Dekalb County Trial Ends with Mixed Results for Client

I tried a case in Dekalb County last week on a very tough case and the jury punished the client for her past. This will serve as a good instruction for people with claims and similar history to my client. My client was a very nice person who had the bad luck of having 6 prior car accidents over the years. The recent ones were 1997, 2000, 2002. In 2001 she had a 4 level ACDF fusion surgery and of course she reinjured it in the 2002 crash.

The client had been hit in Dunwoody, Georgia and there was moderate damage of $1,400.00 to her car. It aggravated her neck and low back condition though and after 3 years of no treatment she had to go back to Resurgens Orthopedics and a pain specialist. She hired me as an Atlanta injury lawyer to present her case to the jury because State Farm refused to pay for her medical care.

To further complicate matters, the client fell in August 2006 and hit her head in a restaurant. She also broke her foot and fell in April 2007. So we were facing a challenge in that the August 2006 fall was right in the middle of her treatment and we could not claim past the April 2007 fall either.

We brought four witnesses to court in Decatur, Georgia and tried an outstanding case. We presented video testimony from her doctor and really knocked down the evidence.

State Farm increased their offer from $12,000 to $40,000.00 on the first day of trial and then increased it to $50,000.00 on the second day because of how it was going. Unfortunately, the client chose to see what the jury would do. This is a lesson in the capriciousness of the jury. The jury returned a verdict of $17,780.00 and told us afterwards that the 5 prior collisions turned them off and made them think she was a serial claimant. They gave her the medical care up until August 2006 and that was it. Keep a case like this in mind when you are trying to decide whether to mediate a case or to go through with the trial. If there are too many things to explain away, your best value might be in settlement.

Broken Hand Injury in Georgia Car Accident as an Example

I recently was hired by a client injured in a car accident in Clayton County, Georgia. She had a broken hand which required two pins to repair. In meeting with the family I was very pleased to see that they had already followed my suggested plan for how to handle medical care. They had submitted the hospital bills to their health insurer, they still had medpay available and they had not notified the hospital of the existence of the medpay.

By having the health insurance handle the claim, she got the benefit of the negotiated reduced rate from the health insurance and can then use the medpay to pay back the health insurance reimbursement claim. That will maximize the recovery the client can make.

This is a case that will end well for the client because she was careful on the front end with her medical bills.

Georgia Ante Litem Letter

Remember that any time the party responsible for injuring you is a government entity of any type, there may be ante litem (before litigation) requirements. At the Simon Law Firm, I can tell you that if the case is serious you need to hire a lawyer or you risk failing to satisfy the technical requirements. Here is a sample of a letter that I used when the State of Georgia was involved.

January 27, 2009

CERTIFIED MAIL RETURN RECEIPT

CHECK THE STATUTE FOR NECESSARY DEPARTMENTS TO MAIL YOUR LETTER TO

Re: Ante Litem Notice of Tort Claim
Our Client(s): Billie Smith
Date of Incident: 9/27/2007
Your Claim No: unknown

To Whom It May Concern:

Within twelve (12) months of the date described above, this Notice is being sent pursuant to the requirements of O.C.G.A. § 50-21-26(a)(5) to provide you with a ninety (90) day opportunity for adjustment of a tort claim against the state as a result of the following incident:

(a) Name of the State Government entity involved: State of Georgia;
(b) Time: 9/20/08;
(c) Place: Lawrenceville Georgia
(d) Nature of Loss Suffered: sexual battery and mental anguish;
(e) Amount of Loss Claimed: medical bills in excess of $20,000.00 and permanent impairment;
(f) Acts or omissions with caused the loss: Against Dr. Quereshi: Sexual Battery, Intentional and Negligent Infliction of Emotional Distress
Against COUNTY HOSPITAl: Respondeat Superior, Agency Liability, Failure to Warn Negligent Infliction of Emotional Distress, Negligent Hiring, supervision and retention

No action to make a civil recovery for these claims will be commenced except upon the expiration of ninety days (90) following receipt of this notice, or the State’s denial of the claim, which ever occurs first.


Sincerely



Christopher M. Simon

CMS/ /cms

Sample Georgia Negligent Entrustment Complaint

In our injury law practice, I frequently have clients that ask what is the Complaint and what does it look like. Here is an example of one we used in a negligent entrustment case.

IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA


MICHELLE CORE, )
)
Plaintiff, ) CIVIL ACTION
vs. )
) FILE NO. ________________
JOSE ROSE and
CHRISTIAN JONES, )
)
) JURY TRIAL DEMANDED
Defendants.
)
)

COMPLAINT

COMES NOW Michelle CORE, Plaintiff, and makes and files this complaint against Defendants Jose Rose and Christian Jones as follows:

JURISDICTION AND VENUE

1.

Plaintiff is a resident of Georgia.

2.

Defendant Jose Rose(hereinafter referred to as “Rose”) resides at XXXXXXXX Drive, Lawrenceville, Gwinnett County, Georgia 30043, and may be served with a copy of the Summons and Complaint at this address.

3.

Defendant Christian Jones (hereinafter referred to as “Jones”) resides at XXXXXXX Boulevard, Norcross, Gwinnett County, Georgia 30093, and may be served with a copy of the Summons and Complaint at this address.

4.

Jurisdiction and venue are proper in this Court.
BACKGROUND

5.

On or about September 7, 2005, Plaintiff was driving a vehicle traveling eastbound on Duluth Highway in Lawrenceville, Georgia.

6.

Defendant Rose negligently collided with the rear of Plaintiff’s vehicle.

7.

Defendant Rose was cited at the scene for following too closely.

8.

As a result of the collision, Plaintiff suffered serious injuries.
LIABILITY OF CHRISTIAN JONES

9.

Defendant Jones had knowledge that Rose was incompetent to drive and allowed him to have access to the motor vehicle anyway. Accordingly, Defendant Jones is liable for the negligence of Rose.

NEGLIGENCE OF ROSE

10.

Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1 through 9 above as if fully restated.

11.

Defendant Rose was negligent in following too closely to Plaintiff’s vehicle.

12.

Defendant Rose was the sole proximate cause of the collision.

13.

Plaintiff did nothing to contribute to causing the collision.

14.

As a result of Defendant Rose’s negligence, Plaintiff suffered injuries, incurred lost wages, incurred medical bills and suffered pain in an amount to be proven at trial.

WHEREFORE, Plaintiff prays that she have a trial on all issues and judgment against Defendants as follows:
a. That Plaintiff recover the full value of past and future medical expenses and past and future lost wages in an amount to be proven at trial;
b. That Plaintiff recover for physical pain and suffering, loss of enjoyment of life, and emotional distress in an amount to be determined by the enlightened conscience of the jury;
c. That Plaintiff recovers punitive damages, reasonable attorney’s fees and costs of litigation and any statutory penalties allowed by law;
d. That Plaintiff recovers such other and further relief as is just and proper;
e. That all issues be tried before a jury.

This ________ day of July, 2007.