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Over $100 Million

In Verdicts & Settlements

Over $100 Million

In Verdicts & Settlements

Results

We have recovered over $100 million for our clients in the past three years.

Our track record shows insurance companies and corporate defendants that we will not accept less than full justice for our clients. We believe the only way to achieve the best outcome is to prepare every case for trial. Preparing the case for trial is the only way to consistently achieve excellent outcomes in our business.

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“There is not a day that goes by that we are not preparing for trial, or in court.”

—ALAN HAMILTON
$ 29 M
Wrongful Death
Jury Verdict

Eric Hilaro worked at a recycling center in East Atlanta, Georgia. His father and brother worked at the same facility. One of the 19-yr-old’s responsibilities was to drive a front-end loader to push leftover scrap metal along the ground to clear space for the next day’s automobile shredding.

 

The facility had recently decided to begin vehicle recycling to increase their business, but had chosen not to invest in the standard safety equipment that the recycling industry typically uses to handle the task of gasoline removal from vehicles before they are shredded. Instead, they fashioned a homemade device they called a “puncher” to de-fuel old cars before they were shredded. Basically, it was a three foot metal spike they had welded together with a reservoir around it to catch gasoline from the gas tanks. They lifted up the cars with a huge crane, impaled them on the “puncher” and shook them to drain the fuel. It was not a safe and efficient method of removing all the fuel that remained in the vehicles they processed.

 

On the night of the incident, gasoline remaining on the floor from the improper fuel removal procedures was ignited by a spark from the scrap metal being pushed across the floor. Eric never had a chance.

 

Shiver Hamilton’s mission is to seek justice for people like Eric and his families. The firm represented the family of Eric Hilaro in a wrongful death civil suit against the recycling facility’s insurance carrier. The litigation, which lasted several years, was very complex and hard fought. The defendant argued that they were immune from being sued as the young man’s employer. The defendant also asked the jury to place 100% of the blame on another employer who they falsely claimed had violated company policy. After an 8-day trial in 2015, the jury returned a verdict in favor of the young man’s estate. The jury found the defendant company 100% responsible and awarded Eric’s family additional punitive damages to punish the defendant for the careless way it handled gasoline at the facility. The jury judgement was in the amount of $29.25 million. The insurance carrier settled the case confidentially after the jury verdict was reached.

 

The skilled attorneys of Shiver Hamilton strive to put grieving Atlanta, Georgia families, like the Hilaros, on an equal footing with insurance companies or corporate defendants. As a result, Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case.  They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Compensation in a wrongful death case includes both monetary and non-monetary damages. Monetary damages include lost income over the lifetime of the decedent and costs related to the death, such as funeral expenses or medical bills. Intangible things like the pain and suffering felt by the decedent between the accident and his death, as well as by family members after are non-monetary damages. This includes basically the full value of the life that was lost, all the things that make life valuable, all the things Eric and his family will never experience; his companionship with the father and brother who worked with him, the family of his own he will never have the chance to create.

 

Shiver Hamilton used its extensive investigative resources in Eric’s case to gather critical evidence that the defendant had sought to hide from them. Investigators were initially told by management the de-fueling process was safe. They, however, discovered extensive evidence that many employees had expressed fears about workplace safety to their superiors in person and in emails and that these concerns had been ignored. There had been battery fires and sparks in other parts of the facility. People had been concerned and had spoken up, but the company had done nothing.

 

Shiver Hamilton also learned in their investigation that after safety concerns had been raised the recycling company had gone back to the manufacturer of the safe de-fueling system and been quoted around $5000 for installation. It was revealed upon cross-examination at trial that the safety expert they employed to testify had been paid $30,000 to serve as an expert witness. For the same money they paid to hide their negligence, they could have purchased six of the de-fueling machines. The company had valued profits over the safety and well-being of its employees and attempted to hide it from investigators. This directly contributed to the unusually large verdict awarded by the jury in Eric’s case.

 

Shiver Hamilton is proud of the conduct of this case and honored that the young man’s family had the trust in their firm and the courage to see the case through all the way to verdict.

 

$ 20 M
Unsafe Premises
Jury Verdict

Florencio Gomez Mendez left his wife and 3 children in Chiapas, Mexico, to come to Atlanta, Georgia in search of economic opportunity and a better life for them all. He found work and lived in Bradford Ridge Apartments, a Clayton County, Georgia apartment complex. It was an immigrant community, largely pedestrian since many workers didn’t have their own vehicle. Residents would often walk to the grocery store or convenience store to get food and the other things they needed. One night Florencio was walking home from the store and was approached by three men he did not know. They shot him and left him to die. He managed to crawl about 50 yards in search of help. He was found dead on the grounds of the apartment complex.

 

Shiver Hamilton’s mission is to seek justice for people like Florencio who have suffered a wrongful death due to the negligence of others. Bradford Ridge Apartments had a history of negligence. Shiver Hamilton had previously represented the family of a 13-year-old boy who had been shot and killed 18 months prior in the same apartment complex. Shiver Hamilton attorneys had obtained a favorable settlement for his family in that case. They were familiar with the ownership and management of the complex. They knew that numerous crimes had been committed at the apartment complex.

 

Most importantly, their investigation revealed that no meaningful security measures had been implemented to protect residents from predators in the subsequent period. The apartment complex had not installed surveillance cameras. They had not hired off-duty police officers to ensure a safe environment for residents. Shiver Hamilton filed a civil lawsuit alleging unsafe premises due to negligent security. They requested $20 million in damages, $18 million to compensate Florencio’s family for the loss of his life and $2 million for Florencio’s pain and suffering.

 

The attorneys at Shiver Hamilton have a proven track record of winning judgments for their clients who have suffered personal attack or injury due to insufficient security measures. When property owners don’t take the minimum steps to ensure their customers and tenants aren’t hurt by negligent security, the injured or victimized party may be entitled to compensation. To prove that the property owner allowed a negligent security situation to exist, it is necessary to prove that he or she had prior knowledge of the hazardous conditions and did not take reasonable steps to protect customers and tenants from danger. 

