Personal Injury & Wrongful Death

Representative Cases

WRONGFUL DEATH; WATER SLIDE; PREMISES LIABILITY

The family of a 16-year-old boy who died from a broken neck in an amusement park water slide accident retained the Firm to represent them in a wrongful death case against the defendant.  Although there were very difficult factual issues, including the alleged contributory negligence of the boy himself, the Firm retained an engineering expert witness to prove that the faulty design and negligence in the improper placement of the slide were the proximate causes of the death.  A negotiated settlement on behalf of the family was obtained prior to going to trial.

PERSONAL INJURY; PREMISES LIABILITY; ATTEMPTED ROBBERY; SHOOTING

Two thieves attempted to rob a jewelry dealer in a retail outlet, but the jeweler defended himself and fired a handgun at the perpetrators.  When the robbers fled, one of the bullets struck an innocent bystander who was shopping in the store.  Fortunately, the shopper wasn’t severely injured but she was traumatized by the event and her co-worker referred her to the Firm.  The Firm was able to prove that the jeweler had violated a contract with the retailer by bringing a handgun on the property, and that the retailer had failed to enforce the contract and had knowingly allowed the handgun on the property.  Accordingly, the Firm presented these facts at trial, and obtained full reparations for the Client-shopper and her husband from both the jeweler and the retail company.

BURNS; AUTOMOBILE COLLISION; HOSPITAL LIENS

A nineteen-year-old young man suffered third-degree burns and internal injuries when the car in which he was a passenger ran off the road, flipped, and crashed into a telephone pole, killing the driver.  With a carefully packaged pre-suit demand, the Firm convinced the driver’s liability carrier to pay the full policy limits, and the Client’s uninsured motorist carrier to pay the full policy limits on three separate policies, and obtained the dismissal of liens filed by the hospital.

DENIAL OF MEDICAL BENEFITS; EXPERIMENTAL TREATMENT; HEALTH INSURANCE; BAD FAITH PENALTIES

The Firm represented a cancer-victim’s husband who was referred to the Firm by a Judge.  His wife had been diagnosed with cervical cancer and her oncologist had recommended a very expensive transplant operation.  However, the family’s health insurance company refused to pay for the transplant on the grounds that the treatment was “experimental”.  The Firm sued the insurer, hired medical experts to prove that the treatment was new but not experimental, and recovered the full cost of the transplant operation, plus accrued interest on the Client’s medical expenses, plus all attorneys’ fees, plus statutory bad faith damages, against the Client’s health insurance company.

PERSONAL INJURY; MEDICAL MALPRACTICE; FAILURE TO DIAGNOSE CANCER (SOUTH CAROLINA)

A husband and father, who had been treated for a stomach ulcer, later learned that his treating physician had misdiagnosed him and that he was, in fact, suffering from cancer.  Suit was filed in the South Carolina Court, and the necessary medical experts were retained; the Firm proved the physician’s negligence and subsequently negotiated a settlement for the Client with the physician’s insurance company.

SUBROGATION; HOSPITAL LIENS; MADE-WHOLE DOCTRINE

A catastrophcally-injured woman was unable to recover full compensation for her injuries because the defendant driver had only limited liability insurance coverage, and because the woman had bought only a minimal amount of uninsured/ underinsured motorists coverage when she purchased her own policy.  In spite of the limited funds available, however, her “health and accident” insurance company attempted to recover 100% of the medical bills incurred from the liability proceeds, which would have left the woman with no recovery for her pain and suffering, disability, and lost income.  The Firm successfully defeated the health insurer’s subrogation claim, and the woman received 100% of the liability insurance available.

PERSONAL INJURY (TRAUMATIC AMPUTATION OF FOOT); PERMANENT DISABILITY; MOTORCYCLE; INSURANCE

A plumber whose left foot was severed in a motorcycle accident was represented by the Firm in his claim for damages against the insurance company for the adverse automobile driver.  Although the driver denied responsibility for the accident, the Firm’s investigators located an out-of-state witness and, within 90 days of filing the personal injury suit, the Firm’s attorneys settled the case for the total policy limits and benefits available under the defendant driver’s insurance policy.

LIBEL; SLANDER; DEFAMATION; ATTORNEYS; WILLS AND ESTATES

The heir to an estate was unhappy with the Atlanta attorney who was representing the estate.  The heir was telling people that the attorney was “dragging her feet” and otherwise not ethically and properly handling the estate and the distribution of legacies to the heir.  The attorney sought assistance from the Firm to protect her reputation.  The Firm filed suit against the disgruntled heir, and the settlement for the Client included a written retraction of the allegations plus damages and attorneys’ fees.

PERSONAL INJURY (BLINDNESS); VEHICLES

A woman was blinded when her optic nerve was severely damaged after she was struck by an automobile in a private stadium parking lot.  She was referred to the Firm by her employer.  The driver’s insurance carrier denied her claim, asserting that the nerve damage was not caused by the accident.  The woman retained the Firm to represent her, and the Firm hired the medical experts to prove the causation issue. As a result, the insurer settled the matter and paid the total amount of the negligent driver’s insurance policy.  The Firm settled this case through direct negotiations with the insurance company and without the necessity or expense of filing suit.

- additional sample cases available upon request