From $12,000 to $65,000: How We Won Big for Our Client
Hey there, Ryan Locke here, your go-to personal injury lawyer in Atlanta, Georgia. Today, I want to share the story of a recent case that highlights the importance of persistence, strategic thinking, and meticulous attention to detail in personal injury litigation. We turned a $12,000 pre-suit offer into a $65,000 settlement. Here's how we did it.
The Starting Point: A Disappointing Offer
Our journey began with a lowball offer of $12,000 from the insurance company. To make matters worse, our client’s previous lawyer dropped her case, deeming it not worth pursuing. This setback didn't deter us; instead, it fueled our determination to fight for the compensation our client deserved.
The Litigation Mindset
The first crucial step in this transformation was adopting the right mindset. When you decide to litigate, you must commit to the long haul. This means preparing to take the case to trial if necessary. Filing suit isn’t about hoping for a quick settlement after the deposition. It’s about preparing thoroughly, anticipating every possible move, and being ready to go the distance.
Strategic Moves: Serving the Defendant
One of the key strategies we employed was serving the defendant correctly. When we served the defendant, we also sent a copy by certified mail to his insurance company. This step is often overlooked but can be pivotal. Georgia law states that if you notify the insurance company within five days by certified mail, they are obligated to cover the negligence, even if the defendant fails to respond. In our case, the defendant didn’t respond, putting him in default and preventing the insurance company from pulling coverage. This move effectively secured our position and kept the insurance on the hook.
Winning the Motion to Dismiss
Another significant hurdle we overcame was the defendant’s motion to dismiss, claiming improper service. We used a top-notch process server who records video of every serve. This extra step, though not always necessary, proved invaluable. When the defendant challenged the service, we had video evidence to back our claim, which helped us win the motion and keep the case alive.
Applying Pressure with Motions in Limine
As the case progressed, we filed motions in limine to prevent the defense from challenging certain aspects of the case. Despite being in default, the defense attempted to argue that the minimal property damage implied minimal injury to our client. We countered this by highlighting the lack of scientific correlation between property damage and injury severity. Moreover, we emphasized that the law precluded them from challenging liability and medical expenses since they were in default.
Pushing for a Higher Settlement
Throughout the process, we maintained pressure on the other side, particularly as we approached the pretrial stage. Filing these motions early and robustly showcased our preparedness and seriousness, likely motivating the adjuster to offer a higher settlement. The defense, which had remained below $30,000 throughout the case, finally raised their offer to $65,000.
The Outcome: A Satisfying Settlement
Is $65,000 a life-changing amount? Maybe not. But it’s a significant improvement from the initial $12,000 offer and a testament to what diligent legal work can achieve. This isn’t a million-dollar case that will make headlines, but it’s a win that reflects our commitment to every client, no matter the case’s size.
The Takeaway: Choose the Right Lawyer
This case exemplifies the everyday battles personal injury lawyers face. Many cases start with disappointing offers, and it’s easy to give up. But with the right lawyer—one who’s willing to go to the mat for their clients—better outcomes are possible. We don’t just settle; we fight for what’s fair.
So, if you’re facing a personal injury case, don’t settle for less. Choose a lawyer who will stand by you and fight for the compensation you deserve. At Locke Law Firm, we’re committed to being that advocate for you.
Until next time, stay safe and know that we’re here to help when you need us.