How Much is Your Claim Worth?
How Much is Your Claim Worth?
Explore actual awards and settlements paid to Georgia car accident victims. Find personal injury cases similar to yours.
Motor vehicle accidents are the second leading cause of hospitalizations, ER visits, and death in Georgia.¹ If you or a loved one are injured in a crash, you can pursue compensation.
The average car accident settlement for a moderate injury claim in Georgia is $26,079. Average payouts range from $5,299 for minor injuries to $420,816 for severe injuries.
We collected and analyzed a group of real lawsuits filed in Georgia by plaintiffs injured in vehicle accidents. Each plaintiff in the group received a court award or settled their case before trial.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $5,229 |
| Moderate Injury | $26,079 |
| Severe Injury | $420,816 |
Payout Range by Severity of Injury |
|
| Minor Injury | $1,024 – $10,460 |
| Moderate Injury | $10,915 – $70,000 |
| Severe Injury | $100,000 – $1,386,548 |
Our sample group includes a variety of accident types. Throughout the United States, side-impact collisions are the most common type of crash resulting in injuries, followed by rear-end collisions.
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $5,580 |
| Moderate Injury | $27,430 |
| Severe Injury | $423,109 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $5,111 |
| Moderate Injury | $25,258 |
| Severe Injury | $304,982 |
Our sample case group includes a range of injuries, from mild muscle sprains to brain trauma to multiple fractures with internal injuries. Most accident victims can expect to settle in the moderate payout range.
Neck and back injuries are the most common injuries from traffic accidents, followed by head injuries. Victims of serious accidents often suffer multiple injuries. Payouts are intended to compensate the victim for all their damages, not just one specific injury.
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $5,299 |
| Moderate Injury | $28,309 |
| Severe Injury | $251,560 |
Average Head Injury Settlements |
|
| Minor Injury | $6,325 |
| Moderate Injury | $24,583 |
| Severe Injury | $462,570 |
Georgia is a traditional fault state, also called a “tort” state. Car accident victims have the right to pursue compensation directly from the negligent driver. Usually, that means filing a claim with the at-fault driver’s auto insurance company.
Car accident payouts are primarily based on the scope and severity of the claimant’s physical injuries.
An easy way to estimate a fair injury settlement for mild to moderate injuries is the multiple method. Add up all your economic damages, like medical bills, lost income, and out-of-pocket expenses. Then add one to three times that amount to compensate for your non-economic damages, commonly known as pain and suffering.
Using a multiple of one is reasonable when your injuries kept you down for a few days or weeks. A multiple of two or three can be applied to injuries that impacted your daily activities for several weeks or months after the crash.
Severe injury claims should be evaluated by an experienced personal injury attorney. Your attorney will factor in anticipated future medical expenses, loss of earning capacity, and the significant pain and suffering arising from serious physical injuries.
A moderate car accident settlement in Georgia averages $26,079. Your settlement should be enough to cover your medical expenses, lost wages, out-of-pocket expenses, and pain and suffering.
Georgia has Unfair Claims Settlement Practices laws that require insurers to settle accident claims promptly and fairly after liability is reasonably certain.
Keep in mind, Georgia has a two-year statute of limitations for injury claims arising from a vehicle accident. Adults must settle their claim or file a lawsuit within two years of the accident date.
No. Georgia is a traditional fault or “tort” state. You can pursue compensation from the at-fault driver, car owner, or employer (if the driver was driving in the course of their employment). You are not required to start with a claim on your own insurance policy like in a no-fault state.
Vehicle owners without continuous auto liability insurance are subject to fines, fees, and the revocation or suspension of the vehicle’s registration.
Georgia Rules of Professional Conduct prohibit attorneys from charging an excessive fee. Personal injury attorneys customarily charge a contingency fee between 33 and 40 percent of the final compensation they recover.
Minor car accident injuries are most often soft-tissue injuries like bumps, bruises, contusions, sprains and strains. The person might need a few days of rest until the soreness and stiffness subsides. Most minor injury victims are fully recovered within a few weeks.
Type of Injury: Soft tissue neck, shoulder, and knee injuries; Contusion on plaintiff’s head
Type of Accident: Side-impact
Award/Settlement Amount: $1,024
Case Summary: Plaintiff was driving her SUV with the right-of-way when her vehicle was T-boned by another SUV which attempted a turn in her path at a T-intersection. The second SUV was driven by Defendant. Plaintiff sought emergency room treatment two days post-accident and then began a regimen of chiropractic treatment for soft tissue cervical, shoulder, and knee injuries, as well as a contusion on plaintiff’s head four months post-accident. Plaintiff argued that she was an occupational therapist and self-treated for a period of time, but when the pain became too great, she sought treatment from a chiropractor. Defendant driver admitted she was responsible for the accident. Defendants however maintained that this accident did not cause plaintiff’s injuries and that she exaggerated her condition. Jury awarded plaintiff $1,024, the amount of her emergency room bill.
Location: Cobb County, Georgia
Case Name and Docket Number: Prince v. Derrick, 07A-4789
Type of Injury: Back injuries-Soft tissue
Type of Accident: Rear-end
Award/Settlement Amount: $1,355
Case Summary: Plaintiff and defendant were involved in a motor vehicle accident. The plaintiff said he sustained soft tissue injuries to his back. Plaintiff filed a lawsuit against defendant, claiming the defendant had a duty to drive safely and breached that duty by failing to maintain a proper lookout, proximately causing his injuries. Plaintiff sought $4,111 for medical bills and $2,500 for lost wages. The defendant denied liability for the accident, arguing the plaintiff exaggerated his injuries. The jury found in favor of the plaintiff, awarding him $1,355 in damages. The Judge entered judgment accordingly.
Location: Cobb County, Georgia
Case Name and Docket Number: Brown v. Harris, 2005A-4462; 04-J-3802
Type of Injury: General head, neck, back and hand injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,800
Case Summary: A vehicle in which plaintiffs were riding was struck in the rear by a vehicle driven by defendant. The plaintiffs said they sustained unspecified head, neck, back and hand injuries as a result of the collision. Plaintiffs sued defendant for negligence They sought damages for pain and suffering and medical expenses. Defendant admitted to negligently striking the rear of the plaintiffs’ vehicle and that his negligence was the proximate cause of the accident. However, he said the plaintiffs exaggerated the nature and extent of their injuries. Jury returned a verdict in favor of the plaintiffs and awarded them a total of $1,800.
