$1,000,000 Awarded to Man Rear-ended in Auto Accident In 2000, Oceanside personal injury lawyer
Russell Kohn recovered $1,000,000 for a 50-year-old man seriously injured
in a rear-end auto collision. As a result of the accident, the man suffered
extensive neck and back injuries and required surgery. He continued to
suffer severe pain, mild cognitive impairment, depression, and insomnia
which led to two suicide attempts. The defendant claimed that another
automobile pulled abruptly from the curb into his path, causing him to
swerve and collide with the plaintiff's vehicle. The defendant also
argued that the severity of the plaintiff's injuries was not consistent
with the minimal damage the plaintiff's vehicle sustained.
for Motor Vehicle Accident Victims In this case, Mr. Kohn helped an injured
couple recover approximately $125,000 in medical expenses as well as $715,000
in additional compensation for injuries sustained in a collision with
a vehicle operated by an army attorney. The defendant pulled away from
a stop sign and made a left turn in the path of the plaintiffs' oncoming
vehicle. As a result of the accident, the 50-year-old wife suffered neck,
shoulder, and back injuries which required three major surgeries to correct.
The defendant, represented by the United States government, contended
that one of the needed surgeries could not be traced to the collision.
After two settlement hearings, the couple was able to obtain compensation
for medical expenses as well as the costs of future, necessary surgeries,
and lost wages for both the wife and husband.
Net Underinsured Motorist Arbitration Award. In May 2015 Attorney Kohn,
along with attorney Suzanne Skolnick, represented a 60 year old man in
an underinsured motorist claim against Truck Insurance Exchange (Farmers
Insurance). The claimant was injured in a November, 2010 rear-end collision
that occurred while he was in the course and scope of his employment as
a school district security officer. He sustained back, neck and shoulder
injuries and had undergone 4 ½ years of treatment, including neck
and back epidural injections and 2 lumbar radiofrequency ablation procedures
by the time the matter reached arbitration. The claim against the underinsured
motorist settled for the $15,000 minimal policy limit. After the worker’s
compensation case was resolved, the case was mediated unsuccessfully with
Farmers offering only $30,000. The case then proceeded to arbitration
before retired Judge Herbert Hoffman. Less than one week before the hearing,
Farmers increased its offer to $175,000. Judge Hoffman determined total
damages in the amount of $681,606.20, which included the following items:
past economic damages of $156,606.20; future medical expenses of $75,000;
past non-economic damages of $150,000; future non-economic damages of
$250,000 and loss of consortium damages for the client’s wife of
$50,000. After reduction for the worker’s compensation benefits
and the third party recovery, Judge Hoffman’s net award totaled $520,000.
$485,000 Awarded to Woman Injured in Motor Vehicle Accident In 2003, Oceanside personal
injury lawyer Russell Kohn helped a 39-year-old wife and mother obtain
a $485,000 settlement for injuries sustained in a head-on motor vehicle
collision. Though liability was not an issue, the severity of the injuries
were contested; the woman had collided with a tree only eight months earlier
and suffered injuries to the same leg as in the second collision. She
eventually required a total knee replacement. The defense argued that
she would have required a total knee replacement within five years even
if the second accident had not happened. The plaintiff's own expert
orthopedist agreed that she probably would have required such procedure
absent the second collision, but not until much later in life. The claim
was ultimately settled in private mediation.
Woman Injured in Fall-
for Woman Injured in Fall An Oceanside woman suffered severe fractures
after falling from her home's second-story window. The 51-year-old
plaintiff stepped out of her bedroom window onto a narrow pot shelf in
order to reach the outside glass which needed cleaning. The pot shelf
was enclosed by a short wrought-iron railing. After cleaning the window,
she leaned against the railing as she was climbing back inside. When the
railing suddenly swung open like a gate, the woman lost her balance and
fell backward onto her garage and then dropped 12 feet to her driveway.
The fall resulted in fractures in her knee, shoulder, and face. The housing
developer and subcontractor responsible for the iron railing were both
named as defendants in the suit. They contended local building codes required
the railing to open in order to provide adequate fire escape, and further
argued that they could not foresee an individual climbing outside onto
the pot shelf as the plaintiff had done. The matter was resolved through
High-Speed Auto Accident-
for client in high-speed auto impact In 2009, attorney Russell Kohn helped
a client recover $400,000 for injuries sustained when the client was head-on
motor vehicle collision. The force of the collision was severe, causing
the plaintiff's vehicle to impact the car in front of him, and totaling
his truck. The collision was responsible for aggravation of degenerative
vertebral disc conditions, and surgery was recommended should non-surgical
methods of treatment, including physical therapy and epidural steroid
injections, fail to relieve his symptoms. The client was unable to work
for two years and had upward of $100,000 in lost earnings due to his injuries.
The matter was settled without trial, for $400,000.
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