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Verdicts & Settlements

Record Setting $30 Million Wrongful Death Verdict In Ventura

Record Setting $30 Million Wrongful Death Verdict In Ventura

Another example of Arash’s ability to get outlier, record setting results in righteous cases. Yesterday, we obtained a $30 million jury verdict for the wrongful death of a beautiful young girl in Ventura County (an ultra conservative jurisdiction and with Spanish speaking parent Plaintiffs.) Defendant Trucking Company and its Insurance company refused to pay our repeated demands for their $1 million in policy limits.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$20,000,000 Single Plaintiff Settlement On $1,500,000 Policy

As many attorneys know, The Homampour Law Firm (HLF) is very selective in the cases it takes. We say “no” more than we say “yes” so that when the right case comes along we are ready to go. We are also one of the few firms in the state that have actually litigated and taken to trial what are called “bad faith” cases (or cases where an insurance company refuses to pay a policy limits demand and the injured party Plaintiff is attempting make the insurance company pay the full value of the claim which can be substantially in excess of the policy limits.)

Recently, HLF was brought in to help an attorney representing a pedestrian hit by a car, with what appeared to be minor injuries, where the driver had $1.5 million in insurance coverage.

The 41-year-old Plaintiff from El Salvador was lawfully within a crosswalk when he was struck by Defendant’s car. There was no reported loss of consciousness but abrasions to the left side of his head. X-rays, CTs and MRIs were initially normal. A subsequent MRI showed a meniscal tear in his left knee. Plaintiff reported excruciating pain in his knee and Traumatic Brain Injury Symptoms. Months later, Plaintiff elected to have surgery to repair the tear. He was subsequently diagnosed with Complex Regional Pain Syndrome (CRPS). He underwent extensive treatment for CRPS, none of which was effective. HLF recognized that Plaintiff’s life time of damages (with a condition that effectively locked him into a prison of pain) was substantially more than $1.5 million.

Defendant contended the following:

  • That Plaintiff was at fault for this incident since Defendant began her left turn before Plaintiff was in the crosswalk, arguing that Plaintiff should have seen her turning;

  • That she never saw Plaintiff get struck by her vehicle and that the impact was a minor tap;

  • That Plaintiff did not strike his head, did not sustain a mild TBI, and was arguably faking his TBI symptoms;

  • That the meniscus tear was pre-existing, unrelated to the incident, and did not necessitate surgical intervention;

  • That the CRPS Plaintiff developed from the surgery was not related to the incident; and

  • Though Defendant initially contended that Plaintiff did not have CRPS (according to their expert), later, Defendant contended that Plaintiff greatly exaggerated his CRPS symptoms.

Behind the scenes, HLF worked with the referring attorney to demand the $1.5 million in policy limits from the insurance company and to make sure the demand was legally proper to open the policy and to make the insurance company liable for the full value of the claim. The insurance company refused to pay the referring attorney’s demand for the policy limits despite multiple curated opportunities to do so and despite the fact that any reasonable insurance company acting reasonably to protect the Defendant would have recognized what HLF recognized – that an actual appraisal of Plaintiff’s harms and damages would be in the tens of millions.

Then, after being Associated in, HLF did what it does and reframed the entire case getting the defense experts to change their opinions and to basically become Plaintiff’s experts with them agreeing that:

  • Plaintiff sustained a meniscal tear in his left knee from the incident;

  • The tear required surgery;

  • Plaintiff developed severe CRPS as a result of the surgery;

  • The surgery was not performed negligently;

  • CRPS is incurable (especially given Plaintiff’s multiple failed treatments) and Plaintiff will likely suffer from CRPS for the rest of his life;

  • CRPS is one of the most chronic painful conditions known to man, to the extent someone may want to kill themselves or cut their leg off (as expressed by Plaintiff);

  • The pain from CRPS causes depression, anxiety, headaches, and cognitive issues similar to a brain injury; and

  • If asked by defense, they could have told them all of the above before the demand for policy limits expired.

