The following is a very small sample of the results that we have achieved on specific cases. Please keep in mind that every case is unique and must be evaluated on its own facts and circumstances. Our firm represents people in both large cities and small rural communities, and handles cases ranging in value from a few thousand dollars to cases that are worth millions of dollars. Since 1984, our firm has recovered billions of dollars for our clients.
Eight-year-old boy was rendered a quadriplegic after being involved in a horrendous automobile collision. The driver at fault was traveling in a county ambulance. He was not responding to an emergency call, nor were any lights or sirens in use. In the right lane next to him and ahead was a second potentially at fault driver. The second driver pulled into the ambulance's lane and stopped at a signal. The ambulance driver did not brake in time and clipped the rear of that vehicle. Instead of swerving to the right where the traffic was light and moving in the same direction, the ambulance driver swerved into oncoming traffic. He ran head on into the vehicle where the child was a backseat passenger.
Testimony varied as to whether the car that pulled into the ambulance driver's lane did so negligently, but it was established that the ambulance driver had time to either stop or move to the right to avoid the collision. The child was unconscious at the scene with obvious serious injuries but emergency personnel failed to stabilize his neck and spinal cord before moving him from the vehicle. The child was taken to a local emergency room where his parents were told that his neck was broken and that he would probably never walk again. The child is quadriplegic and dependent on a ventilator to breathe. He is catheterized for urine every four hours and receives tube feedings every four hours through a tube inserted into his abdomen directly into his stomach. He also suffered a seatbelt injury, which resulted in the necessity of a colostomy - where a segment of the bowel is brought through the abdominal wall for drainage into a bag. He requires round the clock supervision. He receives daily anti-depressant medication. Insurance proceeds were obtained from both personal and county government policies.
Seven year old girl tragically killed when drunk driver in an SUV forcefully rear ended the mid-sized car where child was a back seat passenger. The smaller vehicle burst into flames after the collision. Her mother who was driving suffered minor head injuries.
Our client was the driver of a vehicle involved in a motor vehicle collision. Unfortunately, our clients sustained permanent injuries, and incurred several hundred thousand dollars of medical bills. Liability in this case was complicated by allegations that our client was partially at fault for the accident. As part of the settlement agreement, the defendants in this case have required that almost all of the facts about the collision and litigation be confidential.
An eight year old boy drowned while in the care of camp counselors. Prior to the child attending the camp, his parents had signed a waiver releasing the camp from liability. Camp attorneys attempted to use this as a defense to accepting liability for the negligence of the camp counselors.
Failure to diagnose meningitis in a 7 month old resulting in profound mental retardation and paralysis. Parents had taken the child to the emergency room with a fever and vomiting. Lab results either were not received or not reviewed promptly resulting in a delay in diagnosis. Condition could have been treated with hospitalization, antibiotics and spinal taps. The defendant was a well-known HMO.
Our client's life was forever changed when her vehicle crashed into a guardrail on the highway. Instead of helping protect our client, the guardrail failed; it pierced through the front of the vehicle and all the way through our client's legs. She lost both of her lower legs as a result. A mother to three young boys, she persevered through countless challenges as she adjusted to her new life without legs.
There were numerous facts and legal circumstances that negatively impacted the value of this case. In fact, this legal matter was turned down by several other law firms. However, this case was very important, not just for our client, but it has also already affected how safer guardrails will be built in the future, to potentially save lives and prevent catastrophic injuries in Georgia.
Suit was filed against the parties who installed the guardrail improperly, causing it to fail. The case settled one week before trial. The defendant parties have since modified the way they install guardrails in the State of Georgia, largely because of this lawsuit.
Rear end collision. Driver of other vehicle was texting. Sadly, our client was killed by the impact. Most details of this case were subject to a confidentiality agreement.
Two sisters, ages nine and eleven, were traveling as backseat passengers in parent's car. Drunk driver crossed the centerline and hit the vehicle head on. Children maintained severe internal and spinal injuries. The defendant driver only had automobile insurance policy limits of $25,000. Suit was filed against the driver and the manufacturer of the car with service of pleadings in the United States and overseas. The allegations against the car manufacturer included failure to provide appropriate three point type seatbelts for children. The child sitting in the rear middle seat was restrained by only a lap belt that resulted in her body pivoting around the belt and then being thrown violently backward when the collision took place. The child in the rear left seat was in a three point system so poorly designed that the shoulder harness crossed her face and neck and caused her to wear the harness below her left arm making it useless for all practical purposes.
Client was tragically killed instantly when the driver of a pick up truck lost control of his vehicle and slid into the client's lane of travel. Client was fifty years old and worked as a clerk. She was survived by her husband and minor daughter.
Death of woman in multi-car pile-up involving fog caused by a nearby factory.
Our client was riding on his motorcycle when the defendant approached from the opposite direction, turned in front of him and failed to yield the right of way. Our client’s injuries included an open fracture to the leg that required surgery (an open reduction internal fixation to repair a complicated fracture). Our client incurred approximately $307,000.00 in medical bills.
Initially, the insurance carrier attempted to accept our time limited offer to settle the case for the full policy limits of insurance coverage of $1,250,000.00. However, they did not accept the offer until 4 days after our deadline for acceptance. By failing to meet the deadline and accept our offer to accept the policy limits, the insurance company breached their fiduciary duty to protect their insured, putting the defendant at risk of a judgement in excess of the policy limits.
Since the offer was accepted late, Montlick & Associates pursued a claim against the insurance company for bad faith refusal to settle, eventually negotiating a settlement for our client in excess of the available insurance. We settled the case for $1,650,000, which was $400,000 above the available liability insurance coverage.
Our client was driving an SUV. The at-fault driver was coming from the opposite direction and lost control of his vehicle, ran off the right side of the roadway, overcorrected and then crossed into our client's lane of travel.
It was later determined that the defendant was driving under the influence of alcohol. Our client sustained a hip fracture that required surgery (open reduction with internal fixation). Our client incurred approximately $206,000.00 in medical bills.
On behalf of our client and pursuant to O.C.G.A. § 9-11-67.1, our firm made an offer to the insurance carrier for the at-fault driver to settle the claim for the full limit of liability coverage or $25,000.00. The insurance carrier accepted our offer but failed to issue payment within 10 days of acceptance. Timely payment was an essential element of acceptance.
To prevent suit against the at-fault driver, the at fault insurance carrier later succumbed to our demand for payment in excess of the insurance coverage. The claim was ultimately resolved at mediation for $1,500,000.00 or 60 times the liability policy limits of coverage.
Client was traveling on I-20 West bound when a Wal-Mart Tractor Trailer merged into his lane of travel, striking the left rear corner of his bumper. The collision caused client to spin out and strike the right median wall, come back into traffic and be struck again by the Wal-Mart Tractor Trailer, resulting in Client's vehicle to flip over into the far left lane of travel where it was struck again by another motorist. Our client was treated and released by EMS and did not seek emergency room treatment. Client began having pain the day after collision and began treatment two (2) days after collision. Client sustained a herniated disk in his cervical spine as well as bulges in his lumbar spine. Suit was filed against Wal-Mart and its transportation subsidiaries. Mediation was scheduled soon after suit was filed and at mediation a settlement was reached for $1,000,000.00.
Our client was a passenger in this one vehicle collision. The defendant driver lost control and ran off the roadway into a ditch/embankment. Our client sustained a broken ankle/leg and a C1 fracture, that required surgery. This case was complicated by allegations of assumption of the risk and our client's felony criminal record. The case settled at mediation for $900,000.
Our client wa walking down a public sidewalk near a construction site. Unfortunately, unsecured construction materials were picked up and carried by the wind, striking him in the head. The wind speeds were 17 mph and gusting to 29 mph. Our client suffered lacerations, a partially amputated ear, facial fractures and head injury.
Death of thirty-nine year old due to negligent treatment from physician. The physician had documented a severe allergic reaction related to certain medication. Some years later, the doctor prescribed this same drug to the decedent, which caused a severe and debilitating reaction resulting in death about 2 months later. Decedent was not married and had no children. The claim was brought by a parent and his siblings
Amount negotiated as a pre-trial settlement for a female who suffered neck injuries when a commercial truck crossed the center line, colliding with our client as she was driving an empty school bus. Client underwent cervical fusion surgery. Although she had less than $85,000.00 in medical expenses, we were able to secure a substantial settlement for pain and suffering by effectively showing the mechanics of the injury through the use of dash-cam videos, as well as the extent of her permanent injuries through professional medical illustrations and other evidence.
