving their hotel, our clients’ vehicle was t-boned by a drunk driver who ran a red light. The significant impact pushed our clients’ vehicle into another vehicle. Everyone involved had to go to the emergency room. The right-front passenger lost consciousness because the impact was to the right front door, causing her head to hit the door. She also sustained significant bruising to her right side. She was disabled from work as an RN for 60 days. All other clients sustained minor injuries and recovered within 60 days. The case settled for the drunk driver’s auto insurance policy limit of $300,000.
Auto Accident in Los Angeles County: Our clients’ SUV was rear-ended twice by the two cars behind their vehicle. Our clients’ vehicle sustained minor damage with less than $1,000 in repairs. The driver in our client’ vehicle had neck pain for a couple weeks and missed two days of work as a veterinarian. His wife, the passenger, sustained an aggravation of a pre-existing neck condition. She went to urgent care and took medication. Six months later, she was still having pain. She went to her family physician and was prescribed physical therapy, but she never went, and instead self-treated with exercises and stretches. She continued to have pain twenty months after the accident. She consulted with a neurosurgeon and had an epidural steroid injection to her neck. Her medical charges were $6,700. The auto insurance company for the driver directly behind our clients’ vehicle that was responsible for the first impact offered nothing. The auto insurance company for the driver responsible for the second and lighter impact offered $2,500. We had to file a lawsuit. The case settled for the policy limits from both Defendants’ auto insurance carriers. Total recovery was $45,000.
Auto v. Pedestrian in San Diego County: Our client, a wheelchair-bound elderly gentleman, crossed the street with his electric wheelchair at night after getting ice cream. His wheelchair was struck by a car. He was thrown from his wheelchair. His leg was fractured and required emergency surgery. The scene investigating officer opined that our client was at fault for crossing a dark street illegally. We investigated the scene. It was well lit, plus our client had crossed six lanes of traffic before he was struck. We argued that Defendant was partially liable for inattention. Defendant’s insurance company paid the policy limit amount.
Auto v. Pedestrian in San Diego County: Our client was crossing the street in a crosswalk when her right knee was struck by a car. This knocked her to the ground. She landed on her forehead and lost consciousness. She sustained a concussion with a five-centimeter laceration to the forehead, and a severely sprained knee. The driver was driving a vehicle rented by her boyfriend. The boyfriend was in California on business. His employer paid for the rental vehicle and the hotel room where the driver and her boyfriend stayed together. The driver’s insurance company offered her Texas policy limit of $30,000. The boyfriend’s employer’s insurance company argued that their policy did not apply as the driver was not an employee. We filed suit, took depositions of the employer’s officers, and obtained their policies, procedures, and entire insurance policies. Our efforts paid off for our client. The case settled for $150,000. Our client’s paid medical bills totaled $12,500.
Auto v. Commercial Auto in San Diego County: Defendant was tour bus company. Defendant’s employee was driving one of their tour buses. She was three hours late to pick up clients in Los Angeles. While on the freeway, she failed to notice traffic coming to a complete stop. The bus rear-ended our client’s small passenger vehicle and totaled it. Our client was a woman in her 20’s working as a nanny. Immediately after the incident, she had a headache, neck pain, and was emotionally distraught. She went to the emergency room and was diagnosed with a neck strain. The next day, as she did not seem to be herself, her mother took her back to the emergency room. She was diagnosed with a concussion due to symptoms of extreme fatigue, some confusion, and some memory loss. She did not work for a week. She treated with a chiropractor for about three months. Physically, she got better, but emotionally, she got worse. Her family noticed that she became withdrawn, was easily agitated, and paranoid. Eighteen months went by without any treatment. Our client finally was evaluated by a neurologist and a psychiatrist. She was diagnosed with aggravation of a pre-existing mood disorder. She had a 3T MRI, which verified an abnormal finding to the frontal lobe that was responsible for the mood disorder. The defense argued that her mood disorder was not related to the incident as, in the eighteen months of no treatment, many things happened in her life that were responsible for the aggravation of her emotional disorder. Their offer to settle was $25,000. We filed suit and three months before trial, the case settled for $110,000. Our client’s paid medical bills totaled $12,500.
