15 April 2025
Though challenging, one of my favorite cases involved a serious car accident where the defendant was a police cruiser. In this case, the officer pursued a stolen vehicle but failed to activate their emergency lights and sirens until they entered the intersection. They were going around 70 miles per hour, just as my client happened to be driving through the intersection. Because there were no warning signals, my client had no way of knowing what was coming. The crash was severe. She was lucky to walk away from it, but at the time, she was about 12 weeks pregnant, and the accident caused significant complications. The core of our legal fight was proving that those complications—and the effects they had on her baby—were directly caused by the accident and not just any kind of random pregnancy complications. We brought in her treating doctors through Kaiser, as well as our own expert witnesses, and together, we were able to build a strong case showing that the accident was the key to her baby suffering complications. The baby, a little girl, was born but unfortunately suffered developmental issues. Medical evaluations showed that the placenta had ruptured, and the mother had been experiencing internal bleeding throughout the pregnancy. Because of that, the baby wasn’t getting the nutrients she needed in utero. Litigating this case was especially challenging because it involved a city entity. Government tort claims are governed by very specific laws under the Government Tort Act. Dealing with this is very complicated, as the process is very specific. There are shortened timeframes—claims must be filed within six months, and if they’re denied, you only have another six months to file a lawsuit. That’s very different from the usual two-year window in standard civil cases. And this family, the clients I was representing, were immigrants who didn’t speak much English and had no understanding of the legal system here. They were scared, overwhelmed, and just trying to navigate a high-risk pregnancy on top of everything else. So, part of my job—maybe the most important—was to take that legal burden off their shoulders. I couldn’t help medically, of course, but I could reassure them, connect them with specialists, and manage the legal side so they could focus on the health and safety of their child. Honestly, even someone who’s been born and raised here, with generations of family behind them, would have trouble figuring out a government tort claim. So, for first-generation immigrants who didn’t speak much English and had no idea what the process even looked like, it was a lot. My job was to step in, walk them through it, and make sure they didn’t feel like they were doing it alone. We litigated against the city and ultimately settled the case for around $2 million. A significant portion of that—about $1 million—was placed into a special needs trust for the daughter, something unique we did for the family. The trust is managed by a financial advisor and designed to support the daughter’s developmental needs throughout her life. It covers specialized schooling, therapy, and even a custom vehicle for easier transportation. What’s really rewarding is that I still hear about how she’s doing. I get updates because the trust is ongoing, and I worked with the attorneys who helped set it up. They’ve been able to send her to a private school that caters to her needs and helps her live everyday life. There’s even talk of buying a home through the trust, so she’ll have a secure place to live long-term. It was complicated, both emotionally and legally. But helping a family who never could have navigated that on their own, especially in a case with so much at stake, is exactly why we do this work here at The Law Office of Brian P. Azemika. Cases like this are the ones that stay with you.