THE LAW OFFICES OF STEVEN A. ELIAA San Diego, Ca Professional Corporation Founded on Excellence & Ethics

Drunk felon, no seat belt, no driver’s license, no insurance, and he was speeding, but we win $800K for him.

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How did we do it? And why?

On March 15, 2015, we settled a motor vehicle roll-over accident that occurred in El Cajon, CA.  In this case, our client’s blood alcohol was more than double the legal limit in California, methamphetamine was found in his system, two open forty ounce bottles of beer were found in his car, and he had no drivers license or insurance at the time of the crash.  We did however manage to find a way to obtain compensation for our client.

But wait there’s more – the defense accident reconstructionist opined our client was driving over 70mph in a 40mph zone.  He had been “partying” all night long and was leaving a liquor store at 9:00 AM when the accident occurred.

El Cajon auto accident

But it gets even worse – our client was a multiple convicted felon who was in and out of jail for over 30 years. He had two front gold teeth and tattoos all over his body which would have looked bad to a jury.

To add another layer of complexity, he wasn’t wearing his seat belt and sustained major injuries, but his girlfriend who was the front passenger was wearing her seat belt and walked away from the crash without a scratch.

In short, I don’t think our firm has ever had a case with a worse set of facts than this case.  And needless to say, our client would have made a terrible witness at trial.

In spite of these bad facts, our client deserved compensation.

Despite all of the bad facts, our client wasn’t at fault and suffered terrible injuries. We filed suit against the at-fault driver and obtained the maximum insurance policy limits of $100,000.

Then during the defendant’s deposition, we learned she was in the course and scope of her employment which meant that her employer was also responsible for our client’s injuries.  We sued her employer and obtained an additional settlement of $699,999 for a total settlement of $799,999.

What? A paralysis case and only $800K?  Why not more?

Because our client was not insured at the time of the accident, we legally could not collect any financial compensation for his pain and suffering (a prop 213 case). And so we had to rest our case.

So why did you do it?

Some have asked, “Why did you take the case when clearly this person clearly was a danger to himself and others?”

That question implies that he had no rights in a case in which his driving under the influence or without a license had absolutely nothing to do with the outcome. My client was paralyzed due to no fault of his own. He had defensible rights and needed someone to fight for him. While no amount of money could give him back his ability to walk, a settlement could help him to figuratively “get back on his feet” – and hopefully, even turn his life around.

If it were you in that wheelchair, wouldn’t you want that for yourself? Wouldn’t you feel you deserved it?

Don’t leave stones unturned. Get an attorney.

This case also really demonstrates the importance of consulting with a personal injury attorney if you’ve been injured in an automobile accident. The odds may appear to be against you and insurance companies would like you to believe that, but the true facts of the case and the law may state otherwise.

Our lawyers here are experts in car accident injuries as they relate to the law and are relentless in winning for our clients the full compensation they deserve. As this case demonstrates, we’ll leave no stone unturned in doing so. If you’ve been injured in a motor vehicle accident in the San Diego area, please contact us immediately to see what your case could be worth for you. There is no fee until we win.

Steven Elia

Steven Elia

Mr. Elia has extensive litigation experience having appeared at more than 1,000 civil hearings including jury and bench trials, over 500 depositions, and hundreds of mediations. Some of his cases have made national headlines. He specializes in personal injury, business law and civil litigation in and around San Diego.
Steven Elia
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"Words can never express the gratitude that my husband and I have for Attorney Steven Elia and attorney Holly Attiq.. For 2 years, we were put through fire with our personal injury case, but luckily we met Steven and Holly, that made the brutal process of litigation as comfortable as it can be for our family. And even after the dust came down, they still check on us very often and offer their services to try to help us to stand back on our feet."
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The Law Offices of Steven A. Elia, APC

2221 Camino Del Rio S, Ste. 207, San Diego, CA 92108

(619) 444-2244