We strategically planned, had patience, and executed on the plan to make the carrier pay top dollar. Defendant’s original offer was $500k. Throughout expert depositions, Defendant’s offer increased to the policy limit of $1.5 million and then again to $5 million. On the day before trial, the parties accepted the mediator’s proposal of $20 million.

Essential to this amazing result was the work of Attorney Danielle Lincors, who really knew how to deal with all the moving parts given her defense background.

The Homampour Law Firm seized this opportunity to get full justice for the client and capitalized on the insurance company’s unreasonableness and put the behemoth entity into a stranglehold forcing it to pay $20 million - and all with love. This is what we do.


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To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

Arash Homampour Daily Journal 2018 Top Plaintiff Lawyer

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2018 Daily Journal Top Plaintiff Lawyer

Once again, Arash Homampour has been recognized as one of the Top 30 Plaintiff Lawyers by The Los Angeles Daily Journal (California's largest and most prestigious legal newspaper). The article highlights his success with two very difficult trials in which he won jury verdicts of $59.3 million in a wrongful death case against Sunbeam Products and $14 million for insurance bad faith against Allstate Insurance Company. These two cases vividly illustrate the David v. Goliath theme the Homampour Law Firm is so good at. Although these two verdicts were in 2015, we see how the firm’s relentless pursuit of justice help clients navigate through appeals and win final payment in 2017. This year, the firm has already secured two eight figure verdicts in very tough wrongful death cases in conservative venues.

 
Click the image to read the full article

Click the image to read the full article

 

If you'd like to receive more articles like this, sign up for the Homampour Attorney's Email.  We publish articles written by Arash and his team of attorneys that deliver real insight into different areas of the law.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$12,250,000 Wrongful Death

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The Homampour Law Firm talks about how through effective framing and advocacy we can win (and win big) what seem to be impossibly tough cases at trial in any jurisdiction (even those considered to be ultra conservative.)

Facts

On September 4, 2018 and after a 5 day trial, a Fresno Jury found that Defendants who operated a large outdoor market and swap meet were legally responsible for the death of a vendor who mistakenly contacted an energized power line on Defendants’ property with his advertising banner/flag.

The jury awarded $12.25 million in damages to the decedent’s wife (even though she spoke no English and was a seasonal farm worker who sold inexpensive parts at swap meets throughout central California with her husband.)

Defendant’s Contentions

Despite repeated attempts to settle the case below policy limits, Defendants’ insurance carrier refused to offer anything more than $700,000. Defendants’ attorneys argued that everyone knows power lines are dangerous, that the hazard was "open and obvious", that they never had anyone use an advertising banner/flag as tall as Plaintiff’s, and that the incident was 100% the fault of the Plaintiff and her husband.

Result

We won by reframing the case and demonstrating that this tragic event was an accident waiting to happen. It was Defendants that created a highly dangerous condition. Defendants put approximately 20 (out of 800) vendor spaces directly underneath high voltage lines knowing vendors were using tall advertising banners to visually compete with the other 500 vendors. We were able to cross-examine the defense experts into agreeing that this tragedy was foreseeable and preventable in that Defendants could have simply blocked off the 20 spaces under the unprotected high voltage lines. We also demonstrated that Defendants knew or should have known that vendors were using tall advertising banners, with a photograph of a long standing vendor with a 34 foot tall flag.

We obtained what some consider to be a very high damage award but we think is a fair amount for our client’s devastating lifetime loss and mental harm. Even though the Plaintiff’s husband died that day, we were effectively able to bring him to life for the jurors so that they could see and feel through Plaintiff the beauty of this man - beaming, smiling, and shining love. Imagine having (as the lucky significant other) that energy in your life every day how awesome life would be? Now imagine what it would be to have that snatched from you with no warning, you are forced to watch him die and will forever have that event seared into your mind. Such a shame. . . and the insurance company didn’t value the case like we did.