Our client, the mother of three children, was tragicaly killed when the vehicle she was driving was rearended by a drunk driver. The drunk driver had no insurance and there was no insurance on the mother's car. Investigation revealed that the drunk driver at been at a local bar. Suit was filed alleging the bar was responsible for letting the drunk driver get into a vehicle to drive in an obviously intoxicated condition. The bar contested these facts. A settlement was reached at mediation.
Four year old child killed when tractor-trailer driver failed to keep a proper look-out when backing truck up in parking lot of convenience store. Liability was heavily disputed as defendant claimed that parent was not supervising the child, which a jury would have weighed as a major factor as to whether and to what extent the driver might ultimately be found liable. .
Our client was a passenger in her adult daughter's car and her daughter was driving. The vehicle was in the left lane on the interstate when a tractor/trailer in the right lane pulled over into the left lane without warning. The vehicle our client was riding in was propelled across the interstate into oncoming traffic. It hit another vehicle head on and a third car with its passenger side, where client was sitting. Unfortunately, our client suffered a broken right arm and leg, fractured ribs, fractured pelvis, fractured skull and tendon damage to one hand.
Fifteen-year-old client was a passenger in a car driven by his brother when their vehicle was violently hit by another automobile. The driver who struck their vehicle had been the subject of a police chase which had escalated. Unfortunately, he only had $25,000 per person in liability insurance, and an offer for the policy limits was tendered early in the case. However, the investigation showed that the offense for which the at fault driver was being pursued by police officers from two cities was a minor traffic offense. The police chased him for approximately forty miles and their actions were in violation of police policy and training. Our client suffered a dislocation fracture to his neck and had to undergo surgery. He also suffered short term memory loss, and pain disorder. Our client elected to accept the settlement of $525,000 that was offered by the police department at mediation.
Client was standing at the docking area of a distribution center waiting to pick up a delivery of produce. Suddenly, an employee of the distributor who was driving a motor driven pallet jack came around a corner at high speed. The employee driver lost control of the vehicle and jumped off. The pallet jack kept moving. It struck a stack of boxed grapefruit, and the grapefruit and the vehicle then crashed into the client, slamming her against the wall. The client had had previous surgery on her back and had returned to full time work some years earlier. Unfortunately as result our client underwent surgery for two ruptured discs in her lower back. The total amount recovered includes both a personal injury and a worker's compensation claim.
Client was coming off I-75 Southbound exit ramp at exit 265. As she proceeded to make a right hand turn, an employee for local energy company ran the red light at the intersection, causing a t-bone collision with our client's vehicle. Our client sustained a compound leg fracture to her right leg requiring Open Reduction Internal Fixation surgical repair and hardware placement. Suit was filed against the defendant driver and defendant company that employed the driver. Following extensive legal discovery, the parties reached a settlement in the amount of $475,000.00.
Twelve-year-old boy drowned in a state park creek. We alleged that his death was caused by failure of the lifeguards to promptly respond to requests for help that were made by others. Liability was hotly contested by the defendant.
Our client was a long haul trucker and had stopped at a truck stop waiting to fuel. The line was quite long so the client began to prepare his bed inside his vehicle as he planned to stop for the night once his truck was fueled. While doing this, another rig hit the back of the client's truck and the impact threw him onto the floor of his cab. The at-fault driver had apparently been told to move his rig as he had it parked illegally. Angry, that driver negligently moved his truck, hitting our client's rig during the process. Our client suffered back pain and underwent a regimen of conservative treatment including physical therapy and epidural injections. Unfortunately he ultimately required surgery. Our client had also sustained a previous on the job injury from another accident.
Our client was working on the job as a flagman at a construction site. The defendant drove his vehicle over the crest of the hill at the point of construction, but was unable to stop when he saw the backed up traffic. Unfortunately, his vehicle crossed the median and hit our client. Our client sustained multiple injuries including broken ribs, injury to his spleen and kidney and a badly fractured leg. Suit was filed against the driver and a claim was also made against the repair shop that had checked the brakes on the truck.
