San Diego Lady Injured by Drunk Driver in Car Accident - Case Settles Fine

San Diego California Drunk Driving Injury & Accident Lawyer Mark C. Blane successfully represented a lady who sustained bodily injuries and property damage due to a drunk driver. The facts were previously stipulated by Mr. Blane when arguing his case, but he went on to convince the insurance company that their insured was negligent in causing an auto accident that resulted in bodily injury and property damage.  Mr. Blane did this by obtaining the criminal conviction record of the drunk driver and used this to bolster the civil personal injury claim. Mr. Blane stated that their insured ran the red light and collided with his client’s vehicle.  Per the police report, their insured was the primary cause factor for the collision for failing to stop for a red signal.  An associated cause factor of the collision was the fact that their insured was driving while under the influence of alcohol. 

Mr. Blane went on to state the following excerpt in his demand package on this case as follows:  

"Your insured was also driving at a speed that was unsafe for the conditions of the roadway. Additionally, your insured fled the scene after the collision. My client presented to Paradise Valley Hospital via ambulance where she was evaluated and given diagnostics.  She sustained active care and then followed up with a chiropractor.  She was given conservative therapy and then released to participate in her own recovery.  Future medical care was documented in the medical findings.It is apparent from the medical records that she did not attend any PASSIVE (i.e. any treatment with an independent medical provider) medical treatment two weeks after the accident.  She was taken to Paradise Valley Hospital via ambulance where she was given diagnostics and medication.  She continued to take medications and home exercises that she performed regularly.  She hoped her symptoms would go away; as you know, this establishes that she tried to mitigate her damages by hoping her symptoms would cease. Thus, given the above facts, that are documented, there is NO gap in medical care.  We are in the position to prove Active Care followed up with Passive Care within normal time frames due to the bio-mechanical force from this accident.  Moreover, attorney has a contingency fee agreement with respect to representation of claimant.  Thus, the holding in California Supreme Court case Centenko v. United California Bank (1982) 30 Cal.3d 528, 534 applies, and thereby affirms California Civil Code Section 2897 rule of priority is applicable to attorneys fee liens. Id at 531.  This rule and case holding shall be construed against any attempt by insurance company to purchase any medical lien that is related to claimant’s claim for medical damages."

Mr. Blane went to settle the matter for good value (both negligent and punitive damage exposure).  The punitive damage exposure was mandated because the at-fault driver was intoxicated.

$67,500.00

Mark Blane
Founder of The Law Offices of Mark Blane, APC