Trial Victory Against Allstate - $430K

$430K

Catastrophic Injury, Auto Accident

In 2012, Sacramento & Elk Grove-based attorney John M. O'Brien obtained a $430K jury verdict in Sacramento Superior Court on behalf of a 46-year-old woman injured in an auto accident. The case was tried to a jury before Judge Brian Van Camp.

The plaintiff struck a car which was making a left-hand turn. The defendant, a 20-year-old woman, admitted that she made the left-turn although she couldn’t see into the plaintiff’s lane. The defendant was insured by Allstate with a $100K policy. Mr. O’Brien offered to settle for the policy limit three different times on behalf of his client.

After the crash, the plaintiff complained of chest pain, shortness of breath, spinal and left hip pain and was taken to the emergency room. After seeing several doctors, she discovered she had suffered a herniated disc requiring surgery. One year later, she had the herniated disk surgery which was a complete success. After the surgery, Allstate offered the policy limit, but Mr. O’Brien declined.

Mr. O’Brien took the auto accident injury case to trial. After a full day of deliberations, the jury came back at $430K and apportioned 20% of the fault to the plaintiff.

Allstate appealed the decision, and after more than three years, the Court of Appeal affirmed the trial court’s decision and upheld the jury’s award. In February 2016, more than five years after she was initially injured, our client finally received the justice to which she had been entitled to for so long.