Location: DeKalb County, Georgia
Case Name and Docket Number: Messer v. Johnson, 05A-35717-5
Type of Injury: Back injuries-Cervical and Lumbar Strains
Type of Accident: Rear-end
Award/Settlement Amount: $1,886
Case Summary: Plaintiff said that defendant failed to stop at an intersection and collided into the rear end of her vehicle. Defendant was cited at the scene of the accident by police for following too closely. Plaintiff suffered cervical and lumbar strains as a result of the collision. Plaintiff filed a lawsuit against defendant for negligence. Defendant denied liability and contended that plaintiff’s failure to state specific items of special damages barred her recovery. Jury found the defendant liable for the accident and awarded plaintiff $1,885.55 in damages. The Judge entered judgment according to the jury verdict.
Location: Bartow County, Georgia
Case Name and Docket Number: Reese v. Gregory, CV-02-1805
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $2,000
Case Summary: Plaintiff was driving her vehicle at an intersection with the right-of-way. Plaintiff claimed a vehicle driven by Defendant made a left turn into the path of her vehicle and struck it in the side. Plaintiff claimed she sustained serious soft tissue back and neck injuries as a direct result of this accident. Defendant admitted negligence for causing the accident, but contended plaintiff exaggerated her condition and had excessive treatment. Defendant also argued that there was a five month gap in treatment from plaintiff’s last chiropractic visit until an appointment with a neurologist. Defendant claimed plaintiff’s complaints at the time of the neurology appointment were unrelated to this accident. The jury returned a $2,000 verdict after 1.5 hours of deliberation.
Location: DeKalb County, Georgia
Case Name and Docket Number: Sams v. Molina, 03A14095-S6
Type of Injury: Back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,282
Case Summary: Plaintiff was driving eastbound when he slowed down to stop for traffic. Defendant, who drove his pickup truck behind plaintiff, collided with the rear of plaintiff’s vehicle. Plaintiff said he suffered back injuries which required rehabilitation with a chiropractor. Plaintiff was cited for following plaintiff’s vehicle too closely. Plaintiff sued defendant for negligence. He alleged defendant’s reckless driving was the proximate cause of the accident, and his negligence included failing to keep a proper lookout or maintain a safe distance. Defendant admitted he was negligent but said the plaintiff’s injuries were minor. Jury sided with plaintiff and awarded him $2,281.50 in damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Williams v. White, 06A-43660-2
Type of Injury: General Lower back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $3,914
Case Summary: Plaintiff was driving her vehicle near a Road Connector. Three vehicles behind plaintiff were also traveling north. Defendant was the last vehicle in line when she ran into the vehicle ahead of her, which in turn, hit the vehicle directly ahead, which then hit plaintiff’s vehicle. As a result of the chain of events, plaintiff filed a lawsuit against defendants. She claimed the defendants failed to exercise ordinary care by speeding, following too closely and driving recklessly. Defendants admitted a collision occurred but denied being the cause of the plaintiff’s alleged injuries. Jury determined that defendant 1 was liable to the plaintiff and awarded her $3,914.
Location: Bartow County, Georgia
Case Name and Docket Number: Eidson v. Ruthe, CV-03-2143
Type of Injury: Neck injury-Cervical strain
Type of Accident: Side-impact
Award/Settlement Amount: $4,333
Case Summary: Plaintiff was involved in a motor vehicle accident. She said she suffered cervical strain and property damage in an accident that was proximately caused by the negligence of defendant. Plaintiff sued defendant, seeking to recover $3,332.54 for property damage and $7,000 for personal injury claim. In addition, plaintiff sought compensation in the form of pre-judgment interest, attorney fees and costs of court. Defendant denied the allegations. Parties reached a settlement agreement, which was approved by the Judge. Pursuant to the agreement, defendant was to pay the plaintiff $4,332.54, which was to be paid in monthly installments of $325 for 13 months, plus a final payment of $107.54.
Location: Fayette County, Georgia
Case Name and Docket Number: Watts v. Timmons, 07SV-0221
Type of Injury: Back injury-lumbar/cervical strain
Type of Accident: Side-impact
Award/Settlement Amount: $4,524
Case Summary: Plaintiff was operating her vehicle southbound, when she attempted to turn left at an intersection, her vehicle collided with a vehicle operated by defendant. According to plaintiff, defendant was speeding and passed two other northbound vehicles before striking her vehicle. Plaintiff sustained lumbar and cervical strains as a result of the collision. Plaintiff sued defendant for negligence, claiming the collision caused her medical expenses and pain and suffering. Plaintiff claimed she had the right of way when defendant failed to yield and pulled out into the intersection, striking plaintiff’s vehicle. Defendant denied liability, and claimed plaintiff herself caused her reported injuries. Jury found for plaintiff and awarded her $4,523.59.
Location: Fulton County, Georgia
Case Name and Docket Number: Garnet v. Bryant, 04-VS-063858A
Type of Injury: Back injury-Cervical/Lumbar sprain
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving her car when she was involved in a rear-end collision with a vehicle driven by defendant. Plaintiff accused defendant of negligent driving and following her vehicle too closely at a high rate of speed. The plaintiff claimed she sustained cervical and lumbar sprains, physical and mental pain and suffering, past and future medical expenses and treatment, and lost wages. She asked for relief in an amount no less than $100,000, medical expenses, lost income, and court and attorney costs. Defendant denied plaintiff’s allegations. A jury sided with plaintiff, awarding her $5,000 in total damages, including costs.
Location: Floyd County, Georgia
Case Name and Docket Number: Wood v. Sheppard, 03-CV-29614-JFLWJM
Type of Injury: Back injury-compression fracture of the lumbar spine
Type of Accident: Side-impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles. Plaintiff turned left in front of Defendant’s oncoming pickup truck, resulting in a broadside collision. Plaintiff alleged that he had stopped in the intersection to wait for traffic to clear before turning left and that he attempted to complete his turn after the light had turned red. Plaintiff argued that he sustained a compression fracture of the lumbar spine. He sought damages for continuing medical treatment and pain and suffering. Defendants presented evidence that plaintiff never stopped at the intersection and that Defendant had a yellow light when he entered the intersection. Defendants acknowledged that plaintiff may have sustained minor soft tissue back injuries, but disputed that he sustained a compression fracture. Jury awarded plaintiff $5,000 after deliberating 2 hours.
