Fred Loya could have settled at $25,000. But no. Out in Riverside County the pumpkin ate Fred.

Mr. Hernandez, a 58-year-old landscaper, was riding his bicycle when struck by a Jeep Wrangler insured by Fred Loya Insurance.

Hermandez was taken by ambulance where he received surgical care at the ER. Fred Loya admitted fault! But defendant denied the severity of Hernandez' injuries. Defendant contended that Hernandez was “fully" healed. And he returned to work.

The evidence showed that Hernandez suffered internal injuries, a traumatic brain injury, and a cervical spine fracture which was surgically repaired with a laminectomy and fusion.

Prior to trial, Fred Loya was given multiple opportunities to settle the case by merely paying the policy limits of $25,000.... but did they? No.

The Jury awarded Hernandez $17,289,919 and another $2,250,000 to his spouse for her loss of consortium.

The total $19,539.919, plus interest and court costs.

Hernandez vs. Castro / Fred Loya

Riverside Superior Court

Accurately stating the severity and its impact for PI cases substantially creates the value of settlements and trials. Let's remember all 4 grades.

• Grade 1: mildest condition. Vertebra has slipped forward by less than 25% of its width relative to the adjacent vertebra.

• Grade 2: forward displacement between 25% to 49% of its width. Symptomology is usually present, with nerve compression.

• Grade 3: forward slip of 50% to 74% of affected vertebra’s width. Persistent pain.

• Grade 4: 75% to 99% vertebra moved forward. Debilitating pain.

X-Rays, CT Scans and MRI are the standard diagnostic tools. Associated issues include spinal stenosis, herniated discs and degenerative changes.

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