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

The men who killed Florencio were never apprehended by the police. The insurance company representing Bradford Ridge, the defendants in the case, denied all responsibility for Florencio’s death. They tried to settle the case before trial, but offered Florencio’s family only $1 million in compensation. Shiver Hamilton has extensive experience in negligent security cases and a solid record of achieving fair settlements for their clients. They were confident they could demonstrate to a jury that Florencio’s murder could have been prevented if adequate security measures had been in place at Bradford Ridge, and that such a low offer was not acceptable. Shiver Hamilton was joined by Darren Summerville and Mecca Anderson of The Summerville Firm.

 

The trial required a great deal of investigative work by Shiver Hamilton. Witnesses, fearing retribution, are often reluctant to testify in cases such as this. They hired private investigators and convinced witnesses to come forward for the good of the community and the Mendez family. Florencio’s widow, Pascuala, was a Tzotzil Indian.  She spoke no English, or much Spanish for that matter, and had never travelled outside of the Chiapas region of Mexico. She went to the regional capital of Tuxtla to be deposed for trial preparation and was eventually brought to the United States to testify at the trial. She did so courageously, even under fierce cross examination by skilled defense attorneys.

 

The trial lasted two weeks. On Sept. 9, 2016, a Clayton County jury returned a $20 million verdict for the widow and children of Florencio Gomez Mendez. The jury apportioned 50% fault to the defendants and 50% to the criminals for a total verdict of $10 million against the defendants. Because the insurance company had denied a prior settlement offer and the verdict was greater than 125% of the plaintiffs’ prior offer, the defendants were also ordered to pay plaintiffs’ attorneys fees.

 

Shiver Hamilton successfully demonstrated to the jury that the poor working people of Bradford Ridge and other Atlanta, Georgia communities have a right to expect better treatment. People should feel safe in their homes and in their communities. Properties owners have responsibilities to the residents they are contractually obligated to serve. Many witnesses testified to the dangerous environment and the harassment they had experienced by the criminal element on the property. There was a clear record of criminality on the premises, no meaningful attempts to make the property safe for residents, and a concerted effort to avoid financial responsibility. The jury verdict returned was the full amount that Shiver Hamilton had requested.

$ 5.4 M
Truck Accidents
Wrongful Death
Jury Verdict

Mack Pitts was killed in a truck accident on a construction project in Atlanta, Georgia. The tragic accident was entirely preventable. Shiver Hamilton’s mission is help the families of people like Mack, who have suffered due to the negligence of others.

 

Mack worked as a spotter on the construction of the international terminal at Hartsfield-Jackson Atlanta International Airport. The project, completed in 2006, added a fifth, longer runway primarily for international flights, and cost $1.28 million. It was a massive undertaking involving multiple stakeholders, including construction general contractors, many dump truck vendors, and the city of Atlanta. The new runway extends over I-285 on the southern side of Atlanta. Hundreds of planes use it to take off and land daily.

 

Mack played a critical role in the day-to-day operations of the project. He worked for a general contractor excavating and grading the ground for the fifth runway. His job involved holding flags and directing the dump trucks bringing in dirt for the new runway. The dump truck vendors were paid by the load. There was often a line of trucks waiting to off-load their dirt. It created a tense situation, with drivers in a hurry to offload and complete as many deliveries as possible.

 

Trucks on large construction sites are not allowed to back up without a spotter’s signal.

On the day in question, one driver with A&G Trucking didn’t want to wait. She ignored this critically important safety regulation, cut in line and ran over and killed Mack even as he was turning and waving to get her attention.

 

The skilled attorneys of Shiver Hamilton strive to put grieving Atlanta, Georgia families, like the Pitts, on an equal footing with insurance companies and corporate defendants in truck accident cases. Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case.  They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton represented the estate of Mack Pitts, including several minor children, in a wrongful death civil suit against A&G Trucking. Even though contractors involved in the project were required to carry $10 million of insurance coverage, A&G Trucking carried only $1 million.

 

The defense argued that Mack had been negligent as well as their driver, which would have greatly reduced the amount of any verdict. Shiver Hamilton’s investigative team, though, was able to clearly demonstrate that this was false. Witnesses at trial testified that multiple drivers in the line honked at A & G’s truck driver, that Mack was wearing the proper safety attire, and was clearly visible. Mack was just doing his job. Sadly, testimony at trial also indicated that she was distracted immediately prior to running over Mack because she was giving an obscene gesture to another truck driver.

 

The trucking company offered a settlement, but the attorneys of Shiver Hamilton were confident they could achieve a significantly better result for Mack’s estate at trial. Despite the prospect of a significant financial settlement, Mack’s family agreed to stay the course and let Shiver Hamilton litigate the case. It went to court. Shiver Hamilton sought recovery from the city of Atlanta as well as the joint venture of contracting companies that had run the project because they had negligently allowed A&G Trucking to work without adequate insurance.

 

The jury returned a wrongful death verdict of $5.47 million for Mack’s estate and children. The money was structured to provide educational funds and assure financial stability into adulthood for all of the children. This verdict sends a powerful message to insurance companies and construction firms to do right by their employees, not to cut corners, and to provide safe working environments. Shiver Hamilton is honored that the family had enough confidence in their firm to turn down settlements and see the case all the way to trial.

 

 

$ 5.2 M
Unsafe Premises
Settlement

Confidential settlement involving the death of a young man at an Atlanta area apartment complex.

$ 4.9 M
Car Accidents
Wrongful Death
Settlement

Shiver Hamilton confidentially settled a wrongful death case in 2014 in south Georgia for just under $5 million. A Florida businessman was driving in Georgia in his personal vehicle when, for reasons that are unknown, he crossed the centerline and struck another vehicle head-on. The crash resulted in the death of a man returning home from work at a factory. He tragically left behind a wife and three young sons.

