On January 19, 2022, a 32-year-old HVAC technician employed by Bay Air Systems suffered a severe concussion while working in Contra Costa County. A 50-pound hatch fell and struck him on the back of the head as he worked on a ladder. No police report was filed.
Client Details
The client, a father of two, was referred to GJEL Accident Attorneys by his daughter, whom the firm had previously represented. He immediately sought legal assistance, believing the worksite was mismanaged.
Injury Details & Medical Treatment
The client sustained:
- Cervical strain
- Concussion with brief loss of consciousness
- Muscle spasms
He was transported to John Muir Medical Center for CT scans and MRIs. While surgery wasn’t needed, he underwent physical therapy and neurological treatment. Family provided in-home care due to frequent nausea (up to five times daily). Six months later, he returned to work with limited duties.
Long-term effects include:
- Photophobia
- Cognitive difficulties (memory, attention, anxiety)
- Intermittent tinnitus
- Vertigo
He lost six months of wages from his $110,000 annual salary.
Legal Process & Challenges
Attorney Jim Larsen handled the case, which lasted three years from intake to settlement. The primary legal issue was determining who was responsible for maintaining the worksite—his employer or the third-party contractor responsible for the equipment.
Depositions were taken, and a lawsuit was filed to compel discovery and establish liability. Proving third-party liability was the major hurdle, as it involved complex contractual agreements and worksite safety regulations. GJEL attorneys conducted extensive research into industry standards and safety protocols to bolster the claim.
Additionally, the defense attempted to minimize the long-term impact of the client’s injuries, requiring GJEL to present compelling medical evidence and expert testimony to accurately portray the client’s ongoing suffering and limitations. The need to coordinate with multiple parties and navigate their respective insurance policies further complicated the process, demanding meticulous attention to detail and strategic legal planning.
Case Outcome
Through diligent investigation and legal action, GJEL Accident Attorneys secured a $500,000 settlement for the client. This compensation accounted for medical expenses, lost wages, and the long-term effects of his injuries, providing a financial foundation for his ongoing recovery.
The settlement was achieved through strategic negotiation, avoiding the need for a protracted trial, which allowed the client to receive compensation more quickly.
This outcome not only addressed the immediate financial burdens but also acknowledged the client’s future needs, including potential ongoing medical care and the impact of his injuries on his quality of life. The settlement also served to hold the responsible parties accountable for the unsafe worksite conditions that led to the client’s injuries.
Attorney’s Statement
“We fought to ensure our client received the financial recovery he needed for his medical treatment and lost wages. Workplace injuries should never be taken lightly.” — Jim Larsen, Attorney at GJEL Accident Attorneys.
This case underscores the severe and lasting impact workplace accidents can have, even when they don’t necessitate immediate surgery. GJEL Accident Attorneys’ successful $500,000 settlement for an HVAC technician who suffered a severe concussion demonstrates the firm’s dedication to thoroughly investigating liability and securing fair compensation for injured workers.
By navigating complex legal challenges, including proving third-party responsibility and countering attempts to minimize the client’s injuries, GJEL ensured the client received the support needed to address medical expenses, lost wages, and the long-term effects of his trauma. This outcome emphasizes the importance of holding employers and contractors accountable for maintaining safe work environments.
If you or a loved one has suffered a workplace injury, don’t hesitate to seek legal assistance. Contact GJEL Accident Attorneys today for a free, no-obligation consultation. Our experienced team will thoroughly evaluate your case, answer your questions, and fight for your rights.
We understand the physical, emotional, and financial burdens that arise from workplace accidents and are committed to helping you secure the compensation you deserve. Let us help you navigate the legal process and ensure your future is protected. We work on a contingency fee, so you don’t have to pay us upfront unless we win your case. Call us at +1 415-986-4777 or visit our Pleasanton office to talk to the legal experts.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.