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Accident Causes More Than Victim's Vehicle to Turn Upside Down

Accident Causes More Than Victim's Vehicle to Turn Upside Down

Posted By The Dunnion Law Firm || 29-Aug-2011

Plaintiff, a 54 year old diabetic, was severely injured in September 2008 as a result of an accident caused when defendant, operating a pick up truck failed to yield to traffic when making a left hand turn. The impact was violent and plaintiff’s vehicle was overturned. She was extricated from her vehicle and found to have serious injuries to her right leg. Prior to this incident, plaintiff had recently relocated to South Dakota from Fresno, California. She had returned form South Dakota to California to retrieve family items and to visit her relatives in Visalia. Her husband remained at home with their two children. Prior to the incident, they ran a dairy in Fresno, California and planned on buying a dairy in South Dakota. Plaintiff worked as a homemaker and did book work as well as work along side her husband on the day to day operation of the dairy business.

As a result of the accident, plaintiff had to be extricated and flown by helicopter to the Fresno Regional Community Medical Center. She underwent surgery to correct a grade 3A open tibia/fibia fracture of her right leg. While this was a horrific experience, the experience only got worse when she contacted the insurance carrier for the negligent pick up truck operator. She was told she was not seriously injured and was offered $14,000 with an indication that they may give her "some more money" if she could present additional medical evidence of her injuries. Frustrated, she contacted The Dunnion Law Firm. The Dunnion Law Firm recognized the serious nature of her injuries and hired multiple experts and assisted her with her medical management including a second surgery and detailed analysis by both vocational rehabilitation and medical rehabilitation specialists. The Dunnion Law Firm also engaged the defendants in vigorous litigation and discovery. The insurance company, now represented by a high power San Francisco law firm, took a very hard line position but did agree to increase their offer form $14,000 to $180,000. The Dunnion Law Firm senior attorney and staff prepared the case for trial. Prior to trial, the defendants agreed to a mediation with Judicial Arbitration and Mediation Services in San Francisco, California. The Dunnion Law Firm represented the plaintiffs through two rounds of mediation which resulted in increased offers to $275,000 and $400,000 respectively. These offers were rejected by the plaintiffs and The Dunnion Law Firm continued to prepare the matter for trial. The Dunnion Law Firm disclosed its experts as required by the California Civil Procedure Code and forced the defendant’s to disclose their trial experts. Upon such disclosure, the defendants acquiesced and settled the claim for a number in excess of $500,000. Plainitff, now residing in South Dakota, has memories of this unfortunate time in her life and is nonetheless grateful for the vigorous, aggressive representation of The Dunnion Law Firm giving financial security and closure.