Location: Chatham County, Georgia
Case Name and Docket Number: Patrick v. Talley, STCV0602982
Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff and defendant were involved in a motor vehicle accident. Defendant was driving a vehicle behind the plaintiff, when he rear-ended his vehicle. Plaintiff said he injured his neck and back as a result of the collision. Plaintiff brought a lawsuit against defendant, claiming he was injured as a proximate result of defendant’s negligence. He asked to recover damages for his medical expenses incurred, lost wages and his bodily injuries. The defendant admitted he negligently caused the collision, but denied plaintiff was injured to the extent he claimed. The jury returned a verdict in favor of the plaintiff and awarded him $6,000 in damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Favors v. Pol, 05A-29878-3
Type of Injury: General head, neck, shoulder, and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff exited southbound Interstate Highway. While driving on the off-ramp, her vehicle was rear-ended by a vehicle operated by defendant. Plaintiff sustained injuries to her head, neck, shoulder and back. The plaintiff sued defendant for negligence. Plaintiff said defendant failed to keep a proper lookout and followed her too closely, which led to the collision. According to her, the accident caused her bodily injuries, pain and suffering, lost wages and medical expenses of $5,469. Defendant at first denied causing the accident, but later admitted negligence. He denied the collision caused all of the plaintiff’s damages. The jury found for plaintiff, awarding her $6,000 in damages.
Location: Bibb County, Georgia
Case Name and Docket Number: Williams v. Benion, No. 58017
Type of Injury: Back injury-cervical strain
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: The plaintiff was a passenger in a vehicle involved in a chain-reaction accident involving defendant motorist. The vehicle driven by defendant rear-ended the plaintiff’s host vehicle. The plaintiff said he suffered cervical and lumbar strains that required medical treatment due to the impact. The plaintiff filed a complaint alleging the defendant’s negligent driving, failure to maintain proper lookout, following too closely and driving too fast in the conditions caused the collision and his resulting injuries. The defendant denied liability and contested the nature and extent of the plaintiff’s claimed injuries. The Jury returned a verdict in favor of the plaintiff, awarding him $6,000 in damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Zhou v. Lagadapati, 2019-A-76459-0
Type of Injury: Soft tissue neck, back and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,255
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. Plaintiff was rear-ended by defendant while they were both traveling about 50 mph. Defendant fled the scene of the accident, but was subsequently apprehended. He was charged with DUI and possession of cocaine. Plaintiff alleged that defendant was negligent and reckless in operating a motor vehicle while under the influence. Plaintiff claimed to have sustained soft tissue neck, back and shoulder injuries in the accident. She also claimed she was entitled to punitive damages. Defendant admitted driving under the influence and authorized an award of punitive damages. However, defendant argued that plaintiff’s medical treatment was excessive and contended that plaintiff’s injuries were not caused by the accident. A jury awarded the plaintiff $6,255, which included $1,000 in punitive damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Edwards v. Ricks, 05A37866-2
Type of Injury: General head, neck and shoulders injuries
Type of Accident: Side-impact
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving her car near an intersection when she was struck by a vehicle driven by defendant. Plaintiff sustained unspecified injuries to her head, neck and shoulders as a result of the accident. Plaintiff sued defendant, claiming defendant’s negligent driving had caused her injuries. She sought reimbursement for medical expenses and compensation for loss of quality of life. Plaintiff denied liability. He claimed plaintiff’s failure to exercise ordinary care and contributory negligence barred plaintiff’s claims. He fully claimed to not be liable to plaintiff for any amount whatsoever. The jury returned a verdict defendant, awarding plaintiff total damages of $7,500.
Location: Richmond County, Georgia
Case Name and Docket Number: Kirby v. Oellerich, 2002RCCV63
Type of Injury: Back injury-Herniated disc
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff stopped her vehicle along with traffic when defendant, who had been driving behind plaintiff drove her vehicle into the rear of plaintiff’s. The collision caused plaintiff’s vehicle to collide with the vehicle in front of hers. Plaintiff suffered a lumbar disc herniation as a result of the collision. Plaintiff sued defendant for negligence, including failing to properly control her vehicle, driving too fast and failing to keep a proper lookout. Defendant admitted the collision occurred, but denied causing it. She also denied any liability to plaintiff. The jury found for plaintiff and awarded her $10,000.00 in damages.
Location: Chatham County, Georgia
Case Name and Docket Number: Ricker v. Kirby, CV-04-1807-KA
Type of Injury: Head, neck and shoulder injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving when her vehicle collided with another vehicle driven by defendant. Plaintiff sustained unspecified injuries to her head, neck and shoulders as a result of the accident. Plaintiff sued defendant for negligence and careless driving. She claimed the collision caused her physical injuries, pain and suffering and medical expenses in excess of $8,000. The defendant agreed his negligence caused the accident but denied plaintiff was injured from the collision. The jury found in favor of the plaintiff and against the defendant. Jurors awarded plaintiff $2,339.50 for medical expenses and $7,660.50 for general damages.
Location: Bibb County, Georgia
Case Name and Docket Number: McLendon v. Holt, 57059
Type of Injury: Back injury-Cervical and Lumbar strain
Type of Accident: Side-impact
Award/Settlement Amount: $10,260
Case Summary: Defendant failed to yield for oncoming traffic at an intersection and turned left in front of a vehicle in which plaintiff was a passenger, causing a collision. Plaintiff sustained cervical and lumbar strains as a result. Plaintiff filed a lawsuit against defendant, claiming defendant made a negligent left turn and failed to yield to traffic, proximately causing the accident and her injuries. She sought damages for medical expenses, physical impairment, damage to her property, physical pain and suffering, lost wages and mental distress. Defendant denied liability. Jurors returned a verdict in favor of plaintiff, awarding her $10,260, which included $8,955 for medical expenses and $1,305 for pain and suffering.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Timberlake v. Addy, 05-C-15880-S3
Type of Injury: Injuries to neck, shoulders, wrist, back and hips
Type of Accident: Rear-end
Award/Settlement Amount: $10,846
Case Summary: While plaintiff was stopped in traffic, a vehicle operated by defendant rear-ended her vehicle. Plaintiff sustained injuries to her neck, shoulders, wrist, back and hips in the collision. Plaintiff brought a lawsuit against defendant. She claimed the defendant was negligent by failing to keep a proper lookout and following too closely. Plaintiff sought damages for injuries, medical bills, lost wages and pain and suffering, as well as costs of litigation. Defendant denied liability and contested the nature and extent of plaintiff’s claimed injuries. Jury found in favor of the plaintiff, awarding her $10,846.40 for damages. Judge entered judgment accordingly, adding prejudgment interest at the legal rate and court costs.
Location: DeKalb County, Georgia
Case Name and Docket Number: Lee v. Stewart, 06A53653-1
Moderate car accident injuries include soft-tissue injuries, sprained muscles, tendons, or ligaments, uncomplicated fractures, concussions, and slipped or herniated discs. The victim may be out of work for weeks or months, depending on the physical demands of their job. Some moderate injury victims are left with residual impairments.