 

Shiver Hamilton fights to obtain justice for families who have suffered due to the negligence of others throughout metro Atlanta and the entire state of Georgia. The decedent’s family obtained legal representation in south Georgia and sought to settle the case with the insurance company of the man who had been at fault in the crash. Their lawyer was unable to negotiate an acceptable settlement with the insurance company, and wisely recognized that the scope of the case demanded the involvement of a larger firm with the resources and experience to confront the large insurance company in a wrongful death case on an equal footing. It was important to the family of the decedent that the case not be dragged out in a long litigation. Their lawyer reached out and brought Shiver Hamilton onto the case. Within 30 days, the case was settled for $4.95 million. The money for the three minor children was put into a structured settlement so that all of their educational needs would be taken care of and have guaranteed income through their early adulthood to replace what their father could have provided for them.

 

Despite the quick resolution, Shiver Hamilton performed significant investigative work in the case. The driver at fault in the accident carried only $100,000 of liability coverage on his personal vehicle. The company he worked for, however, had $5 million worth of liability coverage, so if Shiver Hamilton’s attorney’s could demonstrate that the driver was on a work-related trip the larger amount would apply. The insurance company’s defense team argued that the businessman had not been working at the time of the accident.

 

The details are confidential, but Shiver Hamilton was able to conclusively demonstrate that his activities were within the course and scope of his work responsibilities for his company when the wreck occurred. The company recognized that they would be found responsible for the driver’s negligence and liable for the larger settlement. They also knew that Shiver Hamilton is one of the most experienced and successful firms that handles wrongful death cases in Georgia. Had the case gone to trial it might have yielded a much larger judgement, but the settlement was absolutely the right thing to do for the family of the man who had lost his life.

 

Wrongful death cases are complex. In the eyes of the law, wrongful death means that it resulted from another’s negligent or intentional act. Preponderance of evidence is the standard used in civil cases to assess culpability. It basically means better and more convincing evidence than the other side in the civil case presents. The plaintiff in a wrongful death lawsuit must show, by a preponderance of the evidence, that the defendant was culpable, or legally responsible, for the death.

 

Damage assessments are also complicated and can vary widely from case to case, sometimes even when circumstances are similar. That’s why it is so important to have a strong legal advocate like Shiver Hamilton, with significant experience and resources, in order to get the largest settlements possible.

 

Compensation in a wrongful death case includes both monetary and non-monetary damages. Monetary damages include lost income over the lifetime of the decedent and costs related to the death, such as funeral expenses or medical bills. Intangible things like the pain and suffering felt by the decedent between the accident and his death, as well as by family members after are non-monetary damages. This includes basically the full value of the life that was lost, all the things that make life valuable, all the things the man who died in this accident and his family will never experience; his companionship with his wife and his children, being able to watch and guide them as they grow up.

 

Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. The skilled attorneys of Shiver Hamilton strive to put grieving families on an equal footing with insurance companies or corporate defendants. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that transcend the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

$ 4.5 M
Unsafe Premises
Wrongful Death
Jury Verdict 2017

Shiver Hamilton, LLC recently obtained a $4.5 million jury verdict for the family of a young man shot and killed at a late night party on the premises of a Columbus Georgia apartment complex.  The complex was owned and managed by McCorlew Realty, Inc., a company that owns and manages roughly 800 units in Muscogee County.  Prior to the shooting, McCorlew Realty was aware that they had a problem unit at this complex and that there was a lot of late night traffic coming and going from the unit.  In response, the company sent the tenant a 60-day notice to vacate.  No one from McCorlew Realty confronted the tenant regarding the late night activity nor did they hire anyone to monitor the property at night.  Three days after sending the notice to vacate three people were shot on the premises.  The police concluded the shooting was related to the problem unit and informed the company of this.  Despite knowledge that the problem unit was now associated with violence on the premises, McCorlew Realty still did not confront the tenant or hire anyone to monitor or attempt to control the premises.  Instead, the company simply called the police and asked them to keep an eye on the premises.  Ten days later two more people were shot at a late night gathering on the premises.  One of the two individuals died, his name was Markeese Hodge.

The shooter claimed he shot Markeese in self-defense and was ultimately acquitted following a criminal trial.  Shiver Hamilton did not accept the shooter’s story and believed that Markeese was an innocent victim whose murder was the result of McCorlew Realty’s failure to act reasonably to attempt to monitor and control its property.  A premises owner or property manager is not responsible for all acts that occur on their property; however, a premises owner or property manager must exercise ordinary care to attempt to keep its premises safe.  This includes taking reasonable steps to attempt to prevent or deter foreseeable crime.

Over two and a half years Shiver Hamilton, thoroughly investigated and litigated the case marshaling the evidence necessary to establish that Markeese’s death was the result of McCorlew Realty’s failure to appropriately monitor and control its premises.  McCorlew Realty continued to deny liability never offering more than $25,000.  The case proceeded to trial in July, 2017.  After a week of evidence the jury took roughly five hours to return a $4.5 million verdict in favor of the Plaintiffs.

When a property owner or manager fails to take appropriate action to attempt to monitor and control its premises the injured party may be entitled to compensation.  Unfortunately, more often than not in these types of case it takes aggressive litigation and a willingness to take a case to verdict to get a property owner or manager to appreciate its liability and to appropriately compensate an injured party or the family of a deceased victim.  The attorneys at Shiver Hamilton have a proven track record of obtaining favorable verdicts and settlements for people who have suffered due to the negligence of property owners and managers.

The verdict achieved by Shiver Hamilton in this case was not only a victory for Markeese’s family, but also a victory for all Georgia citizens as affirmation that property owners and managers will be held responsible when they fail to fulfill their duties to monitor and control their properties.

