Sample Settlements And Verdicts

Demas & Rosenthal, LLP

At Demas & Rosenthal, we are committed to representing our clients to the fullest extent possible and maximizing their monetary recovery. Many of the settlements we have achieved for our clients are confidential in nature and cannot be disclosed to the public. However, we have compiled the following representative list of non-confidential settlements and verdicts. Keep in mind that the facts are never exactly the same in any two cases, and each case is as unique as the individuals who are the parties to a lawsuit. The results in each case will vary accordingly.

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"Defendant, a landscape company owner on his way home from work, failed to see our client and made a left turn directly in front of him. Our client's vehicle sustained major damage and he was taken by ambulance to the hospital. Although liability was fairly clear, defendant's did try to raise an issue by claiming plaintiff failed to have his headlights on and was not wearing a seat belt. We proved our client was in fact wearing his seat belt and did have his head lights on. Our client, a 37 year old Russian immigrant employed as a truck driving dispatcher, sustained the following injuries: Broken nose, small (1/2 inch scar near his left eyebrow, comminuted talus (ankle) fracture. Total gross medical bills approximately $100,000. His wage loss was less than $20,000. Defendants contested the nature and extent of the injuries along with the need for future treatment. The case settled at mediation for $600,000. We prepared a multi-media presentation at the mediation. The defense attorneys, insurance representatives and mediator all commented who impressive the presentation was and how it significantly effected their evaluation of the case. The mediator, a retired attorney with over 30 years experience, commented this was the largest ankle fracture settlement he had ever seen or heard of."

"We represented the heirs a homeless man who took several police departments on a high speed chase through city streets in a stolen vehicle before it was disabled by a spike strip. After a lengthy standoff where officers surrounded the decedent and shot several rounds of tear gas into his vehicle, he exited and walked towards the officers. When he did not comply with orders to get on the ground, the supervising officer called for use of a "bean bag" round, a form of "less lethal" force, but the shooting officer shot decedent with a live shot gun instead. The defendant police department claimed that since the live shot guns and bean bag guns were identical, the shooting officer made a simple mistake under stressful circumstances created by the decedent. They further alleged that decedent was a threat to the officers and therefore the use of deadly force was justifiable. We proved that the department inadequately marked the bean bag shot guns to distinguish them from the real shot guns, and a police video demonstrated that the decedent did not represent a threat to officers that would justify deadly force."

"We represented a homeless woman who was hit by a bus while riding her bicycle in a crosswalk. Our client was riding her bicycle at night without any reflective lighting on her bicycle as required by the California Vehicle Code. In addition, witnesses testified she was riding on the sidewalk before entering the crosswalk, a violation of the City ordinance. She was struck in the crosswalk by a bus making a right hand turn. The investigating police officers determined our client was solely responsible for the accident. Defendant's also claimed our client was not visible because of her dark clothes and lack reflective lighting. We hired a forensic photographer and an accident reconstruction expert to prove that the bus operator should have seen our client if she were looking. Our client suffered a significant left leg injury and was hospitalized at UC Davis for a couple of months. The case settled a few days before trial. No offers were ever made until the case settled at mediation."

"We represented the parents of a two year old girl who was killed when she was run over by defendants' van. The defendants argued that they were not negligent because the defendant driver could not see the girl when he got in his van and he assumed that her mother or the other adults present were watching her. We were able to recreate what defendant should have seen using state of the art testing and were able to prove that defendant should have seen the girl prior to starting his van. The case was settled on the first day of trial because the parents wanted to put the litigation behind them and avoid the emotional impact of trial."

"We represented a 52 year old bus driver who was rear ended in a construction zone on Highway 99 by a big rig truck. Two years after the accident, our client underwent low back surgery. Medical records from before the accident indicated that he had been seen by doctor's for "chronic" low back pain. The defense contended that with his prior condition, and with the strain of working as a bus driver, our client was going to have low back surgery even if the accident hadn't occurred. They offered $100,000 before trial. At trial, we proved that the collision caused the onset of the radicular leg pain that made surgery necessary and the jury returned a verdict in our favor. "

"We represented an individual who was injured when the light-rail train he was traveling in derailed. Our client was standing up waiting to exit when the train derailed for an unknown reason. The client initially retained another attorney to represent him. The prior attorney advised the client to settle his claim for $50,000. The client fired his prior lawyer, retained our office, and within six months we were able to settle his case at mediation for $350,000. "

"Plaintiff is a 41 year old truck driver who delivered and installed machinery. He was rear ended by another truck and sustained soft-tissue neck and back injuries. After continuing to work for almost a year, he was no longer able to continue performing his physically demanding job, and was ultimately retrained as a computer network technician. The defendants hired five different experts who testified as follows: 1) the defendant was not responsible for causing the accident because he was coming around a blind curve; 2) the impact involved in the accident was too minor to cause serious injury to our client; 3) our client should have recovered from his injuries within three months; and 4) our client could have continued his work as a delivery driver and installer. We proved that the defendant was the only person responsible for causing the accident, and that the accident did cause injuries that prevented our client from continuing to work at his job."

"Plaintiff was involved in a head on automobile collision and taken to the hospital where it was determined that he had suffered a mild stroke. The defense claimed that plaintiff's stroke was what caused the accident. We were able to prove the stroke occurred as a result of the accident and the defense offered to settle."

"Plaintiff was a pedestrian that was struck by a vehicle while walking in a bike lane.Plaintiff suffered a right fibula fracture and an avulsion fracture of medial malleous of the tibia. Plaintiff was unemployed at the time of the accident."

"Plaintiff was rear-ended on the freeway at a high rate of speed. Plaintiff had undergone 4 prior back surgeries and was being evaluated for a fifth surgery before the subject accident occurred. Subsequent to the accident plaintiff had the surgery. Defendant's disputed that the accident caused plaintiff to have the surgery."

"Plaintiff was a mechanic that was injured when the defendant started the engine while plaintiff was touching the fan belt. Plaintiff suffered a ligament injury and underwent an arthroscopic procedure. The defense contended that the surgery was not required by the incident but was a result of a pre-existing condition related to plaintiff's work as a mechanic."

"Plaintiff was struck in the rear of his vehicle by an unknown vehicle that fled the scene. Plaintiff's insurance company disputed the accident occurred and questioned the nature and extent of plaintiff's injuries."

"Plaintiff tenant fell after a stair on a recently constructed stairway collapsed. There were no witnesses and the defense attorneys for the landlord claimed plaintiff staged the fall even though he sustained fractured ribs and punctured a lung."

"Plaintiff was involved in a rear-end automobile accident wherein his vehicle sustained minor visible property damage. Plaintiff had prior ongoing neck pain and had consulted with doctors about surgery prior to the accident. Defendant's lawyers alleged the forces involved in the accident were too minor to cause any injury."