Type of Injury: Chest injury-chest pains
Type of Accident: Rear-end
Award/Settlement Amount: $10,915
Case Summary: Plaintiff was driving when he was involved in a collision with a stopped vehicle. Defendant improperly stopped in the roadway and the two vehicles collided. Plaintiff said the impact knocked him against the steering wheel causing him chest pains. Plaintiff filed a complaint against defendant for negligent driving and improper stoppage in a roadway. Plaintiff sought damages for $5,398.55 in medical expenses, $1,252.50 in lost wages and for pain and suffering. The defendant denied negligence and countered that the plaintiff failed to exercise ordinary care for his own safety. A Superior Court jury found in favor of plaintiff and awarded him $10,915.30 in damages.
Location: Bartow County, Georgia
Case Name and Docket Number: Shanks v. Timms, 04-CV-2156
Type of Injury: Back and neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $11,112
Case Summary: Plaintiff was driving in the middle turn lane at an intersection when defendant attempted to change lanes and struck plaintiff’s vehicle on the front driver’s side quarter panel. Plaintiff said she sustained neck and back injuries as a result of the collision. Plaintiff filed a lawsuit against defendant. The plaintiff claimed the defendant operated his vehicle negligently by making an improper lane change and failing to keep a lookout for other vehicles. The plaintiff maintained the defendant’s negligence proximately caused her injuries. The defendant admitted he was at fault for causing the motor vehicle accident; however, he disputed the plaintiff’s damages. Jury found in favor of plaintiff.
Location: Cobb County, Georgia
Case Name and Docket Number: Honeycutt v. Molnar, 2015-A-00296-3
Type of Injury: Whiplash injury-Neck pain
Type of Accident: Rear-end
Award/Settlement Amount: $11,219
Case Summary: Plaintiff was driving when he was involved in a collision with a stopped vehicle. The stopped vehicle was waiting to turn left at an intersection when it was struck from behind by another vehicle driven by defendant, propelling the stopped vehicle into plaintiff’s car. Plaintiff sustained whiplash injuries to his neck as a result of the accident. Plaintiff brought a complaint defendant, claiming defendant’s collision with the turning car was the direct and proximate cause of his injuries. Defendant denied liability. Jury agreed with plaintiff, awarding him $11,219.25 for damages. Plaintiff was further entitled to prejudgment interest of $748.15, as well as court costs of $105.
Location: Floyd County, Georgia
Case Name and Docket Number: Whitener v. Smith, 04-CV-35914 JFL001
Type of Injury: General Injuries to back and neck
Type of Accident: Rear-end
Award/Settlement Amount: $11,492
Case Summary: Plaintiff was driving, she slowed to execute a left turn into a parking lot, when her vehicle was rear-ended by vehicle operated by defendant. The collision caused plaintiff’s vehicle to leave the road and hit a tree in a nearby ditch. Plaintiff sustained injuries to her back and neck. Plaintiff sued defendant for negligence. She accused defendant of following too closely, failing to brake and failing to maintain a proper lookout. Plaintiff admitted negligence, but claimed plaintiff had a pre-existing back condition. He refuted her claims for medical expenses, alleging her medical treatment was unnecessary and unrelated to the accident. Jury found for plaintiff, awarding her $11,492 in damages.
Location: Fulton County, Georgia
Case Name and Docket Number: Hartnett v. Damato, 05-VS-076242
Type of Injury: Left rib cage strain with pain
Type of Accident: Head-on
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was driving his ambulance when he was involved in a head-on collision with a vehicle driven by defendant, who had crossed over the centerline. Plaintiff brought a lawsuit against defendant, claiming defendant was under the influence of drugs at the time of the accident, which therefore contributed to his negligent and reckless driving. Defendant denied liability and contested the nature and extent of the plaintiff’s injuries. Plaintiff’s physician reported that plaintiff suffered from left rib cage strain with significant pain. Plaintiff claimed $2,081.75 in medical expenses and $1,756.44 in lost wages since the accident. The jury found in favor of the plaintiff and awarded him $12,000 against defendant.
Location: Floyd County, Georgia
Case Name and Docket Number: Smith v. Freeman, 04-CV-33677JFL001
Type of Injury: A right knee contusion/strain; lower back strain; strains of both hips
Type of Accident: Rear-end
Award/Settlement Amount: $13,755
Case Summary: Plaintiff, 17, was driving her vehicle and was on her way to school. She was traveling west near an intersection, when she was rear-ended by a vehicle operated by defendant. Defendant admitted negligence for the rear-end collision, but disputed injury causation and damages. Plaintiff complained of headache at the scene of the accident. She then drove to school and presented to her athletic trainer with complaints of pain in her back, hips and right knee. Plaintiff went to a doctor 20 days later and was diagnosed with a right knee contusion/strain, lower back strain and strains of both hips. The defense argued that plaintiff’s claim of pain in her hips was similar to prior hip complaints two years earlier that were related to her participation in cross-country running. The jury awarded $13,755 to plaintiff.
Location: Coweta County, Georgia
Case Name and Docket Number: Freeman v. Heard, 17SV0168
Type of Injury: Back injury-Herniated disc
Type of Accident: Side-impact
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was driving his vehicle at an intersection when it collided with a vehicle operated by Defendant. Plaintiff claimed defendant ran a red light, which caused the accident. Plaintiff sustained a herniated disc injury as a result of the accident. Plaintiff sued defendant for compensatory damages. Defendant originally denied plaintiff’s claims but later admitted to causing the accident. Even so, she denied the collision caused all of plaintiff’s damages. Since defendant admitted negligence, a jury was convened to solely determine damages for plaintiff. The jury awarded plaintiff $15,000, and the Judge also awarded him $142.50 in court costs.
Location: Fulton County, Georgia
Case Name and Docket Number: Lucas v. Turner, 05-VS-078344
Type of Injury: General head, neck and lower back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $16,250
Case Summary: Plaintiff was involved in two motor vehicle accidents. In the first, defendant was northbound at its intersection when he apparently turned left in front of plaintiff, who was traveling south, and the two vehicles collided. Plaintiff said he sustained injuries to his head, neck and lower back as a result of the collision. In the second accident, Co-defendant was southbound on near an intersection when she drove into plaintiff’s lane of travel, colliding with his vehicle. Plaintiff filed a lawsuit against both defendants claiming defendants’ negligence was the proximate cause of the collisions. Defendants denied liability. Jury returned a verdict in plaintiff’s favor, awarding him $16,250 in damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Swilling v. Colley, 05A-38906-7
Type of Injury: Shoulder injury-Rotator Cuff
Type of Accident: Rear-end
Award/Settlement Amount: $20,728
Case Summary: Defendant who was operating a truck caused a chain-reaction motor vehicle accident involving several vehicles that were stopped in traffic and waiting to exit an interstate. He collided with a vehicle directly ahead of him which subsequently collided with the plaintiff’s vehicle. Plaintiff suffered a rotator cuff injury to her shoulder which required surgery, as well as a totaled vehicle. Plaintiff sued defendant, contending defendant was negligent when he failed to keep his vehicle under control. Defendant denied that he was negligent or had caused the plaintiff’s injuries. Jury returned a verdict in favor of the plaintiff for $20,728.
