GJEL Accident Attorneys was able to achieve a $500,000 personal injury settlement for a pedestrian who sustained multiple fractures and a traumatic brain injury when struck in a crosswalk. Read about the case details below to see how we helped our clients get this victory against their insurance company.
About The Case
Our client was crossing Hearst Street at the Spruce Street intersection, in Berkeley, California, when he was violently struck by a vehicle. The pedestrian was in a marked crosswalk. The force of the impact propelled our client up onto the front hood and windshield of the Mercedes which carried him fifty feet from the point of impact before he fell forcefully to the pavement.
The Berkeley Police Department responded to the accident and conducted an investigation, including obtaining several witness statements. As a result of the investigation, the BPD cited the driver of the Mercedes for violating the pedestrian’s right-of-way and for DUI.
Our client was transported by ambulance to the Highland Hospital, Oakland, emergency department where the intake diagnosis described fractures of ribs, left collarbone, left lower cervical vertebrae, thoracic vertebrae, lacerations to the head, and internal head bleeding. During the five-day hospitalization, metal fixation devices were implanted to the fractured clavicle and secured with screws. An open reduction was performed to insert a fixation device on the fractured cervical vertebrae.
Case Facts
At the time of the accident, our client had just begun a PhD. program in biochemistry. When he returned to the laboratory, he became immediately aware of a loss of function- physically, the surgical repair of the fractures impeded the dexterity he needed to perform the required lab work.
Just as serious was the loss of working memory, difficulty in concentrating for the time needed to process scientific data, and cognitive symptoms including immediate and delayed verbal and non-verbal information.
The graduate student reached out to GJEL Accident Attorneys to ask:
- Could he seek compensation for his medical expenses,
- Could he be compensated for the cost of future medical treatment, and
- Could he be compensated for reduced future earnings because of the loss of ability to perform at the highest level of scientific laboratory work.
GJEL Attorneys Andy Gillin and Jim Larsen developed extensive evidence of the physical and neurological consequences to our client from the accident. The treatment and recovery from the multiple fractures caused significant restricted movement-including fine-motor muscle control which seriously hampered his academic lab work. After several neuro-psychological observations and evaluations of our client by medical specialists, the GJEL Attorneys established the effect of the loss of cognitive function due to the traumatic brain injury, overcoming the doubts of the Liberty Mutual lawyers, representing the defendant driver.
With this compelling evidence, the GJEL Attorneys were able to obtain the maximum settlement as compensation to our client.
| Insurance Company Names: | Liberty Mutual Insurance Company |
| Location of Accident: GPS Coordinates & Map (Casey provides) | Hearst St, at intersection with Spruce St., Berkeley, Alameda County, CA |
| Police Report | Berkeley Police Department |
| Vehicle Types | 1991 Mercedes 190 |
| Accident Locations: | |
| Hospitals and Medical Centers Visited | Highland Hospital, Oakland, CA; University Health Service, UC Berkeley SpineCare Medical Group, Daly City, CA |
| Types of Injuries (Specific as possible) | TBI (closed head injury); fractured collarbone, fractured cervical and thoracic vertebrae; head laceration; loss of consciousness |
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.