The story of Ms Debra.
This is a case that we received long after Debora was injured on July 31, 2015.
Debora is a lovely woman. She’s a very, very nice person.
She is the mother to several children.
She is only thirty-nine years old.
Sadly she’ll never walk again.
She worked at a Burger King as a manager.
One night she was walking home from work.
As she was walking towards her home, an un-attentive driver ran her over.
As a result of the – being run over, Debora ended up being a paraplegic, she was paralyzed.
She can’t walk – she’ll never walk again.
The defendant who was driving the car was an “excluded driver” on the insurance policy.
This means because of his bad driving history he was not supposed to being operating the car.
The insurance company, under normal circumstances, would not insure him if he caused any damage to any one. He was excluded from the insurance.
Debra did not own a car so there was no Uninsured coverage.
She did not own a vehicle and there was no vehicles in her household with UM insurance.
The only possible insurance available was on the excluded policy under Georgia State Public Policy.
This is a rule that says “if there is no insurance available in a situation where a – an exclude driver injures somebody, if there’s no other insurance available, then the insurance company is liable to pay the minimum Georgia limits of twenty-five thousand dollars, so as not to leave an innocent victim uncompensated.”
Of course the driver still has to be found at fault.
This rule makes the “excluded driver provision” void as it relates to public policy.
This is an example of why you need an experienced lawyer.
We contact the carrier and threatened to sue them. They finally offered the $25,000.00 limits.
Meanwhile Debora had over $395,000.00 in medical bills!
She had been in the Shepherd Spinal Center for a long time because of her spinal cord injury and brain injuries.
We also negotiated with the lien holder on these bills. We obtained a compromise to only $5,000.00 for all of her $395,000.00 bills.
Now she will not be sued for these bills.
We then contacted the Halperin Trust and they agreed to create a Special Needs Trust so that Debra would not lose her medicaid coverage eligibility.
Usually there are fees involved for them setting up those trust, but they – when they heard the situation as we explained it to them, and that they heard that we were taking no attorney fees on the case (we waived all of our $10,000.00 attorney fees and our costs), they agreed to take no fees for setting up the trust.
Now that her trust is set up we deposited $20,000.00 her trust and paid the $5,000.00 lien.
Her special needs trust will at least pay for certain things that her Medicaid and her disability payments won’t pay for.
This money will now help her with a few comforts of life.
Make It A Great Day!!
Service Strength Results