Five-day-old child suffered strokes and ruptured intestine as a result of emergency room physicians repeated failure to properly diagnose the bowel condition from which the child suffered. The child was developmentally delayed as a result of hypoxic brain damage.
Represented 21 tenants, the victims of fire at an apartment complex. Unfortunately th firefighters could not battle the blaze effectively because the valves to the two nearest hydrants had been paved over during a road construction project. Seventeen units were destroyed by fire and the tenants lost most or all of their personal belongings. Suit was filed against the city and the company that paved over the valves to recover the value of the lost belongings.
Our client was riding on his scooter when he was struck by a car. As a result of the impact, he broke his rib and leg (closed displaced comminuted fracture of shaft of right femur that required surgery). Our firm made an offer to the insurance carrier for the at-fault driver to settle the claim for the full limit of liability coverage of $50,000.00. The insurance carrier accepted our offer but failed to issue payment within 10 days of acceptance. Timely payment was an essential element of acceptance. This created a situation where the insurance company acted in bad faith, breaching their fiduciary duty by exposing their insured to the likelihood of a judgement in excess of the policy limits. To prevent suit against the at-fault driver, the liability insurance carrier ultimately agreed to our demand for payment in excess of the insurance coverage. The claim was ultimately resolved for $375,000 or $325,000 above the limits of liability coverage
Client, a truck driver, was headed to Atlanta on the interstate when the at-fault driver failed to merge safely, resulting in our client's truck colliding with her vehicle. Our client's truck then jack-knifed and landed in a ditch in the woods off the side of the road. Liability was hotly disputed (the other driver contended that the accident was caused by our client). Client suffered a herniated disc in his neck and underwent a cervical fusion surgery. Unfortunately our client had several other medical problems which required treatment but were unrelated to this wreck. The worker's compensation carrier paid for medical bills of approximately $48,000 and wage loss. Unfortunately the other driver had minimal insurance, so there was not enough money available. However, our client had some uninsured motorist coverage, but not enough for this situation. As the bulk of the recovery was from the client's uninsured motorist carrier, the worker's compensation carrier was not entitled to reimbursement, so these funds were paid in addition to what was paid by the worker's compensation carrier.
Husband and wife involved in a head-on collision resulting in multiple injuries including the husband braking his leg and the wife fracturing her wrist.
This was the present day value of a structured settlement which would provide substantially more paid as as income to the client over the course of his lifetime. Client was a security guard at motel and noticed a suspicious person in the parking lot. Although his shift had not yet started, he confronted this person and determined that he was not a motel guest. As he began to take this man into custody, the man pulled a gun and shot the client 8 times at point blank range. The client suffered incomplete paralysis of arms, legs and trunk as well as a fracture and other injuries from the gunshots. The property owner tried to say that because the client's shift had not started that he was not on the job at the time of the incident. Unfortunately, the maximum amount of money you can recover from Worker's Compensation is limited; there is a trade off, you don't have to show liability, but the benefits are limited.
Our client, a police officer, was working a DUI stop in the center lane of highway. The at-fault driver was towing a vehicle but had not secured the steering wheel on the vehicle being towed. When he entered the highway from a cross road, the towed vehicle swung over the center lane as it passed our client and hit him in the back. Client suffered two herniated discs in his back that required surgery. He had initial treatment after the incident but then there was a three month delay in further treatment as he was caring for an ill spouse. He incurred $57,000 in medical expenses and $4,440 in lost wages.
Unfortunately, as is so often the case, the insurance coverage available was not sufficient to compensate our client and the defendant did not have assets to pursue. 100% of all available insurance was recovered in this automobile collision case, which tragically resulted in blindness to our forty-one year old client.
Our Client's head got caught in production machinery while he was trying to fix the equipment. He suffered a closed head injury with permanent damage to his memory. Settled for $250,000 plus $100,000 annuity after mediation. Unfortunately, Worker's Compensation limits the amount of money that can be recovered.
Our client, a young woman, sustained injuries including fracture to three thoracic vertebrae and scarring when she lost control of her vehicle. A sprinkler from a local farm had been left running, soaking the road and giving the illusion of heat mist rising off the road. Our client lost control and rolled her vehicle The defendant hotly contested liability, alleging that our client was driving two fast for conditions and should have slowed down and avoided the collision, and that at a minimum she was contributory negligent.