For media involving this case, click here.

$ 3.7 M
Unsafe Premises
Settlement

Shiver Hamilton negotiated a settlement on behalf of a young man who was shot at a DeKalb County apartment complex. The young man was visiting with friends at the apartment complex when he was approached by a stranger and shot in the leg. Our client ultimately lost his leg below the knee due to the gunshot wound. Shiver Hamilton learned during litigation that a fatal shooting had occurred in the same complex not long before our client was shot and alleged that the complex should have provided security that could have prevented the shooting that resulted in the amputation of our client’s leg.

$ 3.7 M
Car Accidents
Jury Verdict

In November 2015, a Gwinnett County State Court jury awarded $3.7 million to our client. Our client sustained injuries in a wreck that occurred when he was taking his daughter to school. The defendant pulled her vehicle in front of our client’s vehicle and caused a severe impact collision. After receiving chiropractic treatment and epidural injections, our client underwent a spinal surgery. The insurance company’s highest offer before trial was $25,000. Shiver Hamilton was brought into the case by another law firm just prior to trial.

$ 3.7 M
Unsafe Premises
Settlement

Confidential recovery for the victim of sexual assault at a commercial facility.

$ 3.5 M
Car Accidents
Settlement

In August 2012, a drunk driver slammed into our clients’ F-250 on Interstate 85 in Atlanta. The truck driver and the company that owned the truck only carried $500,000 of insurance. Through its investigation, Shiver Hamilton learned the company had significant assets and property. The drunk driver was not on the clock for the company when the wreck occurred and the company denied any responsibility for the wreck. The company was sued on a theory that it negligently entrusted the vehicle to the drunk driver. In Georgia, a plaintiff must prove that the owner had actual knowledge of the driver’s dangerous driving propensities, which the company also denied. After litigating the case for a year and sending subpoenas for documents, Shiver Hamilton found evidence that the company paid six speeding tickets for the driver. After this evidence came to light, the company paid $3,000,000 of its own money to avoid a trial.

$ 3.3 M
Car Accidents
Settlement

A young man was struck by a drunk driver in Cobb County, Georgia. The young man, who was on his way to work at the time of the collision, sustained serious orthopedic injuries, including fractures to both legs and his right arm. Shiver Hamilton immediately launched a thorough and detailed investigation which revealed that the driver who caused the crash had just left a local bar where he had been drinking and watching an NFL football game with friends. Shiver Hamilton filed claims on its client’s behalf against various automobile insurance carriers and filed a dram shop claim against the bar that had over served the drunk driver. After tracking down witnesses and relentlessly pursuing all evidence and insurance coverage, Shiver Hamilton was ultimately able to recover over $3 million for our client. With the cooperation of the client’s family and financial advisors, most of the money was put in a trust to take care of this young man’s financial and medical needs for years to come.

$ 3.2 M
Car Accidents
Jury Verdict

Our client sustained serious neck and back injuries in a motor vehicle collision. He subsequently died of unrelated natural causes just over one year later. The Defendant driver, who was represented by a large national defense firm, claimed our client was at fault for coming into the defendant’s lane of travel. After a trial that lasted three days, the jury awarded total damages of $3,290,000 for the pain and suffering our client endured during the last year of his life.

$ 3.2 M
Unsafe Premises
Jury Verdict

Shiver Hamilton was co-counsel on a case where a Fulton County Jury returned a $3,250,000 jury verdict in a negligent security case. The victim was shot when robbers followed him ten miles across Atlanta into his apartment complex. Defendants denied liability and make no offers prior to trial. A jury apportioned 50% fault to the condominium complex and the security company.

$ 3 M
Wrongful Death
Settlement

Confidential recovery for the death of a young child killed by a collapsing automobile seat in a rear-end collision.

$ 2.9 M
Unsafe Premises
Settlement

Shiver Hamilton represented a young lady who was the victim of a violent sexual assault the day she moved into her apartment complex. As we investigated the case, we located a witness who was the victim of an armed robbery a few days before our client was assaulted. The insurance company initially offered zero and denied the claim altogether. We filed suit on the young lady’s behalf and served numerous subpoenas and deposed multiple witnesses. During this process, Shiver Hamilton learned that the apartment management company had actual notice of the earlier armed robbery, and was notified by several tenants that the robber fit the description of someone living at the complex. The complex was told about the armed robbery the very day our client signed a lease, yet the apartment management company said nothing about the crime. It is an accepted practice in the apartment management industry to notify tenants of crime occurring on the property. We argued that the apartment management company should also have let our client know this before she signed a lease. We also learned that the apartment management company failed to conduct a criminal background check on the perpetrator. Prior to trial, the parties settled the case for $2,950,000.

$ 2.9 M
Unsafe Premises
Settlement

Two young brothers were walking to their apartment when unknown assailants in an SUV pulled up and opened fire. The older brother, who was 20-years-old at the time, was shot in the buttock, with the bullet piercing his femoral artery. Emergency personnel were unable to save him and he died at the scene. The younger brother, who was 18-years-old, was shot in the arm and leg but survived his injuries. The assailants have yet to be identified or apprehended. Some residents in the apartment community believed that the brothers were targeted due to their alleged involvement in a home invasion in the community three days prior to the shooting. Shiver Hamilton was asked to investigate the case by another Atlanta firm. We assembled a team of experts and investigators who were able to determine that the brothers had no involvement in the home invasion. Lawsuits were filed on behalf of the young men against the owners of the apartment complex and the company that managed the property. Shiver Hamilton uncovered documents showing that the management company had repeatedly requested funding for security due to the high incidence of crime in the complex and was successful in locating witnesses who testified they were victims of crime in the complex. Shiver Hamilton was able to settle the claims for $2.9 million.

