A routine drive along a Canton highway turned violent in an instant when another driver lost control, veered into the wrong lane, and slammed into our client’s vehicle. What began as a trip to visit family quickly became a traumatic event, leaving our client and his passengers with serious injuries.
Because our client was a veteran who had been wounded in service years ago and already had some recommended treatments for his back, his own insurance’s defense team tried to argue that the crash didn’t cause new damage. Insurance companies often look at a person’s age or background as a way to avoid paying what they owe. In simple terms, they might argue that any discomfort is just due to “wear and tear,” a tactic many people have encountered themselves.
At Farah & Farah, we don’t let a client’s history be used against them. We spoke with Savannah car accident attorney Lindsey Corbin about how she pushed this case into litigation to secure every penny of the $400,000 available.
How Medical Experts Proved the Car Accident Caused Serious Mobility Loss
Before the wreck, our client, who was a Colonel in the military, was an active man who loved working his ranch. While he had injuries from his military service and some age-related wear and tear in his neck and back, he was mobile and independent, often riding his horse for several hours each week and walking an average of 10,000 steps a day. After the impact, he could barely walk, struggling to manage even 500 steps daily. In cases like these, our attorneys can use data from wearable tech like Apple Watches to show the “before and after” effects of an accident. The defense even tried to point to a doctor’s mention of surgery a month before the accident as a “gotcha” moment, but Lindsey Corbin knew better.
“He had herniations at multiple levels of his spine,” Lindsey explained. “The defense tried to blame it on his age and his old military injuries. We had to establish causation, showing that while he had issues before, this wreck severely aggravated them. It essentially robbed him of his golden years.” To prove this, the team brought in an MD to perform a specialized radiology interpretation, comparing pre-accident and post-accident images to show the clear decline caused by the crash.
Proving Liability With Clear, Compelling Evidence
In Georgia, car accident liability (i.e., legal responsibility under GA Code § 51-12-33) can be assigned to the drivers involved. This legal concept is called “comparative negligence.” For example, if you were partly to blame for causing an accident, it may be decided you are 10% liable, and therefore only entitled to seek 90% of the total damages the crash caused.
The Colonel was simply driving in his own lane when the at-fault driver suddenly veered into him. The driver who hit the Colonel claimed they had lost control and therefore couldn’t be held entirely responsible. But Lindsey was ready to hold them accountable. During discovery, it was revealed that the driver was very familiar with this stretch of road, and witnesses confirmed that no external force seemed to cause the driver to lose control. With all of this evidence, Lindsey was able to establish that it was the at-fault driver who was solely responsible for the crash.
In cases like these, insurance companies can try to reassign blame, but we kept the pressure on and let the facts we presented speak for themselves. Even your own insurance company, which owes you a duty to protect you, might not take care of you, especially if you’re older. You pay premiums for years, hoping they’ll have your back when it counts, and then face excuses or delays when you need them most. This is a frustration many have encountered, and it’s not just about the dollar amounts; it’s about the principle of standing by loyal customers.
The Legal Strategy That Secured the Full $400,000 Recovery
The insurance company initially refused to offer a fair pre-suit settlement. They were banking on the idea that a jury might see an 80-year-old’s injuries as just part of getting older. Lindsey didn’t flinch. She took decisive action to ensure our client’s case was taken seriously.
“We sent an offer of settlement and made it clear that we were ready for trial,” Lindsey noted. “We did the work: the depos, the expert reviews, the whole nine yards. Once they realized we weren’t going away and that our client was a well-spoken, honorable veteran, they finally tendered the full limits.”
Delivering Peace of Mind After a Serious Injury
The $400,000 settlement represented the absolute maximum available from both the Bodily Injury (BI) and Underinsured Motorist (UM) policies. It was enough to cover the surgery the Colonel eventually had to undergo, his physical therapy, and his extensive pain management.
Beyond the money, the relationship built was a real win. “He was a tough military man, but we developed a great rapport, sending jokes back and forth via text,” Lindsey shared. “When I went to visit him, he was super satisfied. He served our country, and it was an honor to serve him.”
In the end, it was a fantastic outcome, giving the client peace of mind and satisfaction, knowing that justice was delivered and they were financially taken care of.
Don’t Let Insurance Companies Minimize Your Injuries
If you or a loved one is being told your injuries are “just part of getting older” or are pre-existing, don’t take the insurance company’s word for it. Talk to an experienced personal injury attorney at Farah & Farah with a free consultation. We’ll review the facts of your case and see what options may be available.
Call us, start a chat, email, or stop in today–we have locations across the Southeast to fight for the future you deserve.