Our client was a front seat passenger in a vehicle whose driver ran a stop sign. Our client had had a previous back surgery and after this wreck eventually underwent another back surgery as well as neck surgery requiring grafting and fusion. Fortunately there was only limited insurance coverage available. The maximum amount of insurance available was obtained.
A car coming from the opposite direction turned in front of our client's vehicle. She suffered fractures to her right leg and her right ankle when her foot was caught under the brake pedal, requiring surgery.
Our was ordered to move a multi-ton shipping container in a railroad yard by tractor. The container was not secured properly to prevent shifting. When the client moved the container, the load shifted with such force that the operator's cab in which the client was sitting was slung violently backwards and forward. The client's head went through the cab window, causing multiple trauma including a head injury and scarring to his face. Workers compensation limits the amount of compensation that can be recovered in exchange for not making the lack of fault by the injured worker a requirement.
On-the-job injury where client suffered a below-the-knee amputation. Settlement included one year of open medical. This represented the maximum amount recoverable under the applicable law at the time.
Our client was a truck driver who had stopped for the night. He parked his rig and climbed into the bed of the tractor-trailer to rest. When another truck driver who had also parked his vehicle failed to secure the brakes on his trailer, it crashed into the client's truck causing the client to fall from the bed into the cab space. Unfortunately, he suffered a neck injury which required surgery.
Client was a passenger in an SUV, which was involved in a collision when the driver of a dump truck attempted to pass the SUV at a high rate of speed. The dump truck driver hit the SUV and knocked it from the roadway. The driver of the SUV lost control and the vehicle flipped over. Tragically our client died as a result of head injuries and severing of her torso when she was flung from a window while her seatbelt was still in place. Against our recommendation, the relatives elected to settle early in the process for a small amount because they did not want to follow through with litigation.
So many times there is inadequate insurance available to fairly compensate people for their injuries. Sadly, that was the case in this situation. A teenage boy was tragicaly killed when driver of vehicle in which he was a passenger lost control of the car while rounding a curve, resulting in a head-on collision. Sadly, he was killed instantly. The Insurance company tried to negotiate with the mother directly prior to our being consulted, and they alleged that she agreed to settle this claim for $75,000. We did not accept that argument and fought hard for our client. Once filed suit the case settled quickly. Unfortunately there was only $300,000 available in insurance, of which $250,000 was paid to our client, and the remaining $50,000 was paid to the driver of the other vehicle who sustained injuries.
Our client, while on the job, was a passenger in a golf cart being driven by a co-employee on a college campus in Georgia. An 18-wheeler truck was parked at a corner. The driver of the golf cart pulled up behind the truck and waited for a signal to proceed across road. The truck unexpectedly backed up and hit the golf cart on the client's side. Our client sustained injury to his elbow and was diagnosed with carpal tunnel syndrome as a result of this collision. He underwent elbow surgery which included debridement of the elbow and removal of the membranous lining of the joint. He incurred approximately $20,000 in medical bills and lost wages. The defendant originally argued that the co-employee was at fault but eventually agreed to negotiate. The case settled at mediation. This amount was in addition to benefits paid by workers compensation
Seven-year-old mentally disabled child suffered second degree burns to his back and buttocks while under the care of a private facility. Sadly, the child was in the facility because he was was unable to communicate verbally, nor move purposefully. That day the child had soiled himself and he was placed under a shower of scalding water while the attendant cleaned him. The attendant was indicted on criminal charges. The facility defended the claim, alleging that it was a problem with the plumbing.
Client was injured when another driver pulled out from a stop sign directly into his path. The client tried to take evasive maneuvers but his vehicle left the roadway and rolled over. The client sustained a fracture to his cervical spine as well as a fractured rib.
Driver of tractor-trailer traveling at a high rate of speed crashed into the rear of the tractor-trailer the client was driving. The client's back and spine were injured.
Client was shopping and looking at clothing on the racks when a bed headboard fell directly into her lower back forcing her into the clothing rack in front of her. The original bruising to her back progressed to persistent neck and back pain requiring ongoing treatment including epidurals, pain medication and physical therapy. The client ultimately underwent an anterior cervical discectomy and fusion at C5-C6 nine months after the incident.
