A Rechtman & Spevak client suffered spinal injuries in a car-wreck in Henry County. After chiropractic and other conservative care proved ineffective, the injured client eventually had spine surgery due to the wreck.
Although only $100,000 in liability insurance was applicable, the insurer refused to offer an amount close to the available insurance limits prior to trial. The insurer argued that due to low property damage, pre-existing spinal injuries, and gaps in medical treatment, only a small verdict was anticipated.
A team of experienced trial attorneys, which included Alan Hamilton, Scott Campbell, and David Rechtman, handled the trial of the case in Henry County. The trial resulted in a $1,400,000 jury verdict for our client. Since the verdict exceeded the good faith offer to settle made by the plaintiff’s trial team, an award of attorney's fees and expenses in the amount of $565,000 were added to the verdict amount.
We argued that the insurer was responsible for paying 20 times the insurance limits! This is because under Georgia law, if an insurance company does not agree to a pre-trial settlement offer within the insurance limits, that insurer can be held liable for the full judgment.
The judgment of the trial court was appealed to the Georgia Court of Appeals. Plaintiff’s appellate team was led by Darren Summerville. During the appellate process, a settlement mediation was held. The case settled for a confidential amount at mediation, an amount which was acceptable to our injured client.