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Sacramento Traumatic Brain Injury Lawyer

FREE EVALUATION (916) 777-7777

Experienced Sacramento Traumatic Brain Injury Attorney

Traumatic brain injuries, which often occur in car crashes, slip and -falls and other serious accidents, require extensive medical care. Victims who sustain these injuries often experience lasting complications, sometimes to the point that it completely alters their lives. The amount of medical care often creates a significant financial burden, not just for the victims, but also their families.

At Arnold Law Firm Accident & Injury Attorneys, we are dedicated to holding at-fault parties accountable for the damages they cause. Our attorneys have been helping injured victims for over 40 years, with remarkable results. We have recovered more than $250,000,000 in compensation for our clients. Our success stories include a $2.6 million jury-awarded verdict for a brain injury victim.

Do you have legal questions or are you unsure if you have a case? Most injured individuals who call our law offices have questions. We provide answers in a free legal consultation and there are no upfront costs. Find out if you have legal options by calling our firm today. We are here to help you.

FREE initial case review. Call: (916) 777-7777

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a very common injury that could occur in a collision or in other serious accidents, such as a slip and fall. Whether the individual struck his or her head on something hard, like a vehicle’s dashboard, or got hit by a blunt object during a car crash, it can result in serious long-term damage.

TBIs range from minor to severe, depending on the location and extent of the injury. In the worst cases, there could be permanent brain damage. Victims who recover may have lifelong complications and may never fully return to how they were before the injury occurred.

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SETTLEMENT

$60,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Morgan Stanley data breach class action lawsuit.

Learn More

SETTLEMENT

$18,276,000

Qui Tam / Whistleblower

A whistleblower case exposing fraudulent practices in the state of California resulted…
Learn More

SETTLEMENT

$17,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Kemper and Infinity data breach…
Learn More

SETTLEMENT

$17,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Kemper and Infinity data breach…
Learn More

SETTLEMENT

$8,000,000

Truck Accident

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young…
Learn More

JUDGEMENT

$3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck…
Learn More

Who May Have a Valid Brain Injury Lawsuit?

Brain injuries are complex and challenging cases for many reasons. Initially, TBIs may not be apparent. Sometimes the symptoms do not present for days or weeks after the accident occurred. Even if you get examined in a nearby emergency room right away, which you definitely should do, it is hard to diagnose.

That said, seeking immediate medical care is still vital for two reasons. For one, it protects your health and that should be your priority. Diagnostic testing can show whether you sustained potentially life-threatening damage, such as a brain bleed, in your accident. Waiting to get examined gives any injuries time to worsen, and with a brain injury, time is often critical.

The second reason to get examined right away is that it creates documentation in your medical records, and these details can be vital evidence if you file a claim.

To determine whether you may have a valid brain injury lawsuit, we will need to establish negligence, which means proving the following:

  • The party who caused the accident owes you a duty of care – such as a driver who has a duty to follow traffic laws and avoid reckless behavior.
  • The legal duty was violated in some way – such as a driver who deliberately ran a red light.
  • The breached duty of care resulted in the accident that injured you – but for the other party’s negligence, the accident would not have occurred and you would not have been injured.
  • Real damages resulted from the accident, such as medical costs, lost wages, property damage and other losses.

If there is no negligence, then there is no case. However, if another party’s careless or reckless actions resulted in the accident that injured you, then you may have a case. In this situation, you should consider speaking with an experienced attorney as soon as your injuries have been stabilized.

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How Much Money Could You Get For A Traumatic Brain Injury Lawsuit in Sacramento?

While every traumatic brain injury (TBI) case is unique, settlements and verdicts for TBI lawsuits often range from $100,000 to several million dollars, depending on the specifics of the case. Minor TBIs with shorter recovery times may result in settlements closer to the lower end, around $100,000 to $250,000. In contrast, severe TBIs that lead to long-term disability, ongoing medical needs, or significant life changes can result in compensation of $1 million or more.

It’s important to note, however, that it’s not possible to determine an accurate dollar amount for any case without knowing all the details. Each case is unique and comes with various contributing factors.

Factors that affect compensation include the severity of the injury, the cost of medical care and rehabilitation, lost income, and the emotional and physical impact on your life. To better understand your case’s potential value, consult with an experienced Sacramento traumatic brain injury attorney who can evaluate all relevant details and help you pursue the full compensation you deserve.

