A large tractor-trailer chugged along State Route 99. The driver failed to check to see if the adjacent lane was clear before merging over. Alongside the 18-wheeler, another vehicle puttered along. The mood inside the small car was somber, given that the two older gentlemen were returning home from a friend’s funeral. The truck drifted over a lane, its driver oblivious, as the massive big rig loomed down upon the two travelers. In a split second, the tractor-trailer crashed against the smaller car like a tidal wave. Tires, metal, and throats all screeched as the two vehicles eventually skidded to a standstill.
In the passenger seat of the smaller car, an injured railroad engineer in his mid-60s had been looking forward to retiring from the heavy manual labor his work required. Prior to the accident, he had suffered three injuries to his neck while on the job, which plagued him with radicular nerve pains. Following the accident, though, one of his cervical vertebrae had compressed so severely that it required removal to save him from agonizing nerve pain. He underwent a uniquely invasive surgery that involved cutting open his neck and moving soft tissues aside to access his c-spine. Surgeons sawed out his C6 vertebra and replaced it with a medical device, which was secured in place with a metal plate and screws. It took months for him to fully recover.
Robert Carichoff at Triumph Law, based in Folsom, California, came on board after a Sacramento firm decided that the man’s multiple preexisting neck injuries made the case too risky. With over 20 years of experience and millions won on behalf of clients for car crashes and the occasional slip-and-fall or dog bite, Robert’s firm was the ideal fit. After reviewing the case, he felt confident he could obtain a good outcome despite the engineer’s three prior neck injuries.
To begin, Robert noted that the Plaintiff’s injuries before the crash were significant enough to keep him within his health insurance network, rather than sending him to lien-based medical providers. There was a fear that the Plaintiff’s medical provider may not provide enough treatment. However, his physician progressed him from conservative care through pain management to cervical fusion surgery within 14 months of the crash.
A new challenge arose when the truck driver’s insurance company brought on a firm of Defense lawyers whom Robert had previously tangled with. Based on past experiences, he knew this team would employ “scorched earth” tactics, push cases too far, never make realistic settlement demands, and fight tooth-and-nail each step of the process. As soon as they joined the case, they made their confrontational style known and zeroed in on the Plaintiff’s preexisting neck injuries. They fought discovery extensions and refused any reason to delay the case further. Robert recognized early on that these lawyers would refuse settlement and force the case to trial.
Robert had worked with DK Global for nearly 10 years and tasked them with creating an animation of the Plaintiff’s corpectomy surgery, which he wanted in advance of the surgeon’s deposition. Despite the surgeon working locally as a Defense medical expert, he proved incredibly helpful in authenticating the DK Global animation so that it could be admissible at trial. Robert prepared his deposition questions in such a way that would ensure the animation got into evidence. In doing so, he conveyed to the Defense — years ahead of the actual trial date — that he was readying the case to be put before a jury rather than simply working it up for a settlement. Robert wanted a jury to internalize just how invasive the surgery had been in a way that words would never be able to capture alone. He also sought to highlight the severity of the crash’s injuries and the surgery it needed, regardless of the Plaintiff’s prior neck injuries.
The DK Global animation began with a summary of the Plaintiff's diagnoses (cervical spondylomyelopathy and kyphosis) and the procedures he underwent (a C6 corpectomy, etc.). The 3D recreation of the surgery opened with a view of the operating room and the Plaintiff dressed and ready for the procedure. The animation then condensed the 1.5-hour-long surgery into a 5-minute reenactment. First, the neck was shown being cut open, the throat’s soft tissues rearranged, and access obtained to the C5-C7 vertebrae. Screws were shown being drilled into the bones, and the majority of the C6 vertebra was removed with surgical instruments. A deep peek lordotic implant was then placed, along with bone grafts and a metal plate. The animation finished by showing the closing of the procedure. Throughout the animation, captions detailed every step taken.
The Defense continued to fight Robert every step of the way, and Robert’s demand package was ignored without a single offer. Knowing he would not receive a reasonable settlement, he filed suit. However, the insurance carrier abruptly fired the law firm after realizing their obstructionist practices were expensive and ineffective. The new Defense attorney assigned to the case reached out to Robert to quickly settle for a reasonable value. Within a couple of weeks, they reached a confidential resolution that was very favorable to Robert’s client, even in light of his pre-existing conditions. Robert called up his client, who was thrilled with the outcome and relieved to have avoided the hassles of a trial.
Robert Carichoff, a personal injury attorney at Triumph Law in Sacramento, has worked for over 20 years in the field of law. As a result of his extensive knowledge and legal experience, he has obtained millions of dollars for his clients. Robert has served as an attorney fee arbitrator for both the State Bar of California and the Sacramento Bar Association. He also worked as a settlement conference attorney for the Sacramento County Superior Court, helping lawyers and their clients settle fee disputes. The State Bar Certified Lawyer Referral Service has recognized Robert as a “Top-Rated” Lawyer. For three years in a row, he was ranked as a top 100 Plaintiff attorney by The National Trial Lawyers Association.