Location: Cobb County, Georgia
Case Name and Docket Number: Priestley v. Gregorio, 2012-A-04054-5
Type of Injury: Neck, shoulder and knee injuries
Type of Accident: Side-impact
Award/Settlement Amount: $22,500
Case Summary: Defendant was driving when her vehicle collided with the front passenger side of a vehicle driven by plaintiff. The plaintiff claimed defendant failed to yield at all, which caused the collision. She asserted the accident caused her injuries to her neck, left shoulder and left knee, medical expenses, pain and suffering. Plaintiff sued defendant seeking to recover from these damages. Defendant denied liability, claiming the plaintiff exaggerated her injuries. Defendant further stated that the plaintiff had the last chance to avoid an accident, and was comparatively negligent. A jury in the Superior Court found for plaintiff and awarded her $17,500 in damages and $5,000 for attorney’s fees.
Location: Floyd County, Georgia
Case Name and Docket Number: Wright v. Ghani, 04-CV-33144-JFL-004
Type of Injury: Back injury-Herniated Disc
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff claimed that his vehicle was struck from the rear by the defendant’s tractor-trailer while plaintiff was stopped for traffic on a public highway. Plaintiff alleged that he suffered a cervical disc herniation and cervical and lumbar strains. Plaintiff sued defendant contending that defendant failed to properly train and supervise its drivers and was liable for the accident. Plaintiff further contended that defendant’s driver operated the truck in a negligent manner, failed to keep a proper lookout, and failed to maintain an assured clear distance. Defendant admitted liability but disputed plaintiff’s injuries and contended that they were pre-existing from previous unrelated motor vehicle accidents. Jury returned a plaintiff verdict.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Hooks v. Bern, 07-C-10853-S4
Type of Injury: Closed head injury
Type of Accident: Head-on
Award/Settlement Amount: $25,000
Case Summary: Plaintiff and defendant were involved in a motor vehicle accident. Defendant’s vehicle crossed the centerline, collided with plaintiff’s vehicle and jack-knifed into a utility pole. Defendant died in the crash. Plaintiff sustained a closed head injury, incurred past and future medical expenses. Plaintiff filed a complaint against the defendant’s estate through his widow. Plaintiff claimed he was seriously injured and suffered a diminished capacity to work as a result of defendant’s negligent driving. Defendant admitted an accident occurred between her late husband and plaintiff but said she was without sufficient information to confirm the remaining allegations. Jury found in favor of plaintiff, awarding him $25,000 for damages.
Location: Richmond County, Georgia
Case Name and Docket Number: Helton v. Corbin, 2004-RCCV-690
Type of Injury: Chest, back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff claimed he was stopped at an intersection at the bottom of a highway exit ramp when his vehicle was rear-ended by the defendant’s vehicle. Plaintiff claimed he sustained chest, back and neck injuries which required medical treatment due to the impact. Plaintiff filed a complaint claiming defendant’s negligent driving caused the accident and was the proximate cause of his injuries. According to plaintiff, the defendant failed to use due care and was following too closely. Defendant denied liability, arguing the plaintiff was comparatively negligent when he suddenly stopped his vehicle in the process of turning right. Jury returned a plaintiff verdict.
Location: Spalding County, Georgia
Case Name and Docket Number: Seymour v. Grusing, 2019-SV-00170
Type of Injury: Soft tissue injuries to her hand, neck, back and knee
Type of Accident: Side-impact
Award/Settlement Amount: $26,398
Case Summary: Plaintiff and Defendant were operating their respective vehicles in opposite directions on the same road. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle and the two vehicles collided. Plaintiff alleged defendant was negligent in failing to yield the right-of-way and broadsided her vehicle. Plaintiff claimed she sustained soft tissue injuries to her hand, neck, back and knee. Defendant admitted liability for the accident, but disputed damages. Defendant contended plaintiff exaggerated her injuries, sought unnecessary and unhelpful medical care, and had no valid reason for not returning to work after the accident. A federal jury awarded $26,398 to plaintiff. Per defendant’s counsel, massive overcharges and excessive treatment by plaintiff’s physician had an impact on the amount of the jury award.
Location: Fulton County, Georgia
Case Name and Docket Number: Crider v. Hart, 1:03-CV-01349
Type of Injury: Back injury-Bulging disc
Type of Accident: Rear-end
Award/Settlement Amount: $31,967
Case Summary: Plaintiff’s vehicle was rear-ended by defendant at an intersection. Plaintiff said she suffered a bulging disc at L3 and L4 as a result of the collision. Plaintiff brought a lawsuit against defendant. The plaintiff claimed the defendant negligently failed to operate her vehicle in a safe manner, failed to keep a proper lookout and followed too closely. The plaintiff sought damages for personal injuries, medical expenses and physical, emotional and psychological distress. The defendant disputed the plaintiff’s claims. The plaintiff’s claims against defendant proceeded to a jury trial. Jurors returned a verdict for the plaintiff and awarded her $31,976 for damages.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Robinson v. Kirk, 2014-C-04611-3
Type of Injury: Neck injury- a cervical disc bulge at C5-6 with radicular pain; Closed head injury
Type of Accident: Rear-end
Award/Settlement Amount: $32,500
Case Summary: Plaintiff was a back-seat passenger in a vehicle driven by an Uber employee. The vehicle stopped for traffic and was rear-ended by a vehicle driven by defendant. The impact pushed plaintiff’s vehicle into the rear of the vehicle in front of it. Defendant conceded liability. The case proceeded to a trial on injuries and damages. Plaintiff was rendered unconscious for a period of time when her head hit the back of the seat rest in front of her. She had a CT scan of her head and X-rays of her neck and back. Plaintiff was ultimately diagnosed with a cervical disc bulge at C5-6, as well as radicular pain. The defense contended that the disc bulge was not the result of the subject accident, but was a degenerative, pre-existing condition. Jury determined that plaintiff’s damages totaled $32,500.