$ 2.5 M
Unsafe Premises

We represented a young lady who was the victim of a sexual assault by the maintenance man at her apartment complex. She and the maintenance man had a prior relationship and the insurance company and their lawyers refused to admit any responsibility and told us repeatedly our claim had no merit. As we investigated, we subpoenaed documents from the prosecution of the perpetrator and learned that our client’s family had made numerous complaints to management about the maintenance man’s suspicious behavior towards our client. We also subpoenaed documents from the defendant management company’s key management system and learned that the maintenance man was negligently allowed to make copies of our client’s keys. We diligently pursued the case and were proceeding to trial when the insurance company suddenly asked to mediate the case. We resolved the case for $2,500,000 and were able to structure the money in a way that our client will have her medical needs taken care of for life and was able to purchase a modest home with cash.

$ 2.3 M
Truck Accidents
Jury Verdict

Shiver Hamilton represented the driver of vehicle that was rear-ended by the driver of a commercial vehicle. Our client’s treating physicians all attributed his injuries to the wreck, which included a full thickness tear of the right supraspinatus tendon that required surgical repair, disc bulges at L2-3 and L5-S1 and disc herniations at L3-4 and L4-5. Our client also underwent multiple epidural injections and radiofrequency ablations and will likely require a multi-level lumbar fusion surgery in the future. Defendant claimed that the wreck was not the proximate cause of our client’s injuries but a DeKalb County jury disagreed and awarded our client $2,367,187.50.

$ 2.2 M
Car Accidents
Jury Verdict

Our client was rear ended in July 2012 in Stone Mountain Park by a Chevy pickup. Our client refused treatment at the scene, but the next day went to the chiropractor for shoulder and lower back pain. He was diagnosed with a rotator cuff tear for which he had arthroscopic surgery. He also experienced continuing lumbar spine related pain. MRI and other test results were inconclusive, and as a result he was not deemed a surgical candidate. Instead of surgery, he went into pain management, including radio frequency ablation therapy. Past medical expenses were $265,000. The corporate defendant argued that the wreck was our client’s fault based on our client stopping unexpectedly in the roadway. The Dekalb County jury found defendant 100% at fault and awarded $2.25 Million, between 9 and 10 times the past medical expenses, and nearly 5 times the top pre-trial settlement offer.

$ 2 M
Car Accidents
Settlement

Shiver Hamilton recovered $2,025,000 for the widow of a car wreck victim. Before Shiver Hamilton became involved, the widow would only have collected $50,000. Because the insurance company rejected the widow’s initial offer to settle, it was liable for damages in excess of the at-fault driver’s policy limits. Just prior to trial, the insurance company offered 80 times its policy limits to the widow.

$ 2 M
Wrongful Death
Settlement

Confidential recovery for the wrongful death of 80-year-old female at an assisted living facility.

$ 2 M
Car Accidents
Settlement

Our client was about to go for a morning run when a car hit her causing serious orthopedic injuries. Initially, the insurance company for the driver completely denied their driver was at fault, placing all blame on our client, the pedestrian. Shiver Hamilton hired several accident reconstruction experts who discovered the driver failed to yield. We performed two scene reconstructions, one at night, to replicate the exact conditions at the time of the wreck, Two weeks before the case was set for jury trial, the insurance companies increased their offers.

$ 1.9 M
Serious Injuries
Jury Verdict

Shiver Hamilton secured a $1,975,000 verdict in Fulton County (Georgia) State Court. Our client was at a wholesale club (Restaurant Depot) shopping for restaurant supplies when he was struck by a forklift. Though he declined medical treatment at the scene, he went to the emergency room several hours later complaining of numbness in his arm. He had a neck (cervical spine) injury that ultimately required a one-level cervical fusion surgery. The defense had two eyewitnesses who claimed that the forklift never hit the plaintiff at all, but instead merely impacted his shopping cart. The verdict for our client was nearly ten times the highest pre-trial offer to settle.

$ 1.9 M
Car Accidents
Jury Verdict

Shiver Hamilton obtained a jury verdict on behalf of a man who was rear-ended on his way to work. The lawsuit was filed and went to trial in Henry County, Georgia. Shiver Hamilton’s client, who was 50-years-old at the time of the collision and worked as a carpenter, had a variety of prior injuries and complaints of back pain. The driver who caused the crash was insured by one the nation’s largest insurance companies. Prior to trial, the insurance company was given an opportunity to settle the claim for policy limits, which were less than half of our client’s projected medical and surgical costs, and insisted that his injuries were not related to the collision. The insurance company ultimately never changed its evaluation of the case and offered $26,000. After a two-day trial, the jury awarded $1,400,000, an amount forty times larger than the insurance company’s highest offer. Because the insurance company had rejected an “Offer of Judgment” prior to trial, attorney fees and expenses in the amount of $565,000 were added to the verdict amount. Despite the fact defendant only had $100,000 of insurance coverage, the insurance company was responsible for the entire judgment amount due to its failure to timely settle the claim. In Georgia, an insurance company can be held responsible for an amount in excess of its policy limits when it refuses to appropriately and timely settle claims. These cases are referred to as “bad faith” and Shiver Hamilton is frequently called upon to handle these types of claims.

$ 1.7 M
Unsafe Premises
Jury Verdict

Our client fell in a puddle of water that had accumulated on outdoor stairs at a Hampton Inn in Bulloch County, Georgia. Our client’s injuries caused him to incur $35,000 in medical expenses. The defense denied any negligence and forced a trial. After a three-day trial, the jury awarded $1,528,925 in damages for medical expenses and pain and suffering and $250,000 in punitive damages.

$ 1.75 M
Truck Accidents
Settlement

Shiver Hamilton successfully represented an Atlanta, Ga., man who was badly injured in a truck accident and achieved a $1.75 million confidential settlement to cover his pain and suffering. The truck was owner by a prominent national corporation. The driver rear-ended the car driven by Shiver Hamilton’s client. The injured man had a badly damaged disc in his back which required a difficult and expensive surgery. He ran up $170,000 in medical bills and struggled with acute pain that he may never fully recover from. Shiver Hamilton works tirelessly to achieve fair financial outcomes for people like this man, who have suffered due to the negligence of others.

