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As a Personal Injury Lawyer located in San Diego, Michael Feldman will use his knowledge and extensive experience to best protect his clients rights and see to it that your best interest is always his ultimate goal!
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I have handled many cases in my career as a personal Injury lawyer in San Diego. I am proud to share a few stories from some of the cases that I have handled and the settlements that I have won for my clients.
Significant impact rear end collision case on Nobel Dr. Client's BMW was hit from behind. Client happened to be a medical doctor who for months tried to handle his case on his own. He did not get adequate medical care until several months past when he learned the persistent back pain and pain and discomfort to one of his digits on his hand turned out to be aggravation of a disk protrusion and a fracture of his finger. The case resulted in a six figure settlement that was structured so the client did not pay any income taxes on the recovery. In this case the other driver had a minimum $15,000 policy and my client had UM/UIM coverage under his own auto policy that was greater than the $15,000 so we were able to go after the under-insurance coverage and collect medical payment coverage under my client's own policy after we convinced the other driver's carrier to turn over the $15,000, which by the way was not easy because THEY took the position that he must not have been seriously hurt since he did not "require" an significant treatment for the first several months. In this case as in most of the others that follow, we also had to deal with issues involving our own client's health insurance company claiming a right of reimbursement under the provisions of the health insurance that our client was covered under via his employer. In this case as in most cases THEY try to get every penny THEY can. So we step in and negotiate a discounted amount or under certain circumstances defeat THEIR claimed "right" to reimbursement.
Personal Injury- My client was a pedestrian, under the influence of alcohol, who suffered an amputated leg injury after being backed over by tow truck late at night in a strip mall parking lot. The case ultimately settled for several million dollars in a structured arrangement that involved contributions from the store owner, the property owner for improperly designed parking access and lighting and of course the tow truck operator. In this case the defense vigorously argued that my client was primarily at fault for her own injures because she was very drunk and had been seen pan handling in the parking lot. However, with help of research, and a team of experts, we built a case that centered on the lack of any backup warnings including a backup beeper, or camera that would have alerted the driver of my client's presence. Additionally I argued that the parking lot was inadequately lit and unsafely designed as additional substantial factors in bringing about this most unfortunate incident. My client also did not have adequate health insurance to cover her medical liens. So my office arranged for medical care on a lien basis. This means that we found medical providers who would agree to give her the medical care she continued to need and wait for payment until the case was resolved and the responsible parties paid her the compensation she deserved.
I have handled numerous bicycle accidentcases where the cyclist has either been hit by a car or truck or has hit a depression in the roadway that should have been known about and repaired. The latest incident involved a 81 year old bicyclist suffered a head injury that resulted in a governmental entity paying out a significant 6 figure sum (confidential) primarily based on a failure to know or inspect this portion of the roadway although it was under the exclusive jurisdiction and control of this government entity. Most people do not know that if one is a injury victim on a bicycle or as a pedestrian that the victim's automobile insurance policy may play a significant role. For example if the driver of the other vehicle hits a pedestrian or cyclist and does not have liability insurance or does not have adequate coverage, then the victim's own auto policy that contains a provision or UM/UIM coverage would be available even though the victim was not in his or her car. As long as the incident involved a vehicle your own auto policy may have benefits available to you. For example, regardless of who is at fault, if your auto policy or if the owner or driver of the vehicle that you are in as a passenger, has a provision for medical payment coverage, that coverage would be available to you.
Product Liability- I have handle numerous such cases. In one for example after extensive litigation it finally settled for millions of dollars. The case stemmed from an on the job injury at a manufacturing plant that made insulated windows. My client lost his arm and hand below the elbow when it was pulled into glass roll press machine while he was working on a production line. Typically in these cases since such an injury is on the job, the victim does not think outside the box. He or she is under the impression that the only legal recourse available is Worker's Compensation, which will not pay out compensation for pain and suffering damages. But, as with many similar on the job incidents, the injury although occurred on the job, may still have been the result of a THIRD PARTY and not be limited to one's employer. In this case, the manufacture of the roll press machine was ultimately found responsible based on our theory that the machine rollers were inadequately guarded. After an extensive investigation, we uncovered that a simple switch costing less than ten dollars, could have been added to a removable gate that would have automatically turned off the rollers when my client opened the gate to clean out broken glass. Days before trial would have commenced they rolled over and paid my client millions of dollars over his lifetime. In this case we got around the worker's compensation bar to suing the employer by seeking damages from the third party manufacturer of the machine. Typically these "third party cases" arise when an employee in the course of his employment is on the road and is the injury victim of a car accident or when another vendor or contractor at work who is not a co-employee is negligent and that results in an injury to you or someone you know. I urge you to contact my law office and at least inquire whether or not you have a case before taking one more step. In most such cases you may have as short as two years from the date of the incident to either settle the case or file a law suit. So call today (877) 978-4878 or fill out the Case Evaluation form below.
In a premises liability action, after a 5 day trial I achieved a verdict in excess of $22,000.00 from injuries suffered after a limb from an overgrown tree fell on my client on a hot summer day. The landlord and property management company paid the judgement for failure to adequately maintain and inspect the property.
Vehicle Collisions involving cars and/or trucks are obviously the most common incidents I handle. At the Injury Law Offices of Michael Feldman, I have literally handled thousands of such cases, from legitimate minor impact cases that result in injury to wrongful death and serious injury cases usually involving brain, spinal cord, and joint injuries and fractures. In In one such case, we had to go all the way to judgement after a jury trial because THEY were low balling my client. We achieved a result that was over 3 times what THEY were willing to pay. We got over $60,000.00 in a trial against the driver of a car who struck my client's vehicle causing an injury to a shoulder that resulted in surgery where my client had months earlier been in a previous automobile accident involving the same shoulder. What complicated this case was the pre-existing nature of her shoulder injury. First there was evidence that she had a medical condition from birth where her shoulder did not properly develop. Second she had a very minor accident only 2 months earlier, that involved some shoulder treatment that the medical records indicated completely resolved the shoulder problem before this case arose. Additionally her Health Insurer claimed a right of reimbursement to medical care that was not associated with this case so we had to go to battle with our client's own health care insurer to minimize any reimbursement claim THEY were asserting. Ultimately we were successful navigating the various mine fields and got a result that my client appreciated.
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