A few days before Thanksgiving in 2014, our client was returning home from
work to his house in Mansfield, Georgia, outside Covington. He was traveling
down County Line Road, a two-lane county road with no working streetlights
at dusk. Out of nowhere, a horse appeared in the center of the road and
he could not avoid striking it with his vehicle.
Our Client’s Injuries Following the Accident
As a result of the wreck, our client suffered a herniated disk. Unfortunately,
like many Americans, he did not have access to affordable health care,
so he had to wait several weeks before seeing anyone. Then when he was
able to get care, conservative procedures did not help our client’s
pain. He desperately needed funds to obtain a surgery.
Relentlessly Pursuing a Settlement for Our Client
Kalka & Baer filed suit against the owner of the horse and secured an admission from
the horse’s owner that he left the gate open while feeding the horse
allowing it to escape. This is in violation of Georgia law which requires
livestock owners to take reasonable measures to keep animals off of public roads.
Still, the owner’s insurance company refused to compensate Kalka
& Baer’s client for his injuries. They argued that the injured
driver should have been able to avoid the collision. They argued that
he did not claim to be injured at the scene and waited two weeks to see
a doctor. Also, the insurer obtained surveillance video showing the client
walking normally and working in the yard. Essentially, the insurer accused
him of fabricating his injuries.
Final Outcome - $150,000 Settlement Obtained
Bryan Baer of Kalka & Baer prepared for trial to help protect our client and
advocate on his behalf. We videotaped depositions of his medical providers
relating the disc injury to the accident with the horse to play for the
jury with impactful visuals. We interviewed numerous coworkers, friends
and family members and convinced them to testify on our client’s
behalf about how he was before and after the accident to prove that he
was not fabricating his pain.
Finally, on the eve of trial, the insurer paid a $150,000 settlement. Our
client is currently consulting with one of the top orthopedic groups in
town to obtain the surgery he needs to get better.
If anyone you know has experienced severe injuries as a direct result of
negligence, call Kalka & Baer in Atlanta for the representation you
deserve. Your first
consultation is free.