Rains Lucia Stern, PC, 07/30/13
Rains Lucia Stern’s personal injury litigators provide peace officers and their friends and family members with comprehensive advice and legal assistance on injuries sustained on and off the job. As a result of offering these services to our clients, Rains Lucia Stern’s civil trial team, including Joseph R. Lucia and Eustace de St. Phalle, has recently accomplished its goal to vigorously pursue the best results possible for each client, and to work toward full compensation for injuries sustained.
Joseph R. Lucia has obtained a $1,500,000 pre-filing settlement for a head-on collision that involved the father of former Pinole PEA President and current PORAC Bay Area Chapter President Matt Avery. This was a full policy limit settlement that was obtained before a lawsuit was filed, which avoided incurring substantial litigation costs and maximized the client’s recovery.
On August 29, 2012, William Avery, 72 years of age and father of Pinole Police Sergeant Matt Avery, was traveling northbound on SR-9 in an unincorporated area of the County of Santa Cruz. Mr. Avery was traveling approximately 35 to 40 mph in a restored 1972 Datsun 240 Z. Defendant Marva Smith was also traveling on SR-9, but in the opposite direction. She was on her way home from work and was traveling approximately 35 to 40 mph.
As Defendant Smith traveled into a curve in the roadway, she inexplicably crossed over the painted double yellow lines into oncoming traffic. Mr. Avery noticed Defendant Smith coming directly at him and attempted to brake in an effort to avoid a collision. Defendant Smith, on the other hand, was not slowing, braking or turning her vehicle and as she crossed over the double yellow lines she collided head-on with Mr. Avery.
Mr. Avery sustained serious injuries from the collision that required Life Flight transportation to Stanford Hospital where he underwent trauma evaluation. It was determined that Mr. Avery suffered the following list of injuries: lacerations, abrasions, bilateral talus fractures and a concussion.
Mr. Avery remained in hospital care, assisted living facilities and skilled nursing care from the date of the accident (Aug. 29, 2012) until about February 2013. During his hospital stays Mr. Avery underwent multiple surgical procedures to repair his bilateral talus fractures.
Due to the complexity of Mr. Avery’s injuries and the extent of his treatment, Joseph R. Lucia met with various medical professionals and conducted an in-depth review of Mr. Avery’s medical records. This comprehensive evaluation resulted in the production of evidence that included a report from his treating physicians outlining all the necessary future medical care, including additional surgeries, and future restrictions and limitations of Mr. Avery.
With this crucial evidence in hand, plaintiff sent an exhaustive demand letter for the full policy limit of $1,500,000. A month and a half later and prior to the filing of a civil action, the parties agreed to settle for the full policy limit of $1,500,000.
Please note that the above case summaries are not a guarantee of future results. Thank you.
NOTICE: Pursuant to Labor Code Section 5432(a), making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