 

The lawyers of Shiver Hamilton have extensive truck accident and commercial vehicle accident experience in Atlanta, Georgia. Tractor trailers can be extremely dangerous and cause countless injuries and deaths on our roads every year. These vehicles are more difficult to maneuver than cars and can weigh upward of 80,000 pounds, inflicting horrible damage and injury when they are driven carelessly.

 

Truck accident cases can be extremely complex. They are very different from auto-accident injury cases.  Tractor-trailer trucks, motor carriers, and their drivers are subject to a wide range of government rules and regulations. Proper investigation routinely involves consulting with regulatory experts and engineers or law enforcement professionals who specialize in forensic investigation and reconstruction of crashes.

 

It is critically important that any lawyer handling a tractor-trailer case know the technical regulations and have extensive experience in these cases. But that is not enough. The trucking accident attorney must also treat the case with urgency; taking immediate steps to preserve evidence, interview witnesses, and document the accident scene.

 

Shiver Hamilton has the skills and dedication to obtain fair outcomes for clients. They have won many major victories for clients by obtaining evidence of wrongdoing by trucking companies and drivers that many lawyers might have missed altogether.

 

Shiver Hamilton often represents Atlanta, Georgia clients who lack the financial means to weather the storm when accidents like this happen. Their client was a manual laborer, paid by the hour. Many working class people like him live paycheck to paycheck. If you can’t work, the money literally stops flowing immediately. Bills pile up and options quickly dwindle. They are forced to rely on help from friends or family to get by. You can’t successfully negotiate with powerful insurance companies when you’re desperate.

 

Insurance companies have a single objective. That want to pay out as little as possible to injured people who have submitted a claim, and they will use every tool at their disposal. They know that time is on their side in many cases like this. If they can delay the case long enough, many people will be forced to accept settlement offers that are significantly lower than they could have been.

 

In this case, the injured party was initially represented by an attorney who lacked the resources to bring necessary pressure to bear on a powerful national corporation to achieve successful results. Shiver Hamilton has extensive truck accident experience and a team of skilled attorneys who can learn all the relevant facts and prepare them to be maximally effective for their clients in court. Shiver Hamilton also has the reputation as a fierce advocate that can bring defendants like big insurance companies to the settlement table. Before Shiver Hamilton was brought in, the corporation had made no realistic offers to settle the case.

 

Shiver Hamilton prepares all cases to go to jury. That’s the only way you can level the playing field with powerful defendants, and that’s what they did in this case. The lawyers of Shiver Hamilton investigated. They took depositions from everyone involved, seeking to establish negligence by the truck driver and the company that employed him. They also deposed their client’s doctor to clearly establish the severity of the injuries and the fact that they were a direct result of the truck accident.

 

When defense counsel was presented with the evidence of negligence compiled by Shiver Hamilton, they made the $1.75 million settlement offer that Shiver Hamilton’s client accepted.

 

Shiver Hamilton recognizes the needs of clients in cases like this trucking accident. They often need a swift resolution precisely because of the financial distress often caused by unforeseen accidents. The young man in this case placed his trust in Shiver Hamilton to achieve a fair verdict in a timely manner. Less than a year passed from the time Shiver Hamilton took the case until it was settled, an extremely quick timeline for such a significant settlement.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

$ 1.6 M
Unsafe Premises
Settlement

We represented the widower of a young lady shot and killed an apartment complex in Southwest Atlanta. A friend who was visiting was approached by several armed robbers outside of her door. She heard the commotion and opened her door to investigate. The robbers immediately turn their gun upon her and started firing shooting her several times in the abdomen. Tragically, she died in front of her widower and six-year-old daughter. The insurance company initially denied the claim saying that this was a targeted attack and that our clients were conducting illegal activity in their apartment. The insurance company also claimed that it had on duty security at the complex and that nothing could have been done to deter this particular crime. We filed suit and learned that the security guard company was not on duty the day of the shooting. We insisted on complete production of documents from the defendants and sent a subpoena to the security guard company that was not a defendant in the case. We obtained emails from the security guard company to the defendant management company showing that the management company quit paying the security guard company a few days before the shooting. We also obtained the bank statements from the management company and was able to prove that the management company wrote itself a large check instead of paying the security company. We settled this case for $1,650,000 and put the money in a structure settlement so that the minor child’s money will be put to good use, paying for college and monthly payments for the rest of her life.

$ 1.5 M
Unsafe Premises
Jury Verdict

Plaintiff was injured by falling merchandise while shopping at Home Depot. Home Depot denied that the Plaintiff was seriously injured. Plaintiff suffered a cervical disk injury and required surgery. After a trial that lasted almost two days, a Cobb County jury awarded Plaintiff and his wife $1,500,000.

$ 1.4 M
Truck Accidents
Settlement

Confidential recovery for the family of a man killed by a commercial vehicle while riding a bike. The defendant claimed the decedent was to blame. We uncovered documents that showed the truck’s safety equipment was out of service on the date of the wreck. Even though Defendants initially offered no money and said a trial was necessary, they quickly settled once the documents were discovered.

$ 1.4 M
Serious Injuries
Settlement

Confidential recovery from a local bar and its insurer after the bar over-served an intoxicated customer who drove away and caused a serious motor vehicle crash.

$ 1.4 M
Serious Injuries
Settlement

Confidential recovery for a young woman injured by a defective air bag.

$ 1.4 M
Unsafe Premises
Settlement

Two men were shot at an Atlanta area apartment complex by an unknown assailant. One was killed and one received minor injuries. Plaintiffs filed suit against the apartment complex alleging that it did not have enough security measures in place to prevent the shooting.