In general, the types of compensation you might qualify for include:

  • Emergency medical care right after the crash: ER care may include diagnostic testing, surgery or overnight hospital stays that you may require.
  • Medical bills – Any reasonable and necessary medical costs related to the accident and your injury, including the costs of your follow-up treatment and doctor’s appointments.
  • Mobility assistive devices: If needed, these covered devices could include things like wheelchairs or prosthetics.
  • Physical therapy and rehabilitation therapy: If related to your accident, these costs may also be provided to aid your recovery.
  • Lost wages and future earnings: If you are unable to work while recovering from your injuries or your TBI makes you unable to return to work.
  • Lifelong care that may be needed: This level of care may be necessary for victims who sustained a severe TBI. This compensation may help with things like household tasks or personal hygiene.
  • Pain and suffering: These are subjective losses you may be able to recover, such as for post-traumatic stress disorder (PTSD), depression, anxiety and the real pain and suffering you experienced.

Our knowledgeable traumatic brain injury lawyers in Sacramento will carefully review and consider the various factors that could determine the value of your personal injury case.

At Arnold Law Firm Accident & Injury Attorneys, we fight for maximum compensation. Call our law offices 24/7 for a FREE case review.

How Long Do I Have To File a Brain Injury Claim in Sacramento?

In Sacramento, as for all of California, victims injured by the negligence of others have two years from the date of the injury to file a personal injury claim. This date applies to a traumatic brain injury or any personal injury you suffer because of another party’s negligent or careless actions.

It is worth mentioning that the “clock” begins ticking on the initial date of your injury or on the date you discover the injury. For instance, you may not have been diagnosed with a TBI the day of your accident. Your symptoms might not have appeared for days or weeks. The date of discovery, in this situation, would be the date you are diagnosed.

We cannot stress enough, however, that it is imperative you get a full medical examination right after the accident that caused your injury. If you wait and there is a gap between when the accident occurred and when you went to the hospital, it could hurt your claim. The insurance company will have room to argue that something else could have caused your injury.

How Long Does It Take to Settle a Brain Injury Case?

If you or a loved one has sustained a traumatic brain injury (TBI), you may be wondering how long it will take to resolve your case. While there is no one-size-fits-all answer, the average timeline for settling a TBI case typically ranges from several months to a few years. The complexity of these cases, however, can greatly influence the duration. From gathering medical evaluations to negotiating with insurance companies, each step of the process requires careful attention to detail.

Working with an experienced Sacramento brain injury lawyer is essential to navigating these complexities and ensuring that your case moves forward as efficiently as possible. At Arnold Law Firm Accident & Injury Attorneys, we understand the challenges that come with TBI claims and are committed to helping you secure the compensation you deserve. Whether you’re dealing with extensive medical treatments, long-term care needs, or lost wages, our team is here to provide skilled legal representation and guide you every step of the way.

In this article, we’ll walk you through the key factors that affect the timeline of a TBI case and explain how a knowledgeable attorney can help streamline the process, avoiding unnecessary delays and ensuring the best possible outcome for your claim.

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What is the Statute of Limitations for Brain Injury Cases in California?

If you or a loved one has suffered a traumatic brain injury (TBI) due to an accident or negligence, understanding the statute of limitations is essential. In California, you generally have two years from the date of the injury to file a personal injury lawsuit. Missing this deadline can mean losing your right to pursue compensation for your injuries, making it critical to act promptly.

Are There Exceptions to the Two-Year Rule?

While the two-year statute of limitations applies to most personal injury cases, there are important exceptions to be aware of:

  • Minors: If the injured party is under 18, the statute of limitations may be extended until the individual turns 18.
  • Claims Against Government Entities: When a government entity is responsible for the injury—for example, in a bus or roadway accident—specific rules apply. In these cases, you may have as little as six months to file a claim.

Given these nuances, consulting with a Sacramento brain injury lawyer can help you determine the correct deadlines for your traumatic brain injury lawsuit.

The Importance of Acting Quickly

Initiating your case as soon as possible has significant advantages. A delay in filing can lead to the loss of crucial evidence, such as accident reports, witness statements, or medical records. Acting promptly also ensures your lawyer has sufficient time to build a strong case, negotiate for a fair traumatic brain injury settlement, or prepare for litigation if necessary.

Why Should I Consider Hiring a Brain Injury Lawyer in Sacramento?

