Personal Injury Case Results

Residential Care Facility Injury Case – An 82-year-old residential care facility for the elderly (RCFE) resident was dropped by an employee that had not been properly trained during a routine transfer from the toilet to her wheelchair. As a result, she incurred a fractured femur, and was forced to undergo surgery to repair it. Thereafter, the woman was transferred to a rehabilitation facility to receive physical therapy with hopes of making a full recovery. While at the rehabilitation facility, the patient developed pressure ulcers, which lead to infections, substantial weight loss, and fevers. She was eventually forced to undergo several surgeries to heal the progressively worsening pressure ulcers. The patient brought a lawsuit against the care providers, and the firm’s California residential care facility lawyers were able to recover $275,000.00 on her behalf during the early stages of litigation.

Slip & Fall Incident/Hip Surgery - A 54-year-old woman went to a hair-school in North County San Diego intending to get a color and cut. During her beauty appointment, she suffered severe injury after falling upon a wet area on the flooring. Specifically, after receiving a rinse by a student hairstylist, the client slipped on a clear gel-like substance that had been left on the floor while returning to her chair. In the fall incident, she broke her hip, and had to undergo reparative surgery. During the litigation, defense counsel for the school argued that the client fell when she mis-stepped trying to get back into her chair, and not as a result of any slippery or wet substance that has been left on the floor. Notwithstanding the contentious dispute as to how the fall incident actually occurred, Berman & Riedel, LLP, was able to settle the case for the client at mediation with the defense agreeing to pay the client $400,000.00 in cash settlement.

Slip & Fall Incident/Back Surgery - A 41-year-old woman went to San Diego, California, day spa, where she suffered injuries to her back after falling upon a wet common area flooring. After using the facility's whirlpool, the woman walked into an adjacent restroom which was wet, and the tile flooring was uncovered. During the litigation, the facility's staff admitted that they had failed to place mats on the tile floor which it normally used to prevent falls on the slick surface, nor had they mopped, cleaned or recently checked the bathroom flooring. In falling, the woman suffered severe back injuries, which required fusion surgery. Although she made a very good recovery, the injuries she sustained severely impacted her life and ability to continue as a nursing student. Through mediation conducted during litigation, Berman & Riedel, LLP, settled the case with the defendant spa paying $550,000.00.

Personal Injury/Slip-and-Fall – Berman & Riedel, LLP, represented a 64-year-old woman who suffered a fall in the parking lot of a San Diego Mall after she tripped over a displaced concrete parking stop and suffered injury. It was believed that the parking stop had been displaced for a while, as a post-fall inspection conducted throughout the entire parking lot revealed numerous other detached and displaced parking stops. As a result of the subject fall incident, the client sustained multiple injuries, including severe bruising to her right arm and a severely fractured right wrist. The client had to undergo reparative surgery. Although the client was retired from employment, the injuries she sustained in the fall incident affected her ability to take care of her developmentally disabled brother. Despite incurring only $29,400.00 in total medical expenses, Berman & Riedel, LLP, was able to settle the case for the client at mediation for $247,500.00.

Worksite Injury/Wrongful Death - A 40-year-old husband and father of three was electrocuted while working in a welding shop. His family retained the firm, which brought suit against against the electrical contractors who had performed extensive electrical work in the welding shop building shortly before the electrocution death. After two years of hard fought litigation where defendants argued that decedent died through his own misactions, the firm was able to recover $825,000.00 for the family.

Premises Liability/Trip and Fall - A 35-year-old woman sustained a neurological disorder causing persistent pain and numbness in her back, shoulders, and arms after she tripped over a dangerous, unmarked storm drain in a community college parking lot. Although the school contested liability throughout the litigation, it ultimately paid $593,750.00 to settle the case one month before trial.

Work Site Injury - A retired 72-year-old man sustained a spiral fracture to his leg after a heavy piece of equipment fell from a forklift, pinning him underneath. At the time of the incident, he was in the process of helping a friend move equipment and other machinery out of his warehouse into a storage bin. During litigation, the firm argued that the operator of the forklift, who worked for an independent company, bore full responsibility for failing to properly secure the load to the forklift. After extensive pre-trial discovery, the firm was able to achieve settlement on behalf of its client in the amount of $125,000.00.

Work Site Injury - A 21-year-old day laborer sustained a crushing injury to several fingers of his dominant hand after it became caught between the chute of a cement truck and a wall. The firm brought suit claiming that the operator of the cement truck unlocked the heavy chute without notice and without having been given the proper signal. The firm was able to obtain settlement for the plaintiff in the amount of $420,000.00.

Premises Liability/Trip and Fall - A 33-year-old woman working as a temporary paralegal for a La Jolla law firm was injured when she slipped on a pile of discarded pistachio nut shells in the stairwell, which she had entered to travel between floors of the law firm. Plaintiff fell down the entire flight of stairs, suffering severe injuries which required surgery on her shoulder, knee and wrists, as well as extensive physical therapy. Despite testimony from a maintenance company employee that the building’s stairwells were inspected several times per day, several employees who worked in the building testified that the pistachio shells were allowed to remain in the stairwell for at least a week prior to the fall. The defendant building owner and maintenance companies paid plaintiff $410,000.00.

Disclaimer: Case results as reported above were derived based upon facts and circumstances specific to each separately reported case and publication of such case results is for informational purposes only and by no means is intended to constitute any representation or guarantee of a similar result for your prospective case.


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Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide support that the client needed.
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Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP helped litigate the case with successful results.
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FAQ

Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.

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