Our Client was returning a purchase at the return desk of a retail store. Another customer had returned a leaking air-conditioner and placed it in a shopping cart by the return desk. The air-conditioner had been leaking long enough to create a sizeable puddle which was not seen by our Client. As a result, she fell to the ground due to the accumulated water and suffered a severe knee injury. She ultimately underwent arthroscopic knee surgery. The retail store originally denied it was responsible for the client's injury by claiming that the air conditioner had not been there long enough for the store to be required to inspect the area. The trial judge did not accept this argument and the case eventually settled.
Our Client was on the job working at a saw mill factory. She was positioned at a "round table" where a machine for wood products rotates in a circular fashion. There is a motor underneath that works the equipment and spins the table. There is a protective shield or guard in front of the motor to keep it stable which is supposed to be mounted to the floor. On the day of her injury, this shield tipped forward and landed on client's leg. It weighed in excess of 150 lbs. The client sustained a partial rupture of the large muscle in her lower leg, and eventually the some of the muscle in the leg atrophied.
The company that installed this equipment was sued for failing to properly secure the shield/guard. No negotiations took place until suit was filed as the company that installed the product said that the client's employer or one of the employees must have interfered with the installation. As the case proceeded, it became apparent that the company could not prove anyone else had interfered with the installation of the shield/guard. The client incurred lost wages and medical bills of about $55,000 were paid by the workers's compensation carrier. The case settled for $200,000 and the worker's compensation reimbursement was waived.
Thirty two-year-old client was carrying an airless paint sprayer while working on a 40-foot ladder. He slipped and gripped the ladder to prevent himself from falling. In doing so, he inadvertently squeezed the trigger of the sprayer with his left hand and essentially shot off the tip of the fifth finger (pinkie) on his right hand. He was taken to the hospital where the finger was amputated. Under pressure from his employer, he returned to work in two days and ultimately had to undergo second and third surgeries. The original surgery was revised and nerves had to be transposed. He had persistent and extreme pain. The client was diagnosed with reflex sympathetic dystrophy and also needed treatment for depression. Unfortunately, the dollar benefits available under worker's compensation laws are limited.
Our client sustained neck injury when her car was rear ended.
Our client worked at a bakery for over ten years and had developed occupational asthma from exposure to flour and cleaning chemicals. In addition, he suffered severe psychological problems due to loss of income and the need to file bankruptcy. We fought for our client and were able to force the worker's compensation carrier to be responsible for the psychological claim and reclassify the case as a catastrophic injury. Unfortunately the available compensation under Worker's Compensation law is limited, and this was a very good result at the time based on the applicable law and amounts that could be paid.
Our client was adjusting the ramps in front of a trailer while a coworker was attempting to load a trencher onto it. The trencher's brakes failed and the client's left leg was injured between the trencher and the trailer. Client had several surgeries for the comminuted open fractures to the leg. Unfortunately, the benefits available under worker's compensation law are limited.
Our client was using a double chain hoist to raise a radiator when the chain snapped. Part of the radiator fell onto his hand from a height of about ten feet, crushing the nerves in his hand. The client had persistent and severe pain without relief. He ultimately underwent surgery to remove the sympathetic nervous system from the left side of his body. Unfortunately, the benefits available under worker's compensation law are limited.
Client fell out of a tree while working for a tree service. Suffered a fracture to his arm, hip, and also broken teeth and nerve damage. Settled after two mediations. The financial benefits available under applicable Worker's Compensation you are limited unfortunately.
Insurance companies owe a fiduciary duty to their policy holders to protect them from exposure of their personal assets to a claim. However, insurance companies do not always do so, and can be held responsible for paying a verdict in excess of the liability policy limits (an excess verdict) if the company acts in bad faith in failing to settle for policy limits when they have an opportunity to do so, provided the case is taken to trial and a jury awards the plaintiff more than the insured’s policy limits. In this situation our Client suffered from a concussion as well as injuries to the neck and back. The medical expenses amounted to $20,605.72, and Allstate would only offer $20,800 to resolve the claim, prior to trial. The defendant’s policy limits were $100,000. Because of Allstate's bad faith refusal to pay the policy limits and protect their insured, Allstate was financially responsible for the full amount of the verdict, even though it exceeded their policy limits
Tractor trailer crashed into the rear of client's vehicle as client was proceeding through an intersection.
