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Jury Determines Plaintiff’s Previous Settlement Was Too Much

Posted on Feb 18, 2015 in Results

Following a three (3) day trial in December of 2014, a Gwinnett County jury determined that a plaintiff’s previous settlement with the at-fault party’s insurance company exceeded the amount of the plaintiff’s actual damages.  Thus, Jonathan Adelman’s uninsured motorist insurer client was deemed to have rightfully rejected plaintiff’s policy limits demand.  Following a significant highway accident, the plaintiff underwent lumbar fusion surgery.  The plaintiff and his doctors claimed that as a result of the accident, the plaintiff required the surgery and incurred special damages well in excess of $1,0000,000.  The plaintiff further claimed that he was permanently disabled from working.  Prior to trial, the plaintiff contended that he was entitled to recover the full extent of his uninsured/underinsured policy limits, plus attorney’s fees and bad faith penalties.  The jury’s verdict, however, was that the plaintiff was not entitled to any recovery, not even the amount offered prior to trial, under the insurance policy.