Vaughan de Kirby's client receives $235,000 for Fractured Heel

Vaughan’s client was a young woman of 25 and the mother of two young children. She was working two jobs at the time of the accident. It was after 1:00 AM in the morning and she was heading home after a 14 hour work day. She would leave her young daughter with her mother who lived in San Francisco and pick her up after work in the middle of the night and bring her home to the East Bay. This young woman of 25 would then go home to sleep a few hours and get up early to be at her day job with a local hospital. I tell you this part of the story because it gives you an understanding of what a hard working person Vaughan’s client was. 

Vaughan’s client was driving across an intersection in San Francisco at a little after 1:00 AM when a driver of a minivan coming home from a birthday party turned left in front of her  almost hitting her head on. Airbags deployed avoiding a serious head injury, but due to a little known fact about airbags she suffered a fractured heel requiring surgery. It seems that in this type of accident the person’s body slides under the airbag resulting in injuries to legs and feet.

The defendant insurance company tried to place fault on Vaughan’s client and offered only $75,000 in settlement. They had a professional opinion from an engineer who reconstructs accidents saying Vaughan’s client was at fault or at least was responsible for the seriousness of her injury. They tried to argue that Vaughan’s client’s headlights were not on at the time of the accident. But, Vaughan was able to overcome this with evidence that in his client’s vehicle the headlights come on automatically.

After four solid hours of non-stop negotiation before a Superior Court Judge Vaughan was able to get the insurance company to pay what they said was their maximum authorized settlement of $235,000. Needless to say, $235,000 is a long way from $75,000. Vaughan points out that each case is different and this result cannot constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Vaughan de Kirby’s offices are located in San Francisco. Consultations are by appointment only. If you wish to discuss your matter with Mr. de Kirby please call his office at 415-221-2800 or toll free at 1-888-881-2345.