Mr. Blane tracked the criminal conviction record of the drunk man while his injured La Mesa resident client treated for his injuries. Mr. Blane's client sustained an Emergency Room visit with X-rays and CT-Scan of the head, and he followed up with his primary care physician and basic physical therapy. The man completed his therapy but was found to have loss motion segment integrity in his neck and was assessed a 30% whole person impairment under the American Medical Association guidelines. Mr. Blane used this medical finding as evidence of future medical, duties under duress, and loss of enjoyment of life. Without this medical finding the insurance would have treated the injury case as a basic soft tissue injury case with no impairment.
To this end, Mr. Blane used the conviction records of the drunk driver to prove the man pled guilty to the DUI charge and asked the insurance company to add "punitive exposure" damages on top of just negligent pain and suffering damages. By doing this, Mr. Blane was able to obtain policy limits for his injured client who would have had a tougher time obtaining said policy limits on his own. A good injury lawyer will always want to track the criminal conviction record in a DUI accident case to help bolster the personal injury civil side as it is quite possible a jury would get to find out the person was not only negligent in causing an auto accident, but also intoxicated (punitive damages).
Mark C. Blane is a San Diego Auto Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.