San Jose Personal Injury Law Firm of Corsiglia, Mcmahon & Allard Reports $1.25 Million Injury Accident Settlement Due to COVID-19 Isolation

In what may be one of the first cases to claim COVID-19 isolation as an injury, Attorney Timothy McMahon is reporting that the defendant’s insurance carrier paid his 90-year-old client $1.25 million after the elderly man was struck by a car in a grocery parking lot.

The accident occurred on January 24, 2020, just as COVID-19 was emerging as a public health threat. The injured man is identified as Richard B. According to Mr. McMahon, Richard B. was walking to his car in the Campbell Sprouts parking lot when he was struck by another vehicle. Richard B. sustained a simple non-displaced fracture of the leg with no surgical intervention and required only a cast.

Following treatment at Kaiser Santa Clara, he was transferred to an assisted living facility to complete his rehabilitation and physical therapy since the doctor ordered that he was non-weight bearing for 6-8 weeks. The visits from his adult children and grandchildren came to an abrupt end on March 17, 2020, when California’s COVID-19 stay-at-home order went into effect. Richard B. spent the next eight weeks in isolation until he was released.

Before the accident, Richard B. was completely independent, exercised regularly, and was heavily involved in local charities and community organizations.

“If you have been injured as a result of someone’s carelessness or negligence, the law is clear that you are entitled to full compensation, including psychological injuries,” McMahon said. “In this case, my client was forced to isolate at an age where socialization and family interaction are critical to mental health. COVID-19 isolation as a result of the accident was traumatic.”

“I give credit to the carrier for quickly resolving this case without a lawsuit and recognizing that COVID-19 isolation is a legitimate and significant mental health issue that deserves full compensation,” McMahon added. Richard B.’s medical bills totaled $25,000, including rehabilitation facility charges.

Mr. McMahon has been named Trial Lawyer of the Year twice by his peers. He is known for outstanding multi-million-dollar personal injury case results in some of the most challenging cases. Mr. McMahon has the uncanny ability to find compensation in cases where other attorneys fail to see it.