If you suffer any type of TBI because of another party’s negligence, the medical costs alone will be significant. Depending on the situation, you may be eligible to recover compensation for your damages. These costs are not something you should have to pay out of pocket. It is also not necessary to try to recover the damages on your own, something that can be extremely difficult if you do not understand the law.

Our attorneys at Arnold Law Firm Accident & Injury Attorneys have extensive experience managing injury claims, including those for brain injury victims. We are prepared to investigate your case, gather compelling evidence, negotiate the maximum possible compensation and more. If we cannot recover full compensation through a settlement, we are also prepared to take your case to trial.

How to Choose a Traumatic Brain Injury Lawyer

Selecting the right attorney for a traumatic brain injury (TBI) case is a critical step toward ensuring fair compensation and justice. TBI claims involve intricate legal and medical details, making it essential to choose a lawyer with the right expertise. If you’re searching for a Sacramento brain injury lawyer, here are key factors to consider:

1. Experience in Traumatic Brain Injury Cases

Traumatic brain injury lawsuits require specialized knowledge. Unlike general personal injury claims, TBI cases often involve extensive medical records, expert testimony, and complex negotiations with insurance companies. A TBI attorney in Sacramento with substantial experience in severe brain injury cases can skillfully manage these challenges, ensuring every detail of your case is addressed.

2. Local Expertise in Sacramento

Working with a Sacramento traumatic brain injury lawyer is vital, as California laws surrounding liability, negligence, and personal injury can be nuanced. A local attorney understands the Sacramento legal landscape and is familiar with the courts and procedures in the area, which can significantly impact your case’s success.

3. Proven Success in TBI Settlements and Trials

Assess the lawyer’s history with traumatic brain injury settlements and verdicts. Arnold Law Firm Accident & Injury Attorneys has a demonstrated track record of securing compensation for accident victims, including TBI cases. From negotiating brain trauma settlements to litigating cognitive impairment claims, our attorneys work tirelessly to ensure favorable outcomes.

4. Client-Centered Legal Representation

TBI cases often involve long-term care compensation and rehabilitation costs for brain injuries. Your attorney should prioritize your unique needs, offering compassionate and tailored guidance. At Arnold Law Firm Accident & Injury Attorneys, we handle each case with care, ensuring you feel supported throughout the process.

What Are the Most Common Types of Brain Injuries?

Individuals could suffer a TBI by getting hit in the head, such as a blunt force trauma. If they are in a motor vehicle accident, a TBI could be the result of striking the steering wheel or other hard object inside the vehicle. However, an incident that causes violent shaking to the brain could also cause a TBI, as could a slip-and-fall accident.

Regardless of how the injury occurred, there are four types of traumatic brain injuries that can result in severe long-term damage.

Concussion

People often assume that you know when someone has a concussion because it will cause you to pass out. However, this is a myth. Individuals can have a concussion, even if they do not get knocked out or lose consciousness.

Hematomas

A hematoma may result from a contusion or bruising of the brain or if a blood vessel in the brain suddenly bursts or ruptures.

Hemorrhages

A hemorrhage is bleeding that pools or builds up on the surface of the brain or within the protective layers around your brain.

Diffuse Axonal Injuries

This type of brain injury causes severe tearing of nerve tissue in the brain. A violent car crash could cause this due to the extreme back and forth shaking that occurs during the impact.

Your health is never something to risk, which is why you should get a full and complete medical examination at a nearby hospital. Emergency rooms have the diagnostic equipment and 24/7 staff to determine what injuries you may have sustained in an accident. Even if you do not feel immediate pain, you should let the doctor know if you were in a violent accident, or if your head struck an object.

What Are the Symptoms of a TBI?

Common symptoms that may indicate a serious brain injury include:

  • Sudden onset of a severe headache
  • Nausea and/or vomiting
  • Memory loss
  • Blurry vision
  • Mild to severe mood changes
  • Sensitivity to light
  • Unexplained drowsiness or fatigue
  • Seizures
  • Fluid running from your ears or nose
  • Difficulty walking
  • Dilated pupils
  • Feeling weak in your fingers or toes

While you may not have all of these symptoms, you could still have a TBI. If you experience even a few of these symptoms, you should immediately go to a nearby emergency room.

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What Makes Traumatic Brain Injury Cases Complex?