Location: Fulton County, Georgia
Case Name and Docket Number: Shewalema v. Westover, 18EV662
Type of Injury: Cracked ribs; soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $34,750
Case Summary: Plaintiff was a passenger in a van driven by Defendant 1. Defendant1 was traveling on a straight two lane commercial roadway, intending a turn into a Home Depot parking lot. Defendant1 claimed he entered the intersection with the green light and waited until traffic cleared before attempting to clear the intersection as the light was turning red. As he did so, he claimed that Defendant 2 sped through the red light and struck him broadside. Plaintiff claimed to have sustained cracked ribs and soft tissue neck and back injuries. Defendant2 denied speeding or running a red light. He contended that he entered the intersection on a green light that was turning yellow and that defendant1 turned in the path of his oncoming vehicle. Case settled for $34,750.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Pringle v. Hilton, 06C-04792-1
Type of Injury: Back Injuries- Lumbar spine; Neck injuries
Type of Accident: Head-on
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was driving west while defendant was traveling east on the same roadway. Defendant lost control of his vehicle, crossed the centerline and veered into the lane of oncoming traffic, causing a collision with plaintiff. Plaintiff sustained neck and lumbar spine injuries. Plaintiff brought a lawsuit against defendant, claiming the defendant was negligent for failing to remain in the appropriate travel lane, keep a proper lookout, maintain control of his vehicle, exercise ordinary care, pay attention to traffic conditions and avoid the collision. The defendant denied liability for the accident. The jury heard the case and found in the plaintiff’s favor and awarded plaintiff $40,000 for damages.
Location: DeKalb County, Georgia
Case Name and Docket Number: Allen v. Joyner, 07-A-66585-5
Type of Injury: Soft tissue neck, back and shoulder injuries
Type of Accident: Side-impact
Award/Settlement Amount: $66,000
Case Summary: Plaintiff was driving her car. She had a green light at a “T” intersection. Upon entering the intersection, her SUV was T-boned by a vehicle driven by Defendant. The impact caused plaintiff’s vehicle to spin and overturn. Defendant admitted that he looked away from the intersection momentarily, during which time the light turned red. He said he was unable to stop in time to avoid this accident. Plaintiff did not seek emergency treatment, but presented to her treater several days later with complaints of neck, back and shoulder pain. Defendants admitted liability for causing the accident and did not dispute that plaintiff may have had minor soft tissue injuries from the accident. However, defendants disputed the extent of damages. The jury awarded plaintiff $66,000.
Location: Cobb County, Georgia
Case Name and Docket Number: Mendez v. Patrick, 05A-11235
Type of Injury: Aggravation of preexisting neck, back and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $70,000
Case Summary: Plaintiff was driving a vehicle. She slowed for an accident ahead of her and was rear-ended by Defendant. Plaintiff claimed neck, back and shoulder injuries as a direct result of this accident. She acknowledged two prior accidents, which caused her underlying conditions. However, she maintained that she had not treated for those injuries for three years prior to this accident and had been stable before this impact. Plaintiff argued that the aggravation of the injuries required extensive physical therapy, as well as emergency and orthopedic treatment. Defendant contended that plaintiff stopped suddenly in front of him and he was unable to stop in time to avoid the collision. Defendant also argued that this minor accident did not cause plaintiff’s complaints, which pre-existed this accident. The case was argued before a jury, who returned a $70,000 verdict for plaintiff.
Location: Fulton County, Georgia
Case Name and Docket Number: Watts v. Trotter, 2010CV192222
Severe crash injuries include complicated fractures, multiple bone fractures, internal injuries requiring surgery, traumatic brain injuries, and permanent neck and back damage. Severe injury victims may not be able to return to their pre-accident work or personal activities.
Type of Injury: Neck and back injuries; headaches
Severity Rating: Severe
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff said she was involved in a motor vehicle accident with defendant when the defendant’s vehicle suddenly turned into the path of her vehicle, causing an impact between the vehicles. The plaintiff claimed she suffered unspecified neck and back injuries, headaches and emotional distress as a result of the impact. Plaintiff filed a complaint against defendant claiming defendant’s negligent driving was the sole proximate cause of the collision. According to the plaintiff, the defendant was not paying attention, failed to yield, and made an improper turn. Defendant denied liability and argued plaintiff was contributorily negligent. Jury returned a verdict in favor of plaintiff.
Location: DeKalb County, Georgia
Case Name and Docket Number: King v. Dellaria, 2019-A-75870-0
Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was traveling north near an intersection when Defendant’s vehicle struck her vehicle in the side. Defendant’s vehicle was involved in a collision with three other cars as well. The police report indicated that defendant was traveling at an excessive rate of speed and that defendant was intoxicated at the time of the incident. Plaintiff alleged that defendant was negligent in driving too fast and operating a vehicle while intoxicated. Plaintiff claimed permanent neck and back pain as well as medical bills. Defendant denied plaintiff’s allegations, but agreed to settle the case for 100,000.
Location: Fulton County, Georgia
Case Name and Docket Number: Innis v. Artzner, 2006CV127041
Type of Injury: Back injuries-Two herniated discs
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was a passenger in a vehicle operated by her husband when an unidentified motorist abruptly changed lanes, causing the vehicle in front of the plaintiff’s to brake. Though plaintiff’s husband was able to stop without hitting the car, he was then rear-ended by a vehicle driven by defendant. Plaintiff sustained two herniated discs and other personal injuries from the collision, as well as $7,600 in medical expenses. Plaintiff sued defendant and the unidentified driver for negligence. Defendant denied negligence. Jury found in plaintiff’s favor and awarded her $100,000 in damages against both defendants. The Judge also awarded her an additional $12,750 in prejudgment interest.
Location: Bibb County, Georgia
Case Name and Docket Number: Telfair v. Harstern, 51790
Type of Injury: Soft tissue injuries to chest, hip, foot, neck and lower back; abdominal and knee contusions
Type of Accident: Side-impact
Award/Settlement Amount: $113,830
Case Summary: Plaintiff was operating her vehicle. She entered an intersection and was broadsided by a vehicle driven by defendant. Plaintiff was trapped in her vehicle for a short period of time until she could extricate herself. The defense conceded liability for the accident. The case proceeded on the issues of injury causation and damages. Plaintiff was transported via EMS to a local emergency room for complaints of chest, hip, foot, neck and lower back pain. She was later diagnosed with cervical and lumbar strains/sprains, as well as abdominal and knee contusions. The defense contended that plaintiff’s complaints pre-existed the accident and that any ongoing issues resulted from a prior motor vehicle accident, noting that plaintiff had required chiropractic treatment after the prior accident. The jury determined that the plaintiff’s damages totaled $113,830.
Location: DeKalb County, Georgia
Case Name and Docket Number: Gray v. Branch, 14A50149
Type of Injury: Neck injury-Bulging cervical discs at C4-C5 and C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $129,894
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff came to a stop and was rear-ended by defendant’s vehicle. Plaintiff alleged defendant failed to keep a proper lookout and maintain an assured clear distance ahead. Plaintiff claimed to have sustained bulging cervical discs at C4-C5 and C5-C6 necessitating emergency room treatment. Defendant contended plaintiff was exaggerating the extent of his injuries and his chiropractic care was unnecessary. A jury returned a plaintiff verdict in the amount of $129,894. The verdict was for pain and suffering only as plaintiff’s medical bills were paid by his health insurance carrier.
