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At California Attorney Group, formerly known as the Law Offices of Bob Khakshooy, we have always been committed to standing up for the rights of personal injury victims. Led by Bob Khakshooy, our dedicated and skilled team achieved a landmark victory in the case of Qaadir v. Figueroa (2021). This victory not only secured justice for our client, Malak Melvin Abdul Qaadir, but also established significant new law in California, shaping the landscape of personal injury litigation.
On August 10, 2015, Malak Qaadir, while driving a truck for his employer, was rear-ended by a tractor-trailer driven by Ubaldo Gurrola Figueroa, an employee of Pacifica Trucks LLC. The collision, involving two heavy vehicles, left Qaadir with severe injuries that required extensive medical treatment. In the months and years following the accident, Qaadir endured numerous medical procedures, including spinal fusion surgery and the implantation of a spinal cord stimulator, to manage his pain and improve his quality of life.
When Qaadir turned to us for representation, we understood that this case was more than just about securing compensation—it was about challenging the status quo and advocating for systemic change. The defendants admitted liability, but the real battle was over the damages Qaadir was entitled to receive. They argued that the inclusion of unpaid medical bills and Qaadir’s choice of lien-based medical providers, who did not accept his insurance, inflated the damage claim.
The California Attorney Group, under Bob Khakshooy’s leadership, took a strategic and resolute approach to address these challenges, ultimately setting a new legal precedent in California:
One of the critical issues we faced was whether unpaid medical bills could be used to establish the extent of Qaadir’s economic damages. We argued that these bills represented the true cost of the necessary medical care resulting from the defendants’ negligence. The court sided with us, acknowledging that unpaid medical bills were relevant and admissible as evidence. This decision was a breakthrough, ensuring that personal injury victims could present the full scope of their medical expenses, regardless of their payment status, thereby receiving fair compensation.
Another significant argument we made centered on the plaintiff’s right to choose his medical care. We contended that personal injury victims should not be restricted to using only those medical providers who accept their insurance, especially when seeking specialized treatment. The court agreed, ruling that Qaadir’s decision to use lien-based providers was justified and did not constitute a failure to mitigate damages. This ruling reinforced the autonomy of personal injury victims in selecting their healthcare providers, recognizing that their focus should be on obtaining the best care possible, not on navigating insurance limitations.
The defense argued that Qaadir had not mitigated his damages by choosing providers outside his insurance network. We effectively countered this by demonstrating that a victim’s choice of healthcare, especially when it leads to better or more appropriate care, cannot be used against them. The court’s ruling in our favor on this point was critical, affirming that the injured party’s priority should be their health and recovery, without being penalized for their choices in seeking medical treatment.
After the verdict in Malak Qaadir’s case, significant legal developments unfolded. Initially, the Court of Appeals ruled in favor of Malak Qaadir, overturning the lower court’s decision. This ruling was a crucial win for Qaadir, as it addressed substantial issues raised during the trial, including procedural errors and potential misinterpretations of the law. The defense, dissatisfied with the appellate court’s decision, sought to challenge it further by filing a writ with the California Supreme Court. However, the California Supreme Court denied the defense’s writ, leaving the Court of Appeals’ ruling intact. This denial was a decisive moment, as it confirmed the appellate court’s decision and effectively affirmed Qaadir’s victory.
The jury awarded Malak Qaadir a total of $3,464,288 in damages, covering past and future medical expenses, lost earnings, and compensation for pain and suffering. This outcome was a significant victory not just for our client, but for all personal injury victims in California. The precedent set by this case now provides stronger protections and ensures that victims can seek the care they need without fear of compromising their right to fair compensation. The Court of Appeals’ decision established key legal principles that are now available for use by other personal injury attorneys in their own cases. By setting this precedent, the ruling helps to standardize the approach to certain legal issues in personal injury cases, providing a valuable reference point for legal practitioners.
The Qaadir v. Figueroa case is a testament to the commitment and expertise of Bob Khakshooy and the California Attorney Group. By challenging existing norms and advocating for fair treatment of personal injury victims, we have not only secured justice for our client but have also paved the way for future legal advancements. Our firm remains dedicated to advocating for those who have suffered due to others’ negligence, ensuring that justice is served and that victims receive the compensation they deserve. This landmark case has solidified our role as pioneers in personal injury law, shaping the legal landscape to better protect the rights of those we represent. You can read more about this case here.