Low impact automobile wreck causing aggravation of neck and back problems to client.
Client involved in car wreck. Injuries necessitated the removal of his spleen.
Unfortunately, in many situations the available insurance policy limits are not adequate to fully compensate and injured accident victim for their losses in pain and suffering. That is the situation in this particular case. The client has very serious injuries and the case would've been worth substantially more money if there was enough insurance available, or if there was a solvent defend it from whom the funds could've been collected The facts were that our client and the at fault driver were traveling in opposite directions on a road with a posted speed limit of 45mph. Our client was injured when the at fault driver crossed over double yellow lines, striking his vehicle and forcing it off the highway. Unfortunately the injuries were quite serious. Our client was extricated from his vehicle by the "jaws of life" and immediately airlifted to the hospital. He suffered multiple fractures of his femur and underwent several surgeries. The maximum amount of insurance that was available was $150,000, and 100% was paid in this claim
This is another situation where there was in adequate insurance available for the people who were injured. The policy limits were only $300,000 and they had to be split between the divorced parents of a sixteen year-old girl who tragically died in a car wreck. Her boyfriend ran a stop sign and the car was hit by another vehicle. Sadly, the young girl had been in high school and worked part-time.
Unfortunately only limited insurance was available in this case, and the defendant did not have any other assets from which a judgement could be collected. Policy limits of $300,000 split between families of the two decedents of the wreck. Our client was teenage girl who was ejected from vehicle when car ran off the road after driver fell asleep at the wheel.
Unfortunately in this situation only $150,000 of insurance coverage was available; have there been more available or had the defendant had assets to recover from our client would have recovered substantially more money which they deserved. Our Client underwent ankle surgery requiring pins. She also requires shoulder surgery after starting to have problems nine months after the Rick
Truck crashed into the rear of the small economy vehicle in which client was a passenger. Client sustained injuries to her pelvis and hip.
Client, an ironworker, was on the job when he stepped into a hole, which had been improperly marked by a worker from another company. At the time, the client was carrying steel bolts and other equipment which weighed over 100 pounds. Luckily, his body ended up wedged into the hole at the hip level or he would have fallen 70 feet to the ground below.
Unfortunately the available insurance in this case was only $150,000. Our eighteen-year-old client was a passenger in her father's car when another vehicle pulled out in front of them. She suffered a severely broken left arm requiring surgical repair. She also had facial injuries and lost several teeth. Dental treatment included removal of bone chips and tissue due to damage to her gum line before permanent replacements could be completed. This recovery represented the maximum amount of insurance available.
Rear end collision, neck injury.
Three potential defendants contributed to settlement. Client was a passenger in a vehicle which came over a hill where a truck had crashed underneath a parked school bus. The vehicle in which client was a passenger ran into the truck, and then was rearended by a third vehicle. Client suffered a fractured ankle.
Defendant was cited for reckless driving and road rage after driving into client's lane and forcing her vehicle off the road. Client sustained a broken ankle that required surgery. The maximum amount of insurance available was obtained.
Client was traveling in a northerly direction on a Georgia highway. Defendant driver had been traveling south on this highway and made a turn onto a connecting road. Defendant driver was operating a tractor-trailer loaded with farm machinery. When he turned into the connecting road, the top of the tractor-trailer struck a telephone line and pulled the line down. This caused the line to break the telephone pole in two pieces. The pole fell onto the roadway and was struck by a driver heading north on the highway causing that driver to lose control, cross the northbound lane and sideswipe the client's vehicle. Suit was filed against the defendant driver and the telephone company for failure to maintain the telephone line at the regulated height. Client sustained a neck injury and underwent epidural steroid injection.
While on the job, our client was injured in an automobile collision where he was at fault, sustaining several injuries.
Unfortunately $112,500 was all that was available in insurance covered in this tragic death case. Decedent, a young adult male, was walking down a street when his way was blocked by an illegally parked pick. As a result, he was forced to go around the truck into the street to pass. An unleashed pit bull was in the back of the truck and lunged at him as he walked behind the vehicle. The decedent jumped back attempting to avoid being attacked and tragically was hit by an oncoming vehicle in the road. He ultimately died from his massive injuries. Unfortunately, the available insurance was limited in dollar amount and totally inadequate, and it was determined that the defendant's could not pay a personal judgment. We represented decedent's father. Recovery included all available insurance - $25,000 from the insurance on the pick up truck, $100,000 from the auto insurance on the car that hit the decedent and $100,000 from the homeowners' insurance of the owner of the pick up truck for a total of $225,000. This amount was split between the parents of the decedent.
