When an unexpected accident happens, dealing with insurance companies can be as stressful as the injuries sustained. Recently, Flanagan Law secured a significant legal victory against State Farm, ensuring that our client was compensated not only for her injuries but also for the legal battles she had to endure.
This case is a prime example of why having skilled attorneys matters in personal injury claims.
Challenging Insurance Denials
The incident occurred in a drive-through when our client’s vehicle was struck by another car. Despite clear evidence of injuries, State Farm initially refused to cover the full extent of medical expenses. After persistent refusal and inadequate settlement offers, Flanagan Law decided to take the matter to trial to fight for our client’s rightful compensation.
The Strategic Use of OCGA § 9-11-68
Understanding the complexities of Georgia’s legal system was key in this case. Under OCGA § 9-11-68, also known as the offer-of-settlement statute, there is a specific incentive for both parties to make and accept reasonable settlement offers. If a party rejects a fair offer and the trial verdict exceeds that offer by 125% or more, the rejecting party must also pay for the attorney’s fees and litigation expenses of the opposing party from the date of rejection to the judgment.
$17,000 Award and Legal Fee Recovery
The jury awarded our client $17,000 in damages, which was more than double State Farm’s final settlement offer. This verdict not only addressed the damages but also triggered the application of OCGA § 9-11-68 due to State Farm’s earlier refusal to settle, allowing our client to recover the costs of litigation and attorney’s fees.
Implications of the Court of Appeals Decision
The Georgia Court of Appeals upheld the verdict, emphasizing the correctness of applying OCGA § 9-11-68 and ensuring that our client was compensated for the legal expenses incurred due to State Farm’s refusal to make a reasonable offer earlier. This decision reinforces the importance of the offer-of-settlement statute in encouraging fair negotiations and minimizing unnecessary litigation.
More Than a Financial Win
This victory is not just about the financial compensation awarded; it’s about justice and accountability. At Flanagan Law, we stand ready to navigate complex legal challenges and advocate tirelessly for our clients. We believe in upholding the rights of individuals against powerful interests, ensuring they receive the compensation and legal representation they deserve.
Contact Us
If you or someone you know is struggling with an insurance claim after an injury, do not hesitate to contact Flanagan Law. Our team is dedicated to providing legal advice and representation to ensure your rights are protected. Fill out our form or call us today at (404) 480-4474 to schedule a consultation.
