Chris, an IT Tech, was struck by a 90-year-old defendant in the middle of an intersection in Foster City, after his light turned green. Chris claimed he was 40% through the intersection when he was struck. He was taken to the ER by ambulance. 

The jury heard that Chris suffered neck, back and radiating leg pain for several months before the accident. His radiating leg pain was going on for two to three years before the accident and treated with Kaiser and a local chiropractor before the accident. Chris denied having any pain before this accident.

Because of this accident Chris argued that he suffered right sided low back pain radiating to his right leg. Also, he was experiencing right foot numbness. Pain was present 100% of the time. He reported that he can walk without pain for 20-30 minutes.

Chris’s orthopedist told the jury the accident caused lifetime injuries to his neck, low back and leg pain. This would require future surgeries such as disc replacement and possible fusion. 

Chris’s expert estimated medical costs at $916,390.

The jury didn’t bite. 

Jury Verdict was $100,000 for past pain and suffering and medical costs. Zero future costs.

San Mateo Superior Court

20 CIV 03255 Hon Susan Greenberg presiding.

Jury Trial 7 days -- Jury Deliberation 5.5 hours. 

August 4, 2020

PRO TIPS 

• Juries are skeptical of future surgeries that never take place.
• Asking too much often alienates a Jury. 
• Pre-existing injuries can often hurt the present PI Case unless there is hard documentation that the preexisting pain was merely aggravated.

Some doctors do not like to document. Dr. Lewkovich offers smart shortcuts that avoid hurried and incomplete charting. 

Some of his Useful Phrases that deserve your attention are: 

• *Progress slower than expected

• *Needs to be driven to work due to MVA anxiety

• *Missed last 3 OV’s due to flu

• *Nighttime jaw clenching

For a list of 50 excellent phrases, email John Tawlian.

Here is your annual reminder that we cannot get bills paid that we do not have. If an attorney asks for your bills and records, it is because without them, they cannot submit a complete demand package to the insurance adjuster. The law requires that bills and records be sent to patients or a patient’s representative within 15 days of a written request, but you should be aiming to get them done within a week or two of the end of treatment. When you’ve done all the work on a PI case, don’t drop the ball at the 1 yard line. Finish your PI case strong by turning in bills and records in a timely manner so the PI attorney can you get paid.