$ 1.2 M
Unsafe Premises
Settlement

Confidential settlement of negligent security case at a rental car facility. Victim worked at a rental car facility and was assaulted as she cleaned a car that was turned in. Insurance company denied all settlement offers aggressively disputed this case. On the eve of trial, the insurance company increased its offer four times the last offer.

$ 1.2 M
Truck Accidents
Settlement

Our client collided with a tractor-trailer that negligently pulled out in front of him without warning. He suffered multiple broken bones, including a broken wrist and broken femur. The insurance company claimed our client should have seen the truck and was driving too fast. The insurance company ultimately was forced to settle for 4 times the initial offer.

$ 1.2 M
Truck Accidents
Jury Verdict

Our client was killed when a Comcast Cable driver ran a stop sign in Augusta, Georgia and struck his vehicle. Initially, the Defendants denied that they were responsible and even denied that the driver was their employee. We found several former employees who testified that the driver was on the clock when the wreck occurred. The jury awarded our client’s children $1.2 million for the death of their 79-year-old father.

$ 1.1 M
Motorcycle Accidents
Truck Accidents
Settlement

Our 19-year-old client was riding a motorcycle to work in Gwinnett County before sunrise and a tractor-trailer pulled out in front of him on Buford Highway. He was unable to stop and collided with the trailer, suffering a brain injury as well as arm fractures. He was riding a racing style motorcycle and the trucking company hired an expert witness who claimed our client was speeding. The trucking company also claimed there was evidence of alcohol use. Though the trucking company initially denied all responsibility, we were able to force a settlement for all available insurance.

$ 1.1 M
Truck Accidents
Settlement

Our client was injured when a tractor-trailer negligently collided with her vehicle at low speed while attempting to make a left turn. The truck driver denied fault, claiming our client collided with his vehicle. Once in litigation the defense claimed our client was not injured and contended her back problems were due to her age and not the minor wreck. After nearly two years of litigation and on the verge of trial we were ultimately able to obtain a policy limits settlement for our client.

$ 1 M
Truck Accidents
Settlement

Our client was a young girl who suffered pelvic fractures when a truck ran a red light and crashed into her vehicle in Thomas County, Georgia. We were able to combine her parent’s UM (uninsured/underinsured motorist) coverage with the trucking company’s insurance to maximize her recovery.

$ 1 M
Serious Injuries
Settlement

Plaintiff was injured when she was thrown off the back of a jet ski. The owner and driver of the jet ski contributed to a pretrial settlement in the amount of $1,000,000.

$ 1 M
Unsafe Premises
Settlement

An insurance company paid policy limits to our client, a young man shot at an apartment complex in West Atlanta.

$ 1 M
Truck Accidents
Settlement

Our client was killed by a speeding log truck that overturned and jackknifed on a two-lane road in Dawson County, Georgia. The insurance company paid full policy limits to our clients’ children.

$ 1 M
Car Accidents
Settlement

A 60-year-old gentleman was struck from behind while sitting still at a light in his pickup truck. Despite having pre-existing problems with his neck and a minor impact wreck without much vehicle damage, we were able to force a substantial settlement in federal court by preparing this case for jury trial.

$ 975 K
Motorcycle Accidents
Settlement

This tragic case involved a young man rear-ended on his motorcycle by a drunk driver. The drunk driver had just left a house party where alcohol was being supplied by the homeowner/host. The drunk driver pled the Fifth Amendment and therefore would not cooperate to even tell us where he had been on the evening in question. Through diligent investigation and talking to numerous witnesses, we were ultimately able to locate and preserve evidence of the party host’s legal responsibility for this accident.

$ 950 K
Truck Accidents
Settlement

Our client was rear-ended by a tractor bob-catting (driving without a trailer). Plaintiff suffered a ruptured disc that required surgery. The insurance company refused to settle for the full amount and claimed a lawsuit was necessary. During the lawsuit, we proved the trucking company forged documents to make it appear the driver was qualified. Once the insurance company realized what we could prove with the forged documents, it increased its offer by several hundred thousand dollars to settle just before trial.

$ 850 K
Car Accidents
Settlement

Shiver Hamilton recently settled a case for $850,000 for a client who was rear ended by another motorist, and needed a neck surgery due to the impact. Before Shiver Hamilton became involved, the insurance company claimed he had prior neck problems and initially offered him $5,000. Once involved, Shiver Hamilton immediately began gathering medical evidence, let the defendants depose our client and prepared for trial. After mediation we resolved the case for $850,000. Our client lost his job because he could no longer climb under ATMs to repair them. Determined to be a productive member of society, our client applied for jobs well below his ability level because he was so intent on working.

$ 850 K
Car Accidents
Settlement

In 2014, Shiver Hamilton secured an $850,000 settlement for a young man who was injured when he was rear-ended by a small car. A previously healthy young man, our client had two surgeries as a result of his injuries. The insurance company initially offered $5,000 to settle his case, claiming he had prior back problems and was not injured in the wreck. Shiver Hamilton immediately filed suit and was able to secure evidence that the client had no prior problems and the wreck caused the need for surgery.

$ 825 K
Car Accidents
Settlement

Shiver Hamilton resolved a car wreck case against a commercial vehicle for $825,000 before trial. Our client suffered a broken ankle, broken arm, and back and neck injuries when a plumbing van pulled out in front of her. Unable to stop, our client collided with the van. Due to her injuries, our client underwent a surgical procedure for her back. Prior to retaining Shiver Hamilton, the insurance company offered $200,000 to resolve her claims. During litigation, Shiver Hamilton’s attorneys helped the client find a job that could accommodate her injuries.

$ 800 K
Car Accidents
Settlement

Our client was returning home from work when another sedan pulled out in front of him, causing a significant collision. Our client suffered broken bones in his left leg and arm. He sustained $80,000 in medical bills. Doctors believed he would make a full recovery but would have an increased risk of arthritis as he ages. Immediately after filing a lawsuit, the insurance company agreed to participate in mediation and agreed to settle the case for $800,000.

$ 790 K
Motorcycle Accidents
Jury Verdict

Our client was struck by a rent-to-own company van while going through an intersection on his Harley-Davidson motorcycle. He suffered a compound lower leg (tibial plateau) fracture. We filed this case in federal court in Opelika, Alabama. The insurance company believed the local conservative jury would not give significant pain and suffering award. We tried the case in Montgomery, Alabama in December 2012. The paid judgment was $350,000 more than the insurance company’s top pretrial offer.

$ 750 K
Unsafe Premises
Settlement

Our client was held up at gunpoint and shot during a robbery at an apartment complex in Atlanta. He had abdominal surgery and suffered scarring. We claimed that the complex owner and manager knew of other similar shootings and did not do enough to prevent future violent crimes. The apartment complex settled to avoid trial.

$ 750 K
Truck Accidents
Settlement

Our client was rear-ended by a dump truck and suffered neck and back injuries requiring surgery. Before trial, the insurance company greatly increased its offer and settled.

$ 750 K
Car Accidents
Settlement

We obtained a policy limits settlement for a Gwinnett County couple injured by an underaged drunk driver. Plaintiffs were driving home on a two-lane road when an 20-year-old in an SUV crossed the centerline and struck their vehicle head-on. The SUV driver was several times over the legal blood alcohol limit. Our investigation revealed that the driver had been at a house party consuming alcohol with friends. Plaintiffs were able to obtain policy limits from automobile insurance and from the party host’s insurance policy under the Georgia Dram Shop Act.

$ 679 K
Truck Accidents
Jury Verdict

Alan successfully defended a trucking jury verdict on appeal. After all briefs were submitted on the appeal, the insurance company for the Defendants decided to settle the case for more than the full amount of the compensatory damages award.

$ 653 K
Car Accidents
Jury Verdict

We represented a young mother who was involved in a car accident on her way to drop off her children at daycare. While driving on Old Norcross Tucker Road in Gwinnett County, another motorist pulled out of a neighborhood directly into our client’s right of way. The resulting collision caused a femur fracture to our client’s right leg. She had emergency surgery to place an intramedullary nail to stabilize and heal the fracture. The defense denied liability all the way to trial and tried to shift blame to some rose bushes that were obstructing the defendant’s view of oncoming traffic at the intersection. Our client incurred $58,000 in medical expenses. Before our firm was associated as trial counsel, the defense insurance company’s top offer was $125,000. Following mediation, the top offer was still only $165,000. We went to trial in 2013 in Gwinnett County, Georgia. The jury’s verdict, plus attorney fees paid by the defense, was $653,000 – over ten times the medical expenses and several times higher than earlier defense settlement offers.

$ 650 K
Unsafe Premises
Settlement

Confidential recovery for shooting of a resident at an Atlanta apartment complex.

$ 650 K
Truck Accidents
Settlement

Commercial Tour Bus Accident

Our client was injured when a tour bus he was on fishtailed in a rainstorm and ran into the interstate median wall.  Our client received clavicle and scapula (shoulder) fractures.  We litigated the case against the commercial insurance carrier and bus operator.  On the eve of trial, the insurance carrier paid $650,000 to settle, which was more than 6 times the medical expenses and 30% more than what the insurer had months earlier told us was its “best offer, take it or leave it.”

$ 631 K
Car Accidents
Jury Verdict

Our client, a 58-year-old woman, was rear-ended by a hit-and-run driver. Her underinsured motorist (UM) insurance carrier claimed her back injuries were not severe and were a pre-existing condition. We went to trial and a Fulton County jury awarded $631,000. Before the trial, our client turned down settlement offers of $75,000 and $100,000 from her UM carrier.

$ 600 K
Car Accidents
Settlement

Settlement on behalf of a Macon County man that was struck as a pedestrian while walking along the side of a rural road early in the morning before daybreak.

$ 525 K
Car Accidents
Settlement

Our client, a recent honors graduate from college, was killed by a drunk driver leaving a house party near Little 5 Points. We worked to identify the location and to force a substantial settlement from the party host’s homeowners insurance, as well as all available car insurance.

$ 525 K
Unsafe Premises
Jury Verdict

Our client suffered a whiplash type neck injury requiring surgery when descending an escalator at the Peachtree Center MARTA station. MARTA denied liability; denied the escalator was defective; and denied the injury even occurred. A Fulton County jury awarded our clients $525,000.

$ 500 K
Car Accidents
Jury Verdict

Our client was a passenger in a vehicle that was sideswiped at low speeds near Covington, Newton County, Georgia. He suffered a neck and shoulder injury that ultimately required surgery. After a 2-day trial, a Newton County jury awarded $500,000 verdict.

$ 500 K
Car Accidents
Settlement

Our client was driving to work after dropping his children off at school when another vehicle crossed the centerline and hit him head-on. The impact caused him to break his hip, which required surgery to repair. He sustained $70,000 in medical bills. The at fault driver’s insurance agreed to pay its limits in order to avoid trial.

$ 500 K
Unsafe Premises
Settlement

Settlement involving woman assaulted at apartment complex on Buford Highway in DeKalb County Georgia

$ 475 K
Car Accidents
Settlement

Our client was driving to work on Paces Ferry Road in Vinings when a motorist attempting to turn left pulled out into her path. Our client fractured her wrist in the crash and had surgery to implant screws and a plate. While the other driver denied being at fault, the insurance company ultimately decided to settle this case once we had prepared the case for jury trial.

$ 350 K
Car Accidents
Jury Verdict

In May 2012, Shiver Hamilton secured a $350,000 verdict for a client who suffered a broken shoulder when hit by a car as a pedestrian. She incurred $28,000 in medical bills. The insurance company initially offered $35,000