$425,000.00 Settlement For Motorcyclist With Traumatic Brain Injury And Fractured Lower Spine.
About the Case
Our client was riding his BMW R1200 GSA on Skyline Boulevard on San Francisco en route from the VA hospital, where he was employed as a supervisor, to SF State University, where he was a graduate student. As he entered the intersection with Harding Road, the driver of a Lexus sedan, making a left turn from the side street, collided with the motorcycle. The crash occurred with such force that the rider was thrown 40-50 feet before falling onto the pavement. Emergency medical treatment was administered at the accident site by the SF Fire Department and our client was then taken to SF General Hospital in an SFFD ambulance.
Case Facts
The admitting diagnosis at the emergency department of SFGH was concussion as a result of head trauma; spinal fracture; lower back and shoulder pain; and multiple abrasions to the lower extremities. He was moved to the neurosurgery unit where ongoing neurological and physical evaluations were conducted. Physical and occupational therapy programs were started; however, because the level of pain our client was experiencing was so severe, physical therapy was significantly limited and the prescription of multiple pain medications was required. Also, his cognitive functioning was noted to be impaired – described as attention span/short-term memory dysfunction.
After three days at SFGH, our client was transferred via ambulance to Kaiser Hospital, San Francisco. The admission notes describe the patient’s back pain, but also noted spasms, headaches, nausea, and loss of appetite. He remained at Kaiser for three days before being released to his home.
The pain and physical limitations continued despite frequent physical therapy sessions and prescribed pain medications. His post-accident condition affected his job performance and academic work. He was unable to complete some coursework and had to repeat classes. At work, he needed more time than was previously necessary to complete his normal duties. In an effort to aid his recovery, our client tried acupuncture which increased his range of motion but was ineffective in relieving the level of pain.
GJEL Attorneys were retained to assist in seeking compensation for medical expenses and income loss. A complaint for damages was filed on behalf of our client, but a final and complete resolution of his claims was not reached until his medical situation stabilized. GJEL partner Jim Larsen obtained an independent neurological examination of the plaintiff. His findings supported Attorney Larsen’s position in negotiations with GEICO, the responsible party’s insurance carrier, that cognitive issues persisted and would require evaluation and treatment in the future.
The GJEL attorneys were also effective in negotiating a substantial reduction in the hospital and medical-treatment expense lien. These efforts enabled our client to obtain the maximum financial recovery.
| Insurance Company Names: | GEICO Kaiser Permanente |
| Police Report | San Francisco Police Dept |
| Vehicle Types | 2008 BMW R1200 GSA Touring motorcycle 1999 Lexus GS 300 |
| Accident Locations: | Skyline Blvd intersection with Harding Rd, San Francisco |
| Hospitals and Medical Centers Visited | San Francisco General Hospital Kaiser Hospital, San Francisco |
| Types of Injuries (Specific as possible) | Traumatic brain injury, L1 endplate fracture, displaced fracture L1 transverse process, post concessional syndrome |
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Andy is a highly recognized wrongful death lawyer in California.