Fresno Office Prevails in Hotly-Contested UIM Arbitration
May 3, 2021
On April 28, 2021, Keren H. Wasserman, Esq. secured a significantly favorable arbitration award in a case of uncontested liability. The last global settlement demand for the six (6) claimants was $1.1 million. The arbitration, which took place over the course of four lengthy days, included thirteen live witnesses – four claimants, six experts, two treating physicians, and one investigator. Others were subpoenaed but failed to appear pursuant to those subpoenas.
The lead claimant, a surgeon/pain management physician from Beverly Hills, was claiming $2.7 million in future medical expenses and approximately $2 million in past loss of income alone. The Arbitrator ultimately awarded $0.00 to this claimant for his future medical expenses and $0.00 for his alleged loss of earnings.
The collective “net” award to the six claimants was $125,673.50. Of that amount, the lead claimant only netted $54,247.50. Further, based on a CCP Section 998 Offer to Compromise to the lead claimant prior to arbitration on March 1, 2021, his award will be reduced by $68,165.25, effectively owing Ericksen Arbuthnot’s client the sum of $13,917.75. All told, the net arbitration award for all six claimants totaled a mere $57,508.25, which is more than $1 million less than claimants’ final settlement demand.