This Case Went From $0 to $200k—Here’s How We Did It

Carter Jones Case

• I remember the very first call I got from this client like it was yesterday.  This client called me from the hospital and he was in need of desperate help.  I wanted to do everything I possibly could for this client.  However, early on in his case it was looking rather hopeless that I’d be able recovery a dime for him.  But, we got a huge break in his case and ended up settling shortly before trial for $200,000.00 in his  case.  

Let me tell you the story of my client, Cody.  

• Cody was a nice young man.  He grew up in California and moved to Kentucky to work a job.  He had just turned 21 years of age the day before his accident.  He was healthy and in shape.  
• He lived closed to his work.  He was scheduled to work the night shift the day of his accident.  Like he always does, he decided to ride his electric skateboard to work.  
• While on his way to work on his skateboard, Carter was hit by a careless driver.  He was knocked into the air and next thing he remembers he was waking up in the hospital.  
• While in the hospital he called me.  
• I setup a video call with him.  
• Carter had a closed fracture in his spine along with some abrasions and road rash on his body.  
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• Cody was lucky he was not injured worse.  He spent a few days in the hospital recovering and when he was discharged from the hospital instructed to wear a neck brace that was given to him at the hospital.  He attended physical therapy only on a couple occasions.
• Also, on my recommendation, he was checked out to see if he had sustained even a mild traumatic brain injury, but the doctor’s cleared him of any brain injury. 
• Presumably since Cody was still very young, he made a magnificent recovery without the need for any surgery.  If you see him today, you would have never known he’d been in such an accident.  
• After signing Cody up as a client I immediately began working his case.  
• I obtained a copy of the police report.  However, the police report did not list any insurance information for the driver.
• I did some investigating and found out some information that the vehicle the driver was driving had been insured by GEICO.
• My office then filed a claim with GEICO.
• However, GEICO informed us that the vehicle was not in fact insured by GEICO at the time of the accident.  
• So I was back to the drawing board.
• I investigated the matter further and eventually discovered some good news.  
• The other driver was delivering Pizza for one of the big Pizza chains in town.  
• Once I discovered this information I immediately notified the Pizza chain in writing to turn the matter over to their insurer which they did.  
• When the time was right I then sent a written demand package to the insurer demanding that they pay out its policy limits.  
• In response to the demand we were hoping to get an offer to settle Cody’s case.  
• However, the insurer failed to make any offer, instead requesting more documentation.
• When this happens, I like to file a lawsuit as it gave me the impression the insurer was going to dig in and never make a reasonable offer any time soon.
• So after we did not get any offer on the case, I went ahead and filed a lawsuit against the driver and the pizza store.
• The insurer hired a defense lawyer to defend the claims against its insured.  
• The defense lawyer sent over some written discovery questions for Cody to answer.  We assisted Cody in answering those questions and we sent written discovery questions to the defendants to answer as well.
• When we received the written discovery responses back from the Defendants it was obvious the insurer was not just going to roll over and pay a fair amount to Cody.  
• They were disputing liability for the incident, claiming Cody was wearing dark clothing making it hard for the driver to see him since it was dark outside at the time of the accident.  
• The defense attorney also mentioned to me that he didn’t think a jury would award Cody all that much for his damages as he believed people in the county in Kentucky residing over the matter would not award that much to someone riding a skateboard, an activity that is very uncommon in the area.  
• The defense attorney eventually took Cody’s deposition and I was by his side to defend him in the deposition.  
• I also took the deposition of the at-fault driver.  I got him to admit that he was using his cell phone at the time of the accident.  It was clear he was liable for the accident.  The defense attorney was adamant though that a jury might apportion some fault on Cody for the accident for riding a skateboard at night wearing dark clothing making it hard for drivers to see him.
• We eventually mediated the case, but we did not get what we believed to be a reasonable or fair offer at mediation.
• So we pushed the matter forward toward trial.  
• We ended up negotiating back and forth for several months with defense counsel.  We refused to budge and accept their lower offers.  
• We were eventually, however, to get them to be reasonable and settled the case for $200,000.00 shortly before our trial date.  Cody was ecstatic.  
• Insurance companies are notorious for dragging their feet when it comes to personal injury claims. 
• Their goal? To wear you down and save money by offering little to nothing on your case. They know that the longer they delay, the more likely you are to give up on your claim or accept a lowball offer out of frustration or financial need. 
• In fact, some insurance adjusters are trained to play this waiting game. By constantly asking for more documentation, giving vague responses, and making you jump through hoops, they delay the process with the hopes that you’ll give up. 
• This strategy is meant to save them money, but it can leave injury victims without proper compensation for medical bills, lost wages, and other damages.
• The best way to combat this tactic is to litigate your case and push it toward trial. 
• When you file a lawsuit and move forward in the litigation process, you’re putting the insurance company on notice that you’re serious and won’t be taken advantage of. 
• They know that going to trial can expose them to even higher financial risk, and the threat of a courtroom battle often forces them to reconsider their lowball offers. 
• Most insurance companies want to avoid the unpredictability of a jury and the additional legal costs associated with a trial. 
• So, while they might offer you nothing at the beginning of your case, taking the case into litigation is the leverage you may need to level the playing field and potentially get the compensation you deserve.
• Now that you know that the best way to combat the insurance company’s attempts to delay your case by offering you nothing is to pursue your case in litigation, you may wondering what are some things you may have to do to beat some of the worst insurance companies around.
• And if that sounds like you then you should definitely watch this video about to pop up right here where I discuss how to beat the worst of the worst insurance companies in your injury claim.  
• And for more helpful videos like this one you can subscribe to my channel right here.  
• Lastly, if you’ve been injured in Kentucky, remember to Don’t Wait, Call Tate!

Disclaimer:

• This video is not legal advice.  Always speak with a lawyer for your particular situation. 

• While Cody’s story is based on true story, his real name is not being disclosed in order to protect his identity.