Attorney Christa Lauren McCann's Legal Cases

Wrongful death

$1.5 Million Arbitration Award in Fort Myers, FL

Nov 21, 2014

OUTCOME: $1,538,416 Binding Arbitration Award

Attorneys, Christa McCann and Mark Clark, obtained a more than $1.5 million binding arbitration award in a wrongful death case arising out of an automobile accident in Fort Myers, Florida. McCann and ... Clark represented the Personal Representative of the Estate of the decedent, who was 63 years old at the time of her death and working as a licensed practical nurse (LPN). The claim was brought on behalf of the decedent’s two surviving adult children, ages 44 and 46, to compensate them for their mental pain and suffering, and on behalf of the decedent’s Estate to recover lost wages from the time of injury to the time of death, lost net accumulations, and medical expenses for treatment the decedent received from the time of the collision to the time of death. Despite the fact that the survivors were middle-aged and lived out of state with children of their own, McCann and Clark were able to establish that the survivors had suffered significant mental pain and suffering as a result of the untimely and preventable death of their mother, which merited a substantial award in an otherwise conservative county.

Car accident

$1.7 Million Recovery for Client Injured in Auto Colision Resulting in Spinal Fusion

N/A

OUTCOME: $1.7 million

Mark Clark and Christa L. McCann obtained a $1.7 million recovery for a client who suffered spinal injuries as a result of an automobile collision involving a commercially owned vehicle. As a result o ... f the client’s injuries, the client was required to undergo a multi-level spinal fusion. After suit was filed against the Defendant driver and the corporate employer, the Defendants denied liability and blamed the client for causing the crash. In addition, the defendants maintained that the client’s injuries were not caused by the accident. However, Clark and McCann were able to establish through the testimony of the medical and rehabilitation experts on both sides that the client’s injuries were caused by the subject accident and that these injuries limited the client’s pre-accident employment capabilities. As a result, Clark and McCann were successful in negotiating a $1.7 million dollar settlement with the Defendants. This settlement will cover the cost of the client’s medical treatment and loss of earning ability, and will compensate the client for the non-economic damages caused by the accident.

Car accident

$3.5 Million Recovery for Mild Traumatic Brain Injury

N/A

OUTCOME: $3.5 million

Attorneys Mark Clark and Christa McCann represented a client who suffered a mild traumatic brain injury and multiple non-surgical orthopedic injuries as a result of an automobile accident. Following th ... e accident, the client developed complex regional pain syndrome in the upper extremity which required a series of stellate ganglion blocks. These injuries prevented the client from returning to pre-accident employment. Liability was vigorously contested by the Defendants, however, the accident reconstruction and bio-mechanical engineer experts hired by the firm were able to scientifically establish fault on the Defendant driver. As a result, Clark and McCann were able to successfully negotiate a $3.5 million settlement shortly before trial. The client now has the funds necessary to replace the loss of income and to pay for future medical care.

Car accident

$600,000 Recovery for Client Injured in Two Car Accidents

N/A

OUTCOME: $600,000

Attorneys Mark Clark and Christa McCann obtained a $600,000 settlement on behalf of a client who was injured in two separate automobile accidents caused by two different underinsured drivers. As a ... result of the first accident, the client sustained cervical and lumbar spinal injuries with associated radicular symptoms. At the time of the second accident, the client had been continuously treating with an orthopedic surgeon for these injuries and had received a recommendation for cervical spine surgery. Therefore, following the second accident, the second driver’s insurance carrier and the client’s underinsured motorist insurance carrier disputed the extent and causation of the client’s injuries and took the position that the injuries were entirely pre-existing as a result of the first accident; this position was supported by the Defendants’ two CME experts as well as the MRI findings, which revealed no interval change to the client’s spine following the second accident. Given these findings, the insurance companies for both accidents made nominal settlement offers. As a result, the case was then referred to Clark Fountain, where Clark and McCann filed suit for both accidents. Clark and McCann were able to refute the opinions of the Defendants’ experts through the client’s treating physicians and establish that, as a result of the second accident, the client suffered an aggravation of the pre-existing condition based on changes in the frequency, duration and intensity of the symptoms following the second accident. As a result, they showed that the client was required to undergo several additional epidural steroid injections and ultimately an anterior cervical discectomy and fusion. Consequently, on the eve of trial, both drivers’ insurance carriers and the client’s underinsured motorist carrier agreed to tender their full policy limits for both accidents.

Wrongful death

Confidential Settlement Obtained for Family of a California Bicyclist Killed by Motorist

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OUTCOME: Confidential Settlement

Mark Clark and Christa McCann obtained a confidential settlement in a wrongful death case brought by the survivors of the estate of a California resident who suffered multiple blunt force injuries that ... resulted in his death following a motor vehicle versus bicycle accident. At the time of the accident, the decedent, who was visiting Florida on business, was operating a bicycle while crossing a Jupiter intersection. He was survived by his wife and children who also resided out of state. The homicide investigation found the decedent bicyclist at fault for failing to yield the right of way to oncoming traffic and, as a result, the Defendant's insurance carrier initially denied liability. However, through an accident reconstruction, Clark and McCann were able to establish that the Defendant motor vehicle driver had an unobstructed view of the area where our client entered the intersection, and sufficient time and distance to avoid the collision between the Defendant’s vehicle and the decedent’s bicycle. As a result, Clark and McCann argued that the driver failed to maintain a proper lookout for other traffic on the roadway and failed to take any evasive action prior to the impact, despite having enough time to brake and steer to avoid the collision. After being presented with this evidence, the Defendant's liability carrier ultimately accepted responsibility and agreed to a confidential settlement.

Christa Lauren McCann's Legal Cases (5)

$1.5 Million Arbitration Award in Fort Myers, FL

$1.7 Million Recovery for Client Injured in Auto Colision Resulting in Spinal Fusion

$3.5 Million Recovery for Mild Traumatic Brain Injury

$600,000 Recovery for Client Injured in Two Car Accidents

Confidential Settlement Obtained for Family of a California Bicyclist Killed by Motorist