Case Study: A Victim of a California Car Accident Receives More Than $170,000 Verdict
California law allows personal injury claims to be filed against the government if one of its employees acts negligently and that negligence causes an accident while they are acting within the course of and scope of their job. The truth is that a governmental personal injury claim is more complicated than others but they are sometimes necessary.
Read on to learn more about one particular case in which a plaintiff was awarded upwards of $170,000 for a car accident with an on-duty government employee. If you believe that you have a reason to file a personal injury case, whether against an individual, company, or government entity, then we encourage you to contact Law Offices of Fernando D. Vargas at 909-982-0707.
The facts of the case in question
The facts involve a 46-year-old woman named Mildred Najera who was driving in California in June of 2014. The defendant in the case ran a red light and hit Najera’s vehicle. Said defendant was working for the City of Upland at the time of the accident. Najera filed a lawsuit in which she claimed that her previous neck injuries and back problems were made worse by the accident.
Said plaintiff said that the defendant was negligent because the defendant ran a red light and that they were working for the city at the time of the accident. Though she admitted to previous injuries, she said that the accident aggravated them. She also stated that her rotor cuff was torn in the accident, which required surgery to repair.
The defendant’s side of the story
The City of Upland argued that since the injuries dated back to 2009, they were not responsible for them. The city also argued that Najera did not report any pain in her shoulders for three months after the accident and that the total time her pain was worsened was just ten to 12 weeks and that after that, her pain levels went back to previous levels.
Settlement offers and the results of the jury trail
Before the trial took place, Najera demanded $150,000 from the city and the city offered $55,000. Neither side was willing to compromise and the case went on to trial. The plaintiff had a medical expert testify on their behalf, while the defense called two medical experts. The trial went on for six days and the jury came to a decision in just an hour and a half.
The result was that they awarded for $173,000 for Najera. This included $73,000 for previous medical costs and $100,000 for noneconomic damages. The jury also awarded Najera $35,000 in interest and taxes because they found for more than her initial pretrial demand.
If you have been involved in a car accident then you may also need to take you case to trial. We can also work to find a compromise with the other side. To find out what your options are, contact Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation.