Adel & Pollack has countless success stories in
the battle to get fair compensation.
In the last year, Adel & Pollack has been fortunate to help many clients get past the nay-saying of the insurance companies and corporations. For example:
- A client slipped and fell, breaking his leg, at a major discount store. The market treated him as if the fall was his fault, even going so far as to suggest he was looking to get hurt! After Adel & Pollack got involved, we saw that the store’s own video surveillance showed that a worker had been mopping in the area just seconds before our client slipped. We hired an expert to inspect the site of the fall and learned that the floor was maintained in such a way that, when it was wet, it was as slippery as ice. We were able to settle for a fair amount without going to trial.
- In a case involving a young man on a bicycle, Progressive Insurance repeatedly denied fault for the collision and tried to claim that our client was not hurt – even though his doctor was worried about permanent nerve damage. Although the initial settlement offer was $7,300, we kept fighting until (about a month before trial) the case settled for more that 10 times that amount.
- A client on his scooter was struck by a delivery truck. Contrary to common expectations (perhaps due to today’s economy) the truck had only minimal insurance coverage. Although the client’s injury was substantial, the insurance company for the truck attempted to blame the guy on the scooter. When we were able to show that the truck driver had been drinking, a settlement for the policy limit was accomplished. In order to assure a complete recovery by our client, we initiated a demand to our client’s own insurance company under his underinsured motorist coverage. That coverage provided our client with compensation that would not have been available had he waived his uninsured motorist coverage.
- In another automobile case in which our client was hurt and disabled, the police had investigated and determined, based on a so-called independent witness statement, that our client was at fault for the collision. By persevering and conducting our own investigation, Adel & Pollack was able to determine that the “witness” had actually not even seen the crash!! With physical evidence and our client’s testimony – again with the aid of underinsured motorist coverage—we were able to obtain full compensation for our client.
- Independent investigation became vital in an automobile collision that occurred at an intersection in Lake Elsinore. The CHP determined that our client was responsible for the collision due to a high rate of speed. Our client disputed this finding. Over the next several months Adel & Pollack made several visits to the scene of the collision. The intersection and the surrounding area were photographed. We obtained copies of surveillance videos from a neighborhood convenience store. The videos were synchronized and used in conjunction with the still images. This allowed us to demonstrate not only that our client was not speeding but also that the other vehicle had failed to yield the right of way.
- Not all our successes relate to automobiles. A client who fell on an uneven sidewalk wondered whether it was worthwhile to try to “fight City Hall” to recover for her fractured shoulder. While investigating the circumstances, we learned through legal discovery and public records that the adjacent landowner had replaced the sidewalk. The work was done without a permit and did not meet the requirements for the building code for compaction. Thus we were able to show that the uneven sidewalk was the result of a lack of support due to the improper construction techniques.
- Our Client Would Not Give In and We Would Not Either. While
out Christmas shopping, our client’s car was struck by a truck
that was fully loaded with asphalt. She was seriously injured and
endured a long hospital stay. However, she did not stop fighting
and continued in her courageous battle to return to a normal life.
Initially she retained a different law firm to handle her claim.
Because of her injuries, she had no recall of the collision. The
police therefore wholly adopted the version of the truck driver
and determined that the accident was her fault. Her first attorney
advised her to drop the case so she turned to Adel & Pollack for
We soon discovered that portions of the truck driver’s story did not add up so we undertook an extensive investigation. We tracked witnesses to Tennessee and went there to take their testimony. We consulted with a paving contractor to learn the delivery procedures and asphalt truck characteristics. We located the foremost West Coast expert to analyze the tachograph that recorded the truck’s pre-collision engine speed and other data. We videotaped the approach to the intersection and the pattern of its traffic lights.
All of this information was pieced together to demonstrate that the truck driver’s version was not reliable. Our expert reconstruction of the collision from all this data revealed that the defendant’s driving was aggressive, that he was speeding and that his traffic light was red when he entered the intersection. Documents obtained from the DMV and the defendants were also used to undermine the credibility of the driver and his employer.
The combined fighting spirits of our client and Adel & Pollack resulted in a substantial recovery for her that will ease the effects that this traumatic and emotional event have had on her life.
- A rear-end crash – What’s the Problem?
A moving company driver was inattentive in August 2006 and, without any slowing, crashed his truck into the rear of our client’s stopped car. Our client suffered immediate severe neck pain, was extracted from his totaled car by paramedics and was taken to the hospital. X-rays showed that the severe force of the collision caused a fracture of one of the bones in his neck. Although the bone healed over the next few months, he continued to suffer from pain that required orthopedic visits, physical therapy, chiropractic treatment and the services of a pain management specialist.
Our client had worked in the construction industry for over 30 years. Like anyone his age and with his work history, he has evidence of aging in his neck. Over the years prior to this collision he would have periodic discomfort of the muscles in his neck brought on by the physical nature of his occupation. The defendants, through their insurance carrier and their 6 lawyers used these occasional complaints to deny responsibility for the new injuries that resulted from the crash.
They even hired an orthopedist who stated that there was no objective evidence of injury despite the force of the collision and the x-ray evidence of the fractured bone! The defense attorneys ran up their legal fees for 2 years before finally advising their client, 5 weeks before the trial date, to accept liability for the collision but still not for responsibility for the injuries.
Adel & Pollack contacted the doctors [in California and Hawaii] that had treated our client on and off since 1983. We were able to secure their testimony establishing that the injuries from the traffic collision were new and of a degree far in excess of any prior complaints. Our efforts promoted a $250,000 settlement of this matter. Remember this case the next time the insurance companies try to tell you that it is the plaintiffs and their lawyers that file too many lawsuits.
- Nancy Adel & Barry Pollack win $1.2 million dollar jury verdict.
A 65-year-old retired sculptor underwent prostate surgery and a
sponge was left in his abdomen. The circulating nurse and scrub
technician wrongly stated the count to be correct. The sponge was
discovered 2 ½ years later followed by an unsuccessful attempt
to remove it. Prior to discovery of the sponge, plaintiff had increasing
pain that was diagnosed as related to the spine and had a microdiscectomy.
The hospital denied liability, claiming that the nurses fulfilled their duty by counting sponges at the appropriate times in the appropriate ways. “Perfection” is not required, so they were not negligent just because they got the count wrong.
The surgeon denied liability, saying that the nurses were to blame and that he did everything reasonably possible to prevent a retained sponge from occurring.Both defendants said plaintiff was not hurt and that all his ongoing pain comes from his degenerative back condition.After a 14 day just trial, the jury found the hospital liable for the nurses’ negligence and awarded our client $1.2 million dollars.
- Having a piece of roof fall on your head is not good for anyone. It is especially
not recommended therapy for someone who has already suffered a previous brain trauma.
Although the defendant in this case claimed that the injury was our client's fault, Adel &
Pollack successfully established that the negligence of a subcontractor was the cause.
This allowed a claim to be made for the full amount of our client's injury in the regular
personal injury system, in addition to his Workers Compensation benefits.
In order to recover from his injuries, this client needed serious rehabilitation that was
definitely not available through Workers Compensation. He was unable to drive or to work. This in turn
forced his wife to care not only for him but also for their children while maintaining her
own busy work schedule. Barry Pollack and Nancy Adel arranged a present value settlement
of $750,000. Through work with economics professionals, the recovery was structured to
provide a lifetime payout of benefits to this client and his family.
- Have you ever walked across a street on a blinking "red hand?"
A client of Adel & Pollack was hit while in the crosswalk by a left turning vehicle. The
defense argued it should not have to pay anything because the Don't Walk light was blinking,
even though the light was clearly green for our client's direction of travel!At her deposition,
the defendant driver testified that she did not see our client until she was directly in front
of her Mercedes - right in the crosshairs of the Mercedes emblem on her hood. The Mercedes "star"
fractured the client's cheekbone.The defense tactics did not prevail but rather a settlement was
obtained on the courthouse steps for 10 times the amount of the medical bills.
- Falls on unsafe surfaces yield Six Figure awards for injuries
When there is less than a foot of difference in elevation between two levels in an outside
area, the best solution is a ramp or one or two stairs, clearly marked with caution signs
and contrasting paint. Careless property owners sometimes take shortcuts and avoid the
safest way - and people are hurt as a result. Two recent cases deal with this important
safety issue. In the first one, involving a walkway at a car dealership, the presence of
a step was obscured by the black paint on the surface. Visiting other locations and
taking pictures of steps with clear demarcations and warning signs, Adel & Pollack convinced
the defendant to pay a fair settlement to our injured client - and to repair the unsafe
condition at its location. The second case is still pending, and we are looking forward
to similar results to improve our clients' lives and encourage businesses to provide safe
conditions for all consumers.
In another recent matter, our client slipped on wet concrete. Preliminary testing revealed
that the concrete had adequate friction to be safe even when wet. However, the client
slipped when she should have been safe so the investigation continued in order to unearth
the cause of her fall. An in-depth examination of the surrounding surfaces demonstrated
that the area of the fall was shaped to be a catch basin for debris that was hosed off the
sidewalk. This resulted in the wet concrete being contaminated with elements that
decreased the friction and unreasonably increased the risk of falls and injury.
- The defendant tour bus company did not want to pay full value
to our clients, the 3 surviving children and the spouse of a 25-year
old woman born in South Central Los Angeles. The driver of the
bus torpedoed his vehicle directly into her Jeep Cherokee. The
car had stalled and Mrs. Hodge was stranded in the middle of the
freeway waiting for help. Before help could arrive, the crash
with the bus resulted in her death. Yet the defendants wanted
to blame the dead woman and her husband, our client, saying that
the car wasn’t well-maintained; that it was the family’s
fault that the car stalled; and that the woman should have gotten
out of the vehicle after it stalled.
Adel & Pollack did an intensive investigation
and hired expert witnesses to recreate the cause of the Jeep’s
failure and of the crash. Other experts were hired to calculate
the economic and non-economic loss to the family from the death
of this young wife and mother. The result was that we were able
to demonstrate that the fault for this tragic loss was solely
the defendants’ responsibility.
By fully preparing our litigation strategy and taking all the
steps necessary for trial preparation, Barry Pollack & Nancy
Adel were able to settle this case at a mediation, in an amount
that will create an education and support fund for all the children,
allow the purchase of a house, and provide for their future
economic security. In this way, the legacy of their mother will
be preserved, and the cost will justly be paid by the insurance
company for the defendant bus company that caused the loss.
- Truck jack-knives on country road directly in front of opposing
traffic – trucking company initially denies responsibility
but is convinced by Adel & Pollack to pay
$2.2 million dollars to 48 year old ship’s cook whose leg
was crushed when her car crashed into the side of the tractor-trailer
- Obstetrician blames patient for her inability to get pregnant
after he performed fertility surgery – but the jury agreed
with Nancy Adel’s closing argument and reimbursed the patient
in the maximum amount allowed by law
- Family doctor delays treatment of patient for an hour while
he waits for a specialist to arrive at the hospital – and
jury agreed with Adel & Pollack that the
delay killed the patient, the stay-at-home father of 2 small children,
making it up to them with a million dollar verdict
- It is difficult to imagine a greater tragedy than death by electrocution.
Adel & Pollack, as part of their injury accident
practice, recently settled the case of a teenager who drowned
in a pool as a result of faulty wiring. The parents and surviving
sisters will never get over their loss, but their life’s
path will be eased by the structured settlement that will provide
them with psychological care throughout their lifetime and some
compensation in their old age
- Major discount clothing retailer hassles managing employee
– devised strategy to avoid termination and maximize compensation
- Insurance company attempts to dodge liability for major injury
2-vehicle crash – full compensation awarded at arbitration
to young woman facing lifetime of neck and back disability
- Emergency room misdiagnosed significant disease – recovered
maximum amount of general damages allowed under restrictive medical
malpractice law (MICRA) plus an additional $425,000
- Landlord and homeowners association ignore complaints of poor
lighting – Barry Pollack’s presentation brought a
$110,000 jury verdict in face of pretrial settlement offer of
- Seller of property leaves dangerous cleaning agent on property
- creation of substantial education fund for child who swallowed
lye at family home
If you or a loved one is in need of legal assistance, call Adel & Pollack
at (310) 443-4455 or submit an online
questionnaire. The initial consultation is free of charge, and if we agree
to handle your case, in most cases we will work on a contingency fee basis,
which means we get paid for our services only if there is a monetary recovery
of funds. In many cases, a lawsuit must be filed before an applicable expiration
date, known as a statute of limitations. Please call right away to ensure that
you do not waive your right to possible compensation.