Auto vs. Auto in Orange County: Our client's vehicle was struck by another vehicle that ran a red light. Our client sustained a brain hemorrhage. Unfortunately, the careless driver did not have any assets and a policy of only $100,000.00. Case settled for $100,000.00. We were able to obtain an additional $10,000.00, over and above the policy, for her husband's loss of consortium claim.
Car crashed into wall of house: Our client was sleeping when a drunk driver crashed into her bedroom wall. The impact destroyed the wall and moved her bed a couple of feet. She did not sustain any physical injuries but suffered emotional injuries. She recovered after a few months of psychotherapy. Case settled for the policy limit of $15,000.00 for bodily injury and another $5,000.00 for damaged bed and belongings.
Auto vs. Auto in Orange County: Our client's vehicle was struck by another vehicle that ran a red light. His SUV rolled several times down a hill. As he was not wearing his seat belt, he sustained a fractured nose and chip fractures to his cervical spine. Fortunately, he recovered 100% after two months of treatment. The insurance company for the young girl who ran the red light argued that our client was responsible for his own injuries for not wearing his seat belt. His medical costs were $4,300.00 and the settlement was $75,000.00.
Auto vs. Auto Accident in San Diego County: Disputed liability. Defendant contends that he was at a complete stop when our client made a left turn and plowed into his vehicle. Our client admitted that she cut the turn close but that Defendant overreacted and moved forward when he saw her vehicle coming into his lane. Our client sustained a broken arm from the air bag deploying. A lawsuit was filed with the help of a bio-mechanical and accident reconstruction expert, we were able to successfully argue that if Defendant's vehicle remained stopped the accident would not have happened. The recovery was $65,000.00 with medical liens of $9,000.00.
Auto vs. Auto Accident in Orange County: Our client's vehicle was rear ended on the freeway. He sustained soft tissue injuries and a minor concussion. His medical bills were $7,600.00. Case settled for $30,000.00.
Auto Accident in Orange County: Our client’s vehicle was rear-ended by an uninsured motorist who was also driving under the influence. Her vehicle sustained major damage and was totaled. Our client, a 21-year-old college student, sustained sprain strain injuries to her neck. She had a one-year gap in treatment. Her insurance company accused her of exaggerating her injuries. We took the case to Arbitration and received an award of $19,000. Although this was not a lot of money, it was almost twice as much as was offered by our client’s insurance company. More importantly, in a written opinion, the arbitrator acknowledged that it was clear that our client “suffered physical and emotional trauma for months after the accident.” This acknowledgement served as vindication for our client, as the years of litigation left our client feeling humiliated and belittled by her own insurance company. We are proud to have had the opportunity to defend our client from her bullying insurance company.
Auto vs. Bicycle Accident in Orange County: Our elderly client was riding his bicycle across the street when he was struck by Defendant’s vehicle. No one knew what really happened since our client was knocked unconscious and there were no witnesses. Defendant’s insurance company not only denied liability, but demanded $3,000 from our client for the damage to their insured’s vehicle. The client retained us. We recovered the policy limit of $50,000 for our client’s injuries. Defendant’s insurance company also waived their right to collect anything from our client.
Auto Accident in Orange County: $100,000 recovery for aggravation of pre-existing arthritis. Our client, a woman in her fifties, was injured when her vehicle was rear-ended and pushed into another vehicle. Defendant’s insurance company argued that the treatment she received was mostly for her pre-existing arthritis to her neck and offered $15,000. We filed suit and recovered the policy limit of $100,000 ten days before trial.