Location: Clayton County, Georgia
Case Name and Docket Number: Ducre v. Amaka, 2004CV02763-B
Type of Injury: Back injury- bulging disc at L4-L5 with annular tear with direct compression of the exiting nerve root; a temporary aggravation of a pre-existing neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was operating a car. When she stopped to allow pedestrians to cross the roadway. Defendant, who was operating an SUV struck the rear of plaintiff’s stopped vehicle. Plaintiff suffered a L4-L5 bulging disc with annular tear with direct compression of the exiting nerve root and temporary aggravation of a pre-existing neck injury. She also attributed a subsequent knee injury to the weakened condition of her back, claiming that her weak back caused her to fall and hurt her knee. Defendant admitted liability, but contended plaintiff grossly exaggerated her back injury. Defendant argued that plaintiff had degenerative disc disease and the minor impact collision did not cause her back injury. A jury awarded plaintiff $150,000 after deliberating 2.5 hours.
Location: Greene County, Georgia
Case Name and Docket Number: Harden v. Morgan, 2005-SU-CV-323
Type of Injury: Neck injury-Cervical injury at C6
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was operating a vehicle. He stopped at a red light and was rear-ended by Defendant’s vehicle. The impact propelled plaintiff’s vehicle into the rear of the car ahead of him. Plaintiff suffered a cervical disc injury at C6, necessitating surgery and resulting in permanent limitations. Plaintiff provided expert testimony to explain the results of an MRI performed one month after the accident, which the expert said demonstrated evidence of the neck injuries. Defendant disputed the extent of plaintiff’s injuries. Defendant contended that the injuries were caused by one of four previous motor vehicle accidents in which plaintiff had been involved or another accident that took place four months after this incident. A jury awarded $150,000 to the plaintiff.
Location: Chatham County, Georgia
Case Name and Docket Number: Gatson Jr. v. Decrescenzo, STCV0901331
Type of Injury: Head injury-Permanent brain damage
Type of Accident: Side-impact
Award/Settlement Amount: $187,709
Case Summary: Defendant caused a motor vehicle accident which resulted in permanent brain damage to plaintiff, who was 17 years old at the time. Plaintiff’s parents brought a lawsuit against defendant for negligence. The plaintiff’s mother sought damages for any medical expenses that accrued from the date of the collision to the date her daughter turned 18. Defendant denied liability. After conducting a trial, the Judge entered judgment for plaintiffs in the amount of $185,394.50 and for plaintiff’s mother in the amount of $1,997. The Judge also awarded costs to the plaintiffs in the amount of $317, for a total sum of $187,708.50.
Location: Cobb County, Georgia
Case Name and Docket Number: Sears v. Sheppard, 2011-A-3451
Type of Injury: Closed head injuries, broken leg, multiple traumas and lacerations
Severity Rating: Severe
Type of Accident: Head-on
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving her vehicle, when a truck owned by defendant, but driven by his son crossed over the centerline. The vehicles collided head-on. Plaintiff sustained closed head injuries, broken leg, and multiple traumas and lacerations. The truck driver was cited for driving under the influence, having an open container of alcohol in his vehicle and various other violations of law related to the accident. Plaintiff and her husband filed a complaint against defendants for negligence. Defendant admitted owning the truck involved in the accident, but denied he was responsible in any way for the plaintiffs’ injuries. Jury found for plaintiffs.
Location: Gordon County, Georgia
Case Name and Docket Number: Barnes v. Gwin, 04CV-43903
Type of Injury: Aggravation of pre-existing injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $275,000
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first, defendant was driving when she collided with plaintiff’s vehicle. Plaintiff suffered injuries to his neck and back. In the second, defendant who was operating a truck, failed to yield the right-of-way, colliding with plaintiff’s vehicle. The second accident aggravated plaintiff’s existing injuries to his neck and back. Plaintiff filed a lawsuit against defendants in separate suits, which were later consolidated. Plaintiff claimed as a direct and proximate result of the combined effects of these collisions, he suffered indivisible injury and damages. Defendants denied negligence. Parties later agreed to a $275,000 settlement in favor of plaintiff.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Hanson v. Davis, 04-C-1055-2; 03VS049426C
Type of Injury: Neck injury-Cervical disc herniation at C5-C7
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction when defendant rear-ended plaintiff’s car. Plaintiff alleged that defendant was negligent in the operation of her vehicle and failed to keep a proper lookout. Plaintiff claimed the accident caused a cervical disc injury necessitating discectomy and fusion at C5-C7. Plaintiff had physical therapy, epidurals and trigger point injections, all of which failed. An orthopedic expert testified that the surgery was a result of the accident and was needed after conservative measures failed. Defendant admitted liability and agreed to a $300,000 settlement.
Location: Fulton County, Georgia
Case Name and Docket Number: Connell v. Anzilotti, 04VS064397
Type of Injury: Bilateral ankle fractures
Type of Accident: Side-impact
Award/Settlement Amount: $400,000
Case Summary: Plaintiff, age 19, was driving her vehicle with the right-of-way. Defendant, age 17, ran a stop sign and struck plaintiff’s vehicle almost head-on. The collision totaled plaintiff’s vehicle. Defendant initially contended she was unable to stop due to water on the roadway, but eyewitnesses testified there was no water on the road and defendant never applied her brakes. Defendant then admitted liability for the accident, but disputed plaintiff’s damages. Plaintiff alleged she suffered significant bilateral ankle fractures that left her with permanent pain and difficulty walking. Plaintiff was unable to return to work as a fast food restaurant employee because she could not walk long distances or stand for long periods. Defendants disputed the nature and extent of plaintiff’s future losses, arguing that plaintiff’s heavy weight contributed to her pain and problems ambulating. The jury awarded plaintiff $400,000.
Location: Chatham County, Georgia
Case Name and Docket Number: Turner v. Sutton, STCV0702929
Type of Injury: Head injury-Concussion; Leg injury-Comminuted fractures of tibia and fibula
Type of Accident: Side-impact
Award/Settlement Amount: $450,000
Case Summary: Plaintiff was riding his motorcycle. While attempting to make a left turn, he collided with a vehicle that was operated by defendant. According to plaintiff, defendant pulled in front of him while attempting to make a left turn, and though he tried to avoid a collision, he was unable to do so. Plaintiff suffered a concussion as well as comminuted fractures of tibia and fibula of his left leg. Plaintiff sued defendant for negligence. Defendant denied causing the accident and claimed plaintiff ran into her while she was waiting to turn left at a stop sign. Jury found for plaintiff and awarded him $450,000 in damages.
