Legal Question in Personal Injury in Georgia

Claim denied by insurance company for personal injury

A friend and I were rear ended by a pick up truck after work on September 30, 1999.

She and I were both restrained. The driver was cited at the scene. There was very

little visible damage done to my vehicle, but the other vehicle's bumper came off.

I obtained a lawyer and received medical treatment for neck injuries. I stay swollen on the left side of my neck and obtained soft tissue injury. I've been in physical therapy, and I've seen a neurologist and orthopedic doctor. My claim was denied by the other vehicle's insurance company which is State Farm. My case supposedly went to litigation and was denied also. I have medical bills that need to be paid and I was out of work for 5 1/2 months and accumulated lost wages. The damage done to my car wasn't extensive, but I did suffer injuries. What should I do?


Asked on 5/16/00, 11:26 am

2 Answers from Attorneys

Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Claim denied by insurance company for personal injury

You mention that your case went to litigation. Did you actually have a trial and it resulted in a defense verdict? If so, you are out of luck.

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Answered on 7/05/00, 9:02 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Claim denied by insurance company for personal injury

Insurance companies -- especially State Farm and Allstate -- have become increasingly hardnosed in dealing with cases in which low impact, low property damage collisions produce soft tissue injuries ("whiplash"). They get by with it because most lawyers don't know how to present these cases to skeptical juries. Unfortunately, your case fits that profile. I have gotten some decent results in these cases over the past decade -- $35,000 to $60,000, which is way above the average range for this category. However, in doing so I generally incurred hundreds of hours in preparation and $10,000 to $15,000 in out of pocket expenses for doctors' depostions, etc. Rarely I hear about higher verdicts for whiplash cases. However, I have stopped taking whiplash cases in order to focus on cases with better potential in relation to the amount of work involved, and to reclaim my family life.

Your dilemma is to find a lawyer who knows how to handle these cases -- if your present lawyer does not know how -- and is still willing to do so.

You might contact Charles Stephens in Gainesville, GA. He has been the guru of soft tissue injury cases in Georgia, teaching continuing legal education programs on the topic for several years. He may be trying to stop taking those cases for the same reason, but perhaps he can make a referral. (Check martindale.com for his contact info.)

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Answered on 7/03/00, 10:47 pm


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