Traumatic brain injury (TBI) cases present unique challenges that set them apart from other personal injury claims. The complexities stem from the invisible nature of many brain injuries, the intricate legal and medical issues involved, and the hurdles in securing fair compensation. Working with a Sacramento traumatic brain injury lawyer who understands these challenges is crucial to achieving justice.

Proving the Extent of the Injury

Brain injuries are often invisible and can be difficult to prove. While external injuries might heal, TBI victims may experience ongoing cognitive impairments, such as memory loss, difficulty concentrating, or confusion. These effects may not manifest until weeks or months after the accident, complicating the process of proving the full impact. A TBI attorney in Sacramento can work with medical experts to demonstrate the severity of these injuries and their long-term implications.

The Role of Expert Medical Testimony

Expert medical testimony plays a pivotal role in traumatic brain injury (TBI) cases, offering essential evidence to validate the severity of the injury and its far-reaching impacts on the victim’s life. Specialists such as neurologists, neuropsychologists, and rehabilitation therapists provide detailed evaluations and testimony, which are critical for establishing compensation for TBI medical expenses, rehabilitation costs for brain injuries, and long-term care compensation. Their insights are often the cornerstone of proving the life-altering consequences of a TBI.

Why Ongoing Care May Be Necessary

The damage caused by a TBI is often permanent, requiring victims to undergo extensive, and sometimes lifelong, rehabilitation therapy. This ongoing care is tailored to address specific physical, cognitive, and emotional challenges resulting from the injury. According to research, many moderate to severe TBI victims must relearn fundamental skills, such as walking, talking, or performing everyday tasks like eating or dressing. Rehabilitation therapy may start in a hospital and continue at specialized facilities, outpatient clinics, or even at home.

Navigating Complex Insurance and Liability Issues

Insurance companies often attempt to downplay the severity of brain injuries, disputing claims to minimize payouts. Additionally, TBI cases may involve multiple liable parties. For example, in a motor vehicle accident, liability might extend to negligent drivers, employers, or even government entities responsible for road safety. A Sacramento brain injury lawyer can effectively negotiate with insurers and identify all liable parties to maximize your compensation.

Long-Term Care and Rehabilitation Costs

Severe brain injury cases often require ongoing medical care and rehabilitation, which can place a significant financial strain on victims and their families. Accounting for these future expenses is critical in ensuring a fair traumatic brain injury settlement. Your lawyer should incorporate these costs into your Sacramento TBI lawsuit, advocating for compensation that addresses both current and long-term needs.

Can a TBI Case Go to Trial?

While many traumatic brain injury (TBI) cases are resolved through negotiations and settlements, some may require litigation to secure fair compensation. Whether your case goes to trial often depends on factors like the complexity of the accident, the willingness of the insurance company to negotiate in good faith, and the quality of the evidence supporting your claim. If a fair traumatic brain injury settlement cannot be reached, taking the case to court may be the only way to achieve justice.

The Trial Process in a TBI Case

If a Sacramento TBI lawsuit proceeds to trial, the process typically includes several stages. Your TBI attorney in Sacramento will first handle pre-trial motions, which may involve resolving disputes over evidence or clarifying legal arguments. During the trial itself, your head injury attorney will present compelling evidence, including medical records, expert testimony on cognitive impairment claims, and documentation of rehabilitation costs for brain injuries. These elements are critical in proving the liability of the negligent party and the extent of your injuries.

A skilled Sacramento brain injury lawyer will also advocate for compensation that reflects not just current medical expenses but also long-term care compensation and future financial needs. Trials can be lengthy and complex, requiring detailed legal representation to navigate the courtroom proceedings effectively.

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What Are the Long-Term Effects of a Traumatic Brain Injury?

A traumatic brain injury (TBI) can have profound, long-lasting impacts on a person’s life. Understanding these effects is vital when pursuing a traumatic brain injury lawsuit to ensure all future medical and financial needs are properly accounted for. A TBI is caused by an external force—such as a blow, jolt, or penetrating injury to the head—that disrupts normal brain function. These injuries can lead to a wide range of physical, cognitive, and emotional challenges.

Physical Effects of TBI

Physical limitations following a TBI can range from chronic headaches and dizziness to severe impairments such as paralysis or loss of mobility. Victims often face ongoing pain, reduced coordination, or even the need for assistive devices. Such effects may necessitate long-term rehabilitation and specialized care. The financial burden of these rehabilitation costs for brain injuries can be significant, making it essential to seek compensation through a Sacramento TBI lawsuit to cover these expenses.

