The Shamsi Law Firm Secures $4 Million Settlement for Injured Motorist
NORTH HOLLYWOOD, California — The Shamsi Law Firm, APC announced today that Shahab Sean Shamsi, principal, and founder of the firm, settled a motor vehicle personal injury lawsuit for $4 million through mediation, on behalf of the firm’s client, Dana Bouchard.
Mrs. Bouchard was severely injured when a vehicle driven by Javier Gonzalez struck her vehicle. Gonzalez, however, was not at fault for this accident. His car collided with Bouchard’s only after being struck and bouncing off a vehicle driven by Roberta Ybarra. Ybarra had made an unsafe left turn directly into the path of Gonzalez’s oncoming vehicle, and the police report determined Ybarra’s negligence was the sole cause of the accident. Bouchard’s settlement with Ybarra eventually disposed of her medical bills.
“Mrs. Bouchard retained me after two other law firms had failed to secure a settlement that would pay her unpaid medical expenses, then over $140,000,” said Shamsi, who knew he would be splitting attorney fees and might recover little about the time spent on the case. “I knew there must be more to this case than initially presented and felt that Mrs. Bouchard deserved justice for her pain and suffering. I believed that if I explored avenues the other attorneys had not considered, I might be able to help her.”
AAA Insurance paid the policy limit of $100,000 to settle Ybarra’s portion of the case. Because of a Medi-Cal billing error, the hospital bill was waived and Mrs. Bouchard netted $53,000. While a significant victory, that result failed to satisfy Shamsi. He wondered why Gonzalez had never been questioned. During deposition, Gonzalez admitted he had been driving more than a safe speed for the road conditions.
Under California Civil Code Section 1431.2-1431.5, Gonzalez could be held liable as a joint tortfeasor for the portion of damages not covered by Ybarra’s settlement. Although the previous attorneys in the case had presumed that Gonzalez’s policy limits were unworthy of pursuing, Shamsi uncovered that Gonzalez was driving a company car; as such, policy limits rose to $4 million.
Shamsi added Gonzalez as a defendant in the case and began settlement negotiations with his insurer, Old Republic Insurance Company. This portion of the case eventually went to mediation and although Gonzalez and his insurer denied fault and claimed Mrs. Bouchard’s condition was unrelated to the accident, a mediator awarded Mrs. Bouchard $4 million.
About The Shamsi Law Firm, APC
Shahab Sean Shamsi represents plaintiffs involved in auto accidents that result in serious injuries, loss of life, paralysis, amputations, brain injuries, or severe fractures. Since being admitted to the State Bar of California in 2007 after graduating from the New England School of Law in Boston, Shamsi has helped countless Californians secure compensation for their injuries. For more information, log on to www.shamsilaw.com, or call (818) 764-7640.