Watch this video of Arash with the Fresno Bee after the trial:


If you'd like to receive more articles like this, sign up for the Homampour Attorney's Email. We publish articles written by Arash and his team of attorneys that deliver real insight into different areas of the law.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$5,000,000 Auto Versus Pedestrian | Personal Injury And Wrongful Death

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$5,000,000

In May 2018 Attorneys Arash Homampour and Scott Boyer  successfully obtained a $5 million dollar settlement on behalf of two minor children for the wrongful death of their mother.

In a very difficult liability case, plaintiff minors and their mother were pedestrians crossing the street mid-block to get to their home when they were struck by the defendant driving a work truck. The minors suffered minor injuries which they recovered from but their mother died as a result of the collision. The defense contended that our clients and their mother crossed a very busy street mid-block and outside of a marked crosswalk and failed to yield to oncoming traffic in violation of multiple Vehicle Code sections and were thus exclusively at fault for the incident. The defense also claimed that the driver would not have been able to see our clients in the roadway in time to avoid the collision because it was night time and our clients were wearing dark clothing. The police had determined that even knowing the exact positioning of the pedestrians in the roadway, the defendant driver would not have been able to avoid the collision and cited the decedent as the cause of the collision.

Undeterred by the police findings and difficult facts on liability, through dogged investigation and using the most advanced human factors and accident reconstruction methods,  the Homampour team was able to locate and obtain testimony from favorable witnesses and then show that the defendant driver had accelerated when passing a vehicle which had stopped in the roadway to allow the pedestrians to cross the street and the driver would have had sufficient time to see and stop for the pedestrians had he not been traveling at an unsafe speed and failed to exercise due care. 

Although the Homampour team was able to secure a sizeable settlement for our clients to fund their future education and needs, it will never replace the loss of their loving mother.

Image Credit: Unsplash


If you'd like to receive more articles like this, sign up for the Homampour Attorney's Email. We publish articles written by Arash and his team of attorneys that deliver real insight into different areas of the law.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$14,500,000 Insurance Bad Faith

$14,500,000 Insurance Bad Faith

Many attorneys talk about insurance bad faith but few have actually successfully litigated bad faith cases through trial and appeal. The Homampour Law Firm has and is considered one of the go to firms for bad faith issues and cases.

We buy insurance to have piece of mind. While we hope that disaster never strikes, life happens and as humans we are bound to make mistakes. Auto insurance is designed to protect us in the event of a mistake or a lawsuit. Insurance companies like Allstate collect our hard earned premiums with our expectation that Allstate will use its enormous resources to protect us in the event of an accident or mistake. This case is a sad but all too common example of how insurance companies can act unreasonably but ultimately be held accountable  - in this case held accountable by the Homampour Law Firm.  Read more...

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$10,000,000 Auto Versus Motorcycle | Wrongful Death

This tragic case involved a fatal vehicle vs. motorcycle left turn accident at the intersection of Exposition Blvd. and Bundy Dr. in West Los Angeles.

Investigating officers assigned fault with the 16 year old left turning driver. Our amazing co-counsel Karen Gajewski and Ed Baughan determined that left turns were to be prohibited at this intersection as a result of Metro Line construction. Even the officers missed that there were supposed to be 3 no left turn/u-turn signs with 2 elevated on the N/W and N/E light poles and 1 in the median. The sign in the median was missing.

Imagery used at trial to demonstrate signage being present and absent.

Imagery used at trial to demonstrate signage being present and absent.

We were brought in to bring a claim against the Construction Co and other entities responsible to make sure that median sign was present. These defendants contended that they did nothing wrong and that the accident was the exclusive fault of either the inexperienced 16-year-old driver who had been driving for 6 months (he admitted he knew it was a no left turn intersection, but turned anyway claiming the path was clear) and/or the decedent on the motorcycle (who defendants claimed was heavily impaired from marijuana use.)