Cognitive Impairments

Cognitive challenges are among the most pervasive consequences of a TBI. Victims may struggle with memory loss, difficulty concentrating, confusion, and problems processing information. These impairments can hinder the ability to perform everyday tasks, maintain employment, or live independently. Cognitive impairment claims can ensure these difficulties are considered when seeking a traumatic brain injury settlement.

Emotional and Psychological Effects

A TBI can also cause emotional and psychological changes, including depression, anxiety, mood swings, and personality changes. These effects not only impact the victim’s mental health but can strain relationships with loved ones. In severe cases, victims may require ongoing therapy to address these challenges.

Planning for Long-Term Care and Compensation

At Arnold Law Firm Accident & Injury Attorneys, we understand the complex and enduring nature of TBIs. That’s why we collaborate with medical and financial experts to assess the full scope of your injuries and advocate for a brain trauma settlement that addresses your future needs. Whether seeking long-term care compensation or covering TBI medical expenses, our team is committed to ensuring you receive the resources necessary for recovery.

How Arnold Law Firm Accident & Injury Attorneys Helps Traumatic Brain Injury Victims

Traumatic brain injuries (TBIs) can leave lasting effects on victims and their families, often requiring extensive medical care and financial resources. At Arnold Law Firm Accident & Injury Attorneys, we are dedicated to providing comprehensive legal representation for individuals navigating the complexities of a traumatic brain injury lawsuit. Our team understands the unique challenges TBI victims face and is committed to securing the compensation they deserve.

Thorough Investigation and Evidence Gathering

The foundation of a successful traumatic brain injury settlement is a meticulous investigation. Our experienced attorneys investigate the accident, collect vital evidence, and work to identify all liable parties. This includes reviewing police reports, interviewing witnesses, and collaborating with accident reconstruction specialists to establish liability and build a compelling case for our clients.

Consulting with Experts for Long-Term Needs

A TBI can result in significant TBI medical expenses and ongoing care requirements. To ensure victims receive adequate compensation, we consult with medical and financial experts to evaluate the full scope of their injuries. This includes projecting costs for rehabilitation costs for brain injuries, therapy, and long-term care needs. By accounting for the total impact of a TBI, we advocate for settlements that cover both current and future financial burdens.

Maximizing Compensation Through Negotiation and Trial

Whether negotiating a settlement or taking a case to trial, Arnold Law Firm Accident & Injury Attorneys tirelessly fights for maximum recovery. While many cases are resolved through negotiation, we are fully prepared to pursue litigation if needed. Our skilled attorneys bring extensive trial experience and a commitment to ensuring our clients’ voices are heard in court.

Dedicated Advocacy and Personalized Care

At Arnold Law Firm Accident & Injury Attorneys, we pride ourselves on providing compassionate, client-focused representation. We understand that every TBI case is unique, and we tailor our approach to meet the individual needs of our clients. If you’re seeking a Sacramento brain injury lawyer or TBI attorney in Sacramento, contact us today for a free consultation. Let us help you pursue justice and secure the resources you need to rebuild your life.

Learn more about how we’ve helped other TBI victims by visiting our client testimonials page.

Contact Our Traumatic Brain Injury Lawyers in Sacramento Today

If you or someone you love sustained a traumatic brain injury because of the negligence of another party, we encourage you to contact Arnold Law Firm Accident & Injury Attorneys today.

Clay Arnold, the firm’s founding partner, is an award-winning attorney who has been practicing law in California since 1975 and a member of the Million Dollar Advocates Forum. This membership is extremely prestigious. Less than one percent of U.S. attorneys hold membership. It is only open to attorneys who have won million or multi-million-dollar verdicts and settlements.

Our office is located in Sacramento. Conveniently, it is less than 10 miles from the Superior Court of California, County of Sacramento.

Call to discuss your situation with one of our experienced attorneys. This initial consultation is confidential and completely free. If you have a case, you can choose our firm to represent you or walk away. The choice is yours. There are no upfront costs to pay to hire our services. We only get paid our fees if we win your case.

Need legal help? Arnold Law Firm Accident & Injury Attorneys is ready to fight for you. (916) 777-7777

LATEST NEWS

Treble Damages in California Trucking Cases

justice4you January 30, 2026

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

justice4you January 29, 2026

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

justice4you January 28, 2026

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.