Stokes & Kopitsky Case Results

$3.3 Million Settlement

A trucking company’s practice of regularly backing their trucks across local roads at night without the use of warning devices, such as reflective triangles, flares, or flagmen, resulted in serious injuries to two children and the death of their mother.  The company denied responsibility until the eve of trial.  After Greg Stokes and his clients demonstrated that they were fully prepared to hold the trucking company accountable and present evidence of its wrongdoing to a jury, $3.3 million was paid to settle the case.

$1.8 Million Settlement

Neil J. Kopitsky’s client received a $1.8 million settlement as a result of the firm’s extraordinary effort.

In Cherokee County, Georgia, a young man was seriously hurt when hit by a drunk driver.  This was the third time the drunk driver had been involved in a collision while under the influence of alcohol.

Neil and Greg, and their superb paralegals, worked together to achieve the settlement.

His client, in an expression of gratitude, wrote, “You did an outstanding job representing me…the way this whole case was exquisitely handled makes me proud to have you as an attorney.  I hope someday that someone asks me if I know a great personal injury attorney – I will surely give them your name.  Thanks again for such an excellent job.”

$1.3 million verdict

After a railroad worker suffered a serious head injury as a result of being struck by a motor cap, he became permanently disabled and was, therefore, unable to return to work.  The worker claimed that the railroad had failed to provide a reasonably safe workplace because it failed to remedy a dangerous condition.  Greg Stokes was able to prove that the railroad has not complied with OSHA standards and that there was at least one previous incident in the shop in which a motor cap had come loose, endangering railroad workers.  A 12-person Fulton County jury unanimously awarded the railroad employee $1.3 million.

Old Injury – New Accident
Three Settlements: $550,000, $700,000, and $1,056,250

On occasion, clients call us with this kind of question: “I was in an accident yesterday and hurt my neck.  I already suffer neck pain from an accident several years ago.  Can I even report this new injury to the insurance company and my doctor?”

Many live with injuries and illness ranging from healed broken bones to long-term arthritis pain.  But when they suffer new injuries in auto or other accidents that worsen their pre-existing conditions, they should report them.  For one thing, the medical profession recognizes that new accidents can worsen many orthopedic and neurological injuries.  For another, legal cases in most states acknowledge that an at-fault driver may be held accountable for exacerbating an older injury, and that such injuries are compensable.

However, the challenge lies in proving an accident worsened an existing injury.  Our firm has succeeded in winning $550,000, $700,000, and $1,056,250 settlements for our clients.  Each of these cases involved serious injuries with multiple surgeries; yet, each client had an old injury that was made worse by the new accident.

$900,000 Settlement
Turning the tables on the insurance industry

As we all well know, the insurance industry is always trying to change the laws to favor the wrongdoers.  Recently in Georgia, a “tort reform” law changed the expert witness rule to prevent expert witnesses from giving testimony in the form of “junk science.”

Our firm used the new expert witness rule against an insurance company who had hired a doctor to give an opinion that ignored the facts of the case.  Ten days before trial, we brought a motion to exclude the insurance company’s doctor from testifying at trial.  Although he had never seen our client, the doctor was prepared to testify that our client’s three surgeries were not medically reasonable or necessary and were unrelated to the tow-truck/pedestrian accident.

In our motion to exclude testimony and opinions of their expert, we told the judge that the new “junk science” law should prevent the doctor from testifying, as he based his opinions solely on his review of the medical records.  The doctor had never seen our client, nor had he preformed a physical or neurological examination.  We argued to the judge that this was just the sort of testimony which the Georgia legislature sought to exclude with the passage of new laws.

Fearful that the insurance company’s doctor’s testimony and opinions would be excluded from evidence at trial as “junk science,” the insurance company agreed to pay $900,000 to settle the case shortly before trial.

Forklift Driver receives $700,000 settlement
Claim not bared by workers’ compensation immunity

Our client, a forklift driver, was seriously injured while loading a tractor-trailer truck.  As he rode a fully loaded forklift into the back of the trailer, the mechanical legs, which were supposed to support the trailer, collapsed.  This was the second time that the trailer legs had collapsed within a 48-hour period.  As a result of the mechanical failure, our client was violently thrown against the side of the trailer, injuring his neck, shoulder, and back.

The forklift driver initially consulted another law firm and was told he did not have a claim because suits against his employer were barred by Workers’ Compensation immunity.  He then came to us.  We carefully investigated the case and discovered that the trailer was improperly maintained by another company.  Although we could not sue the employer, we were able to file suit against the maintenance company, and ultimately received a $700,000 settlement for our client.

If your case has been turned down by another law firm, come to us for a second opinion.  You may turn out to be pleasantly surprised by what we can do for you.

How to Contact Atlanta Injury Attorneys
Stokes & Kopitsky, P.A.