Location: Floyd County, Georgia
Case Name and Docket Number: Blankenship v. McBurnett, 04-CV-34663
Type of Injury: Wrist injury-non-displaced fracture of the wrist; back injury-vertebral compression fracture at L2; Knee injury-chondromalacia
Type of Accident: Head-on
Award/Settlement Amount: $450,000
Case Summary: Plaintiff was driving her vehicle on a Highway. At an intersection, an uninsured driver (John Doe) failed to stop at a stop sign, entered the highway and struck Defendant’s vehicle. Defendant lost control of her vehicle, which spun across the median and into plaintiff’s lane of travel. A significant head-on impact occurred between plaintiff’s vehicle and defendant’s vehicle. Plaintiff alleged significant permanent injuries, including a non-displaced fracture of the wrist. She claimed constant pain and could not return to work. Defendant argued that John Doe caused the accident and that, due to John Doe’s negligence, she was unable to control her vehicle. Both defendants disputed causation of plaintiff’s knee injury, which was not diagnosed until 14 months post-accident. Jury returned a verdict of $ 450,000 in favor of plaintiff, finding Doe 99.5% at fault and defendant .5% at fault.
Location: Bibb County, Georgia
Case Name and Docket Number: Vinson v. Smith, 08-CV-48518
Type of Injury: Shoulder injury-dis others- fractured ribs, hip and thigh.
Type of Accident: Side-impact
Award/Settlement Amount: $468,000
Case Summary: Defendant backed her vehicle into plaintiff’s, pinning him between her car and a parked pick-up truck. Plaintiff sustained a dislocation of his left shoulder, fractured ribs, hip and thigh. Plaintiff filed a lawsuit against defendant. He argued that the defendant’s negligent driving was the proximate cause of his injuries. He sought damages for pain and suffering, lost earning capacity, lost wages and medical expenses. The defendant admitted to the collision. However, she questioned the extent of the plaintiff’s injuries. The jury heard the evidence and arguments, and returned a verdict in favor of the plaintiff. They awarded $468,000 in damages.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Dailey v. Rogers, 02-C-3487-3
Type of Injury: Wrist injury-nondisplaced fracture of her left wrist, reflex sympathetic dystrophy of her left hand and arm with nerve damage; adhesive capsulitis (frozen shoulder) on the left side
Type of Accident: Side-impact
Award/Settlement Amount: $750,000
Case Summary: Plaintiff was driving her pickup when Defendant ran a red light and turned in front of plaintiff, resulting in a T-bone collision. Plaintiff’s vehicle was totaled. Both drivers were taken from the scene by ambulance. Plaintiff claimed she sustained a non-displaced fracture of her left wrist that would not heal and she had to undergo a Darrach procedure to remove about an inch of the wrist bone. Plaintiff also claimed she developed reflex sympathetic dystrophy of her left hand and arm after the wrist surgery with nerve damage and also developed adhesive capsulitis (frozen shoulder) on the left side about a year after the accident. Defendant admitted liability for the accident, but denied that plaintiff’s shoulder, hand and arm complaints were related to this accident. A jury awarded plaintiff $750,000 in damages.
Location: Bibb County, Georgia
Case Name and Docket Number: Benge v. Rogers, 07-CV-47063
Type of Injury: Head injuries-Traumatic brain damage; Back injuries-acute cervical strain, spinal stenosis and herniated discs; Shoulder injuries-Rotator cuff tear.
Type of Accident: Rear-end
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was operating his vehicle, when he was struck by a truck operated by defendant and owned by co-defendant. Plaintiff suffered severe injuries including traumatic brain damage, acute cervical strain and rotator cuff tear in his left shoulder. Plaintiff and his wife sued defendants for negligence. Plaintiff’s wife claimed loss of consortium. Defendants denied negligence or liability. Defendants later amended their answer to admit liability for the accident, but continued to deny plaintiffs’ claims of injury and damages. Jury found for the plaintiffs, awarding a total of $1,000,000: $30,000.00 for past medical expenses, $500,000.00 to plaintiff for future medical expenses, $400,000.00 for general damages and $70,000 to plaintiff’s wife.
Location: Gwinnett County, Georgia
Case Name and Docket Number: Ruane v. Morley, 03-C-00914-2
Type of Injury: Hip injury-femur fracture of the left leg
Type of Accident: Head-on
Award/Settlement Amount: $1,284,525
Case Summary: Plaintiff was a passenger in a vehicle traveling north. Defendant was operating a vehicle in the opposite direction. She crossed the double yellow line and struck plaintiff’s host vehicle head-on. Plaintiff alleged defendant driver negligently entered plaintiff’s lane of travel and caused the collision. Plaintiff claimed he sustained a femur fracture of the left leg requiring a fasciotomy and split thickness skin graft. Defendant admitted liability prior to trial, but defendants denied that defendant parents were liable. Defendants contended plaintiff’s future injuries were not caused by the wreck and his future medical care would be minimal. Case settled for $1,284,525 during jury deliberations.
Location: Greene County, Georgia
Case Name and Docket Number: Powers v. Driscoll, 07-CV-031
Type of Injury: Hip injury-fractured femur and pelvis; fractured ribs; lacerated liver; and fractured elbow
Type of Accident: Side-impact
Award/Settlement Amount: $1,386,548
Case Summary: Plaintiff was driving a commercial van, when he broadsided the trailer of a Defendant tractor-trailer. Plaintiff claimed the tractor-trailer driver suddenly and without warning pulled the vehicle into the path of plaintiff’s van and they collided. Plaintiff suffered fractured femur and pelvis, fractured ribs, lacerated liver and fractured elbow. He required surgical repair of his injuries and was out of work for seven months. Defendant contended plaintiff first turned on his turn signal and entered a right turn lane before continuing straight through the intersection after the truck driver had already begun entering the roadway. There was little dispute over plaintiff’s actual injuries, though defendant disputed the extent of plaintiff’s future damages and expenses. The jury awarded plaintiff $1,733,184 less 20% comparative negligence for a net verdict of $1,386,548.
Location: Bulloch County, Georgia
Case Name and Docket Number: Brasington v. Horizon Tank Lines, 1B08-CV633
We analyzed a group of personal injury lawsuits filed in Georgia courts by plaintiffs injured in vehicle accidents. All the plaintiffs in our group received a payout from a court award or by settling with the defendant before trial.
In a few cases, the Award/Settlement Amount includes a small loss of consortium award to the victim’s spouse rolled into the injured plaintiff’s award. The award amounts also reflect any reductions for contributory fault, when applicable.
Averages are calculated by adding the payouts for a group of cases, then dividing by the total number of cases in the group.
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