$125,000 Motor Vehicle Accident — Fatality

Gardner Trial Attorneys represented the family of a 19-yr-old man who was fatally injured in a car accident on a metro Atlanta highway. There were three other young men in the vehicle, including the driver, all of which suffered injuries. Even though the young man was not a legal resident of the United States, we made sure that his immigration status did not inhibit the ability of his family to be justly compensated for the wrongful death he suffered.

Gardner Trial Attorneys sometimes represents the families of people who have suffered grave injury or a wrongful death through no fault of their own. We pursue the best possible financial outcome for them by maintaining our focus and professionalism as they struggle to deal with their bereavement.

We keep families informed of all progress in their case and are responsive to any questions they may have. We take care of the legal work that needs to be done and help them by being the most effective possible advocate for them, leading them through the challenging litigation process to the compensation they deserve.

In this case, the young man’s friend was driving recklessly and speeding when he lost control of the vehicle on I-85. The vehicle flipped, the young man whose family we represented was thrown from the car, and he succumbed to his injuries at the scene. The driver was charged with vehicular homicide, failure to maintain lane, too fast for conditions, and driving without a license.

The only insurance recovery available from the driver was a $25,000 single limit liability policy. This type of policy pays out to whoever is “first in line” with their claim. This meant that in order for our clients to collect, Gardner Trial Attorneys needed to quickly and efficiently compile all the relevant information and submit the claim. We obtained all Georgia State Patrol records, including their accident reconstruction report, and prepared the case, securing the $25,000 recovery for his family.

Having expert knowledge of insurance policies and practices is often the difference between maximum settlements for our clients and leaving money on the table that could have helped bereaved families. We pride ourselves in creatively seeking avenues for compensation for clients that other firms might have missed.

In this case, our investigation of the young man’s circumstances helped us identify a possible insurance recovery. We pursued and eventually secured a $100,000 settlement from the underinsured motorist policy held by his father in Alabama.

At the time of his death, the young man was living in a metro Atlanta boarding house that catered to illegal immigrant workers. His mother was living and working in south Georgia, and his father lived in Alabama.

Underinsured motorist coverage follows the individual, not the vehicle that they typically drive. Neither the young man nor his mother drove a car, so it wasn’t possible to pursue underinsured motorist coverage through either of them. Because of his youth and the transient nature of his housing situation in Georgia, though, we believed we could demonstrate that he had dual state residency in Alabama as well as Georgia. We found that he visited his father in Alabama regularly, received mail there, and generally satisfied the legal requirements for residency. This allowed Gardner Trial Attorneys to submit a claim on the father’s $100,000 underinsured motorist coverage in his son’s name.

We were able to win this settlement for the young man’s family in addition to the $25,000 we collected by being the first in line to claim the money from the driver’s policy. The $125,000 went equally to the young man’s mother and father, in accordance with inheritance law.

Gardner Trial Attorneys is a leading plaintiffs’ law firm in metro Atlanta that advocates for clients who have suffered injury or wrongful death in car and truck accidents. We litigate aggressively and represent injured people and their families with compassion. We use our knowledge of insurance industry practices to determine the full value of your case and prepare for trial.

We take pride in the fact that many cases are referred to us by  current and former clients. Insurance companies and opposing counsel know that Gardner Trial Attorneys prepare all cases as if they are going to trial. That is the only way to ensure the highest possible recovery in a car accident case.

We are selective in choosing our cases. When you retain Gardner Trial Attorneys, you get our full attention and a long-term commitment to your welfare. We advocate for our clients by devoting all the resources of our firm to their case, maximizing financial results.

Car accidents are a leading cause of personal injury in Georgia. If you have been injured by a drunk driver, or otherwise through the negligence or recklessness of someone else, Gardner Trial Attorneys can help you pursue the compensation you deserve for the damages you have suffered. Call today for a free case evaluation.