Auto Accident in Orange County: Our clients’ vehicle was rear-ended. Our clients both sustained neck and back injuries. Defendant’s insurance company offered $5,000 per client, claiming our clients over treated for their injuries and had a year gap in treatment. We filed suit and recovered $55,000 for the passenger and $20,000 for the driver. Total Recovery: $70,000.
Auto vs. Motorcycle Accident in San Diego County: Our client was riding his motorcycle on the freeway when another vehicle changed lanes, struck our client’s motorcycle and knocked him to the ground. Our client sustained soft tissue, knee, and shoulder injuries. The auto insurance company disputed liability and the nature of his injuries. They offered our client $3,000. The client retained our office and received a settlement of $45,000 for his injuries and $5,000 for his motorcycle.
Auto Accident in Orange County: Our client was a passenger in a vehicle that rear-ended another vehicle on the freeway. Our client sustained a clavicle fracture. Before representation, the insurance company offered $30,000. Our client retained our office and 30 days later, received a policy limit settlement of $100,000.
Auto Accident with Drunk Driver in Riverside County: $50,000 policy limit recovery. Our client’s vehicle was rear-ended by a drunk driver. Our client sustained severe strain to her neck and emotional injuries. She was not able to drive for a month after the accident due to fear. The drunk driver who caused a disruption to our client’s life for months was convicted of only a misdemeanor.
Auto Accident in San Diego County: $85,000 recovery for soft tissue injuries. Our clients, one driver and three passengers, were on their way to bible study. As our clients’ vehicle was making a left turn, it was struck by an uninsured motorist who ran a red light. All four clients sustained soft tissue injuries to their neck and back. The insurance company argued that our clients over-treated and offered nuisance value of $5,000 per person. We had to arbitrate to recover $85,000.
Minor Impact Auto Accident in Orange County: $25,000 settlement with $1,500 medical bills. Our client’s vehicle was rear-ended causing $800 in property damage. Our client had a severe pre-existing lower back injury from a previous accident, which was aggravated by this minor incident. We were able to prove the aggravation with MRI results pre- and post-accident.
Auto Accident in San Diego County: Our client was a passenger in a vehicle that lost control and fell into a ditch. Our client sustained a lower back soft tissue injury and a chipped tooth. Defendant’s insurance company offered $9,000. We filed suit. Case settled for $22,500.
Auto Accident in Orange County: Our elderly client was the rear passenger, who sustained bruising to her face when she struck the back of the front seat of her husband’s vehicle when it was rear-ended on the freeway. Defendant’s insurance company offered $3,000. We filed suit. Case settled for Policy Limit of $25,000 for our injured client, and $5,000 for her husband who had no medical bills, but did have bruising to his legs and suffered from emotional stress after witnessing his wife being injured in the accident.
Auto Accident in San Diego County: $50,000 policy limit recovery for knee injury as a result of a head-on collision.
Auto Accident in Orange County: Our client’s vehicle was rear-ended. The damage was minor, but our client sustained soft tissue injuries to her neck. The pain never fully resolved. Our client tried to manage her pain on her own with exercises and medication. She had very little treatment, with large gaps in between. Defendant’s insurance company offered $3,000. We filed suit and recovered Defendant’s policy limit of $15,000 plus the policy limit of $15,000 from our client’s Underinsured Motorist Coverage, plus $5,000 in Medical Payment Coverage. Total Recovery: $35,000.
Auto Accident in Shasta County: Defendant ran a red light and struck the back of our client’s vehicle. Our client sustained a soft tissue injury to his neck. Defendant’s insurance company offered our client $4,000 prior to representation. We filed suit and recovered Defendant’s policy limit of $15,000, plus the policy limit from our client’s Underinsured Motorist Coverage of $10,000, plus $5,000 in Medical Payment Coverage. Total Recovery: $30,000.
Auto Accident in San Diego County: Our client was involved in a minor accident with an off-duty sheriff’s deputy. Her pre-existing neck and back pain and facial spasms were aggravated from the accident. The claim was initially denied. We settled for $13,000.