Defendant became angry when client passed his vehicle and entered his lane safely. Client had her minor child with her. After the passenger in the other vehicle made a rude gesture, that driver proceeded to speed up, pulled to the right lane and then immediately pulled in front of client's vehicle and slammed on his brakes. Client changed lanes and the defendant would "track" her back and forth. Finally, he again pulled in front of the client, slammed on his brakes, forcing her to swerve and roll into the median. The other driver did not stop and was later detained by the police. His insurance limits were $100,000; plus he paid $10,000 out of his own pocket for a total settlement of $110,000. .
Disputed liability case where client fell on wet floor at local market. These types of cases present unique challenges, because the law on burdens of proof can be difficult for the injured person to overcome. This fall aggravated a pre-existing back condition.
Client slipped and fell on greasy substance at restaurant. Liability was disputed. Client suffered bruising and abrasions and exacerbation of existing back pain. The settlement resulted through mediation.
Client was a passenger in a vehicle that was involved in a wreck when the at-fault party ran a red light. Our client sustained contusions, cervical strain and a shoulder injury. He ultimately underwent arthroscopic surgery for repair of a torn tendon in his shoulder. One hundred percent (100%) of the total amount of available insurance was recovered for this client.
Client was injured when the at-fault driver made a turn directly into her path. Unbeknownst to the client at the time, she was 10 weeks pregnant. The trauma of the wreck caused her to miscarry. Unfortunately there was not a lot of insurance coverage available and the defendant was not someone that a judgment could be collected from. The total amount of available insurance was recovered for our client .
Client was a construction worker who suffered injuries when he fell from a construction site. The employer initially denied the claim.
Client injured their back when falling at a local store; liability was disputed. Cleaning company ultimately settled the case. After investigation, it could be established that inadequate warnings had been posted that the floor was recently waxed.
One hundred percent (100%) of the Insurance policy limits were recovered in this homeowner's case. Unfortunately, there was not enough insurance to properly I don't see our client, and the defendant is not somebody from whom judgment could be collected so we were limited to the insurance Our client was working on a ladder and a fellow worker negligently overextended his ladder, knocking into client who fell to the ground. He suffered a broken wrist, ankle and hip.
At-fault party turned in front of the client's vehicle which was rendered a total loss. Client suffered a break to an anklebone as well as a splintered fracture of her knee. She underwent immediate surgery for repair of the fractures. The maximum amount of available insurance was obtained.
Client was asked to assist homeowner with siding on house. Homeowner supplied equipment and assisted with the siding. Both were positioned on 20-foot ladders when the homeowner overextended his reach causing his ladder to slide along the side of the house. He then rammed into our client who fell to the ground. Client suffered multiple fractures - left wrist, pelvis and right knee. The maximum amount of insurance available was obtained.
At-fault party failed to yield to client vehicle causing a wreck. Client suffered disc herniations at the cervical and lumbar levels of his spine. The client eventually had to schedule surgery for repair of the lumbar herniation due to ongoing pain. The maximum amount of insurance available was obtained.
Client was a passenger in a vehicle where the driver fell asleep, lost control of the vehicle and crashed into a utility pole. This twenty three-year-old client suffered a fracture to his pelvis and hip joint. He underwent surgical repair where a plate with screws was inserted to stabilize the pelvis. The maximum amount of insurance available was obtained.
Note: Montlick & Associates has many additional cases, too numerous to list, where the policy limits of $100,000 or more were recovered on behalf of our clients. Please note that the amounts that we have stated above are the dollar amounts actually collected for our client(s). This distinction is important, because on many occasions there will be a large dollar verdict that can never be collected. For example, you may hear about a 5 million dollar judgment in the news, but the injured person might only receive a small percentage of that amount, such as $100,000, due to limited insurance or assets being available. Therefore, the ability of a defendant to actually pay a judgment is another important factor to be considered.