$200,000 Motor Vehicle Accident — Serious Injury

A south Georgia small business owner who had been severely injured in a car accident and previously represented by another law firm came to Gardner Trial Attorneys for a second look. He thought he had received all the insurance recovery due to him, but wanted to be sure.

Expert knowledge of insurance industry practices, differing types of coverages, and the law covering insurance companies allows Gardner Trial Lawyers to identify all possible avenues for insurance recovery.

Many law firms leave money on the table, either because they’re uncomfortable with the law at issue or because they don’t know some policies are available. We are creative in seeking to maximize financial compensation for clients.

Gardner Trial Attorneys identified a strategy that had been overlooked by the first firm that represented him. We were able to secure a $200,000 settlement for him through the worker’s compensation coverage he carried on his small business.

Our client, through hard work and ingenuity, built a thriving snack food business from scratch. He built a factory across the street from his house where he could make and package the popular pork rinds that he sold. On the day of the accident, he was parked in front of his factory preparing to pull out onto a small two-lane country road to deliver some products. A car, driven recklessly, came around the bend and careened out of control, crashing into our client’s vehicle.

His injuries were severe and debilitating. A series of complicated surgeries were needed to stabilize his fractured spine, and though he made it through, he was permanently disabled. His initial counsel did the easy part for him. They secured recoveries from the at-fault driver’s policy and from his own uninsured motorist policy.

When the man came to Gardner Trial Attorneys for advice, we identified a legal strategy that his previous lawyers had overlooked. He carried worker’s compensation insurance on his snack food business. We believed a solid case could be made that he was engaged in work-related activity at the time of the car accident and that he was entitled to collect on a worker’s compensation claim as a result of his personal injuries.

The case was challenging and hard fought. Insurance companies have teams of experienced lawyers and they make money by using every tool at their disposal to avoid paying out claims. Injured people need skilled legal counsel to level the playing field by advocating for them in court.

The attorneys for the insurance company argued that he was ineligible for a worker’s comp claim because he was the owner of the company. They took advantage of the fact that a concussion he suffered during the accident kept him from remembering what had happened. They used this to claim that he had not been working at the time, even that he had been asleep in his vehicle when the car accident occurred. This was, of course, false.

Gardner Trial Attorneys convinced the court that our client was, in fact, eligible for worker’s compensation despite being the owner of the company. Even though we had to rely on an initial investigation by the firm that had previously represented him that was not as vigorous as we would have liked, we were able to demonstrate that he was, in fact, engaged in company-related work when his vehicle was struck. The $200,000 recovery ordered by the court for our client was the maximum amount possible given the laws governing the type of insurance policy he carried.

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

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.

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. 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.

We offer free case evaluations to all potential clients in car accident cases. It costs nothing to find out if your case has legal merit. Our experienced attorneys will determine who is liable for your losses, collect the evidence needed to establish your claim, and litigate the case to assure that the parties responsible for your losses are held accountable.