The Homampour Law Firm handled this case through trial and convinced a jury that the construction company, Skanska-Rados Expo 2 Joint Venture, was responsible and that decedent did nothing wrong. The jury awarded $10 million in wrongful death general damages to Plaintiffs (the wife and mother of decedent) and apportioned 55% against the construction company.


If you'd like to receive more articles like this, sign up for the Homampour Attorney's Email. We publish articles written by Arash and his team of attorneys that deliver real insight into different areas of the law.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$2,800,000 Auto Versus Truck | Wrongful Death

In April, 2017 Attorneys Arash Homampour and Armine Safarian settled an Auto versus Truck | Wrongful Death case for $2.8 million against the Defendant.

Facts

On Dec. 6, 2013, the Plaintiff and her husband were traveling southbound on US 93 when they attempted to pass a truck driven by the Defendant which was owned by the Defendant's employer. After entering the northbound lane, the Plaintiffs collided head on with another Plaintiff, who was traveling northbound on US 93. Two of the Plaintiffs sustained fatal injuries. The other Plaintiff sustained serious injuries.

Plaintiff's Contentions

Plaintiffs contended that the Defendant would not allow them to pass his truck and was playing a dangerous cat and mouse game with the Plaintiffs, who in turn became frightened and tried to pass his truck to get away from the Defendant. Plaintiffs contended that the Defendant, as a professional truck driver, knew that motorists would be afraid to travel near his truck, that he could pull over and let them pass and that the Plaintiffs were attempting to pass him for miles. Although he admitted that he witnessed the deadly head on collision to his left, the Defendant did not stay at the scene and did not preserve evidence relating to his driving contained in the truck's event data recorder. Plaintiffs alleged that the Defendant's employer was liable for the actions of the Defendant and that it failed to preserve evidence.

Defendant's Contentions

Defendants contended the Plaintiffs were the sole cause of the incident when they decided to illegally enter the northbound lane into oncoming traffic. Defendants claimed they were not involved in the incident because the Plaintiff vehicle never made contact with Defendants' truck.

Injuries

The surviving Plaintiff suffered a concussion that resolved, orthopedic injuries, emotional distress, and loss of consortium due to her husband's death. The Plaintiff's children suffered the loss of their father.

Result

The Homampour team were able to settle with the Defendants for $2.8 million. Although this allowed the Homampour team to secure a sizable figure for the Plaintiffs, it can not replace the loss of a husband and father.


If you'd like to receive more articles like this, sign up for the Homampour Attorney's Email. We publish articles written by Arash and his team of attorneys that deliver real insight into different areas of the law.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$8,000,000 Auto Versus State | Dangerous Public Property

$8,000,000 Auto Versus State | Dangerous Public Property

$8,000,000

In March, 2014 Attorney Arash Homampour settled an Auto versus State / Dangerous Public Property case for $8 million against the Defendant.

Incident

On Wednesday, June 5, 2013 at approximately 3:20 a.m., Plaintiff, an accountant, was driving home from work and traveling on the Venice on-ramp to get onto the I-10 eastbound Santa Monica Freeway. Plaintiff's vehicle veered to the right for reasons unknown and went down a steep embankment where Plaintiff hit a tree and sustained life altering injuries...

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

$2,000,000 Individual Versus Business | No Flotation Device

$2,000,000 Individual Versus Business | No Flotation Device

$2,000,000

In October, 2016 Attorneys Arash Homampour and Scott Boyer settled an Individual versus Business / No Flotation Device case for $2 million against the Defendant.

On Sept. 5, 2011, Plaintiff, and his wife, rented a canoe from Defendant to use at Shaver Lake in Fresno. While boating around the lake the canoe capsized and Plaintiff's wife drowned. Both Plaintiff and the Decedent had signed written waivers of liability, and had been offered, but rejected life vests before they used the canoe...

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.