Auto Accident in Orange County: Our elderly clients’ vehicle was struck when Defendant ran a red light. Our client/the driver sustained a soft tissue injury to the shoulder that required injections and physical therapy. Our client/the passenger sustained soft tissue injuries to her neck and knee that required trigger-point injections. We settled for Defendant’s policy limit of $25,000 for each client, plus the policy limit of $5,000 each from the clients’ Underinsured Motorist Coverage, plus $2,000 each from their Medical Payment Coverage. Total Recovery: $64,000.
Auto Accident in San Diego County: Our client’s vehicle was rear-ended. Her pre-existing arthritis was aggravated from the accident. Defendant’s insurance company argued that the impact was too minor and couldn't have caused any injuries. They offered our client $500 prior to representation. We filed suit and settled for $30,000.
Auto Accident in Orange County: Defendant lost control of his vehicle allegedly after he was struck by a hit-and-run motorist. His vehicle struck the center divider of the freeway and ricocheted back into the carpool lane. Our clients’ vehicle was traveling in the carpool lane and did not have time to react before colliding with Defendant’s vehicle. Defendant’s insurance company denied liability. Our clients, the driver and passenger, were rushed to the emergency room. The driver sustained severe bruising to her chest and right foot. The passenger required emergency surgery for internal bleeding, which fortunately turned out to be minor. We filed suit and recovered the policy limit of $100,000 for the passenger and $80,000 for the driver.
Auto Accident in San Diego County: Our client was seven months pregnant with gestational diabetes. Her pregnancy was considered high risk. Her vehicle was rear-ended. The impact was moderate, causing her abdomen to hit the steering wheel. She was not bleeding, but did have pain. Our client was taken to the emergency room for monitoring due to her high risk pregnancy. Fortunately, she and the baby were fine. Defendant’s paid the policy limit of $50,000. In addition, we were able to recover $3,000 for her husband, who was a passenger and had to witness his wife’s injuries.
Auto Accident in Orange County: Our client’s vehicle was t-boned by another vehicle. Our client sustained soft tissue injuries to her neck and right thoracic area. The insurance company for the at-fault party paid the policy limit of $15,000. Our client had underinsured motorist insurance for another $20,000, but they offered her nothing. We litigated against her insurance company and received the entire $20,000 policy limit. Total recovery: $35,000.
Auto Accident in San Diego County: Our client’s vehicle was rear-ended. Our client, a 60-year-old auto mechanic, sustained soft tissue injuries to his neck. He had six weeks of treatment. Because of his occupation, he was unable to work during treatment in order to avoid aggravation. The insurance company for the at-fault party argued that the period of time off work was excessive and initially offered only $5,000 to settle. In the end, we were able to obtain a settlement of $21,000, to include every penny of his loss of income.
Auto vs. Auto Accident against Dadson Washer Services, Inc., in Los Angeles County: On May 1, 2015, in the matter of Yoshii v. Romo, et al., the jury awarded our clients $277,500.00 at trial in a chronic neck pain case, resulting from a rear-end collision. Defendants' offer prior to trial was $38,686.70 with past medical costs of $17,500.00.The insurance company for Defendants disputed liability, contending that our client stopped suddenly and without warning, causing a rear-end collision. Defendants, at trial, insinuated that our client was faking his pain, and if the jury believed that our client was in pain, it was not caused by the accident.
Auto Accident against Commercial Trucking Company in San Diego County: On August 5, 2011, in the matter of Burin v. YRC, Inc., the jury awarded our clients $12.3 million at trial in a brain injury motor vehicle accident case. $6.85 million of the verdict was awarded to the injured party's spouse for her loss of consortium claim. Defendants’ offer prior to trial was $100,000. They accused our client of fabricating and exaggerating his injuries. See our “Newsletter” page for details.
Please note: Some of our cases settled confidentially and cannot be disclosed.
Copyright © Law Offices of Lien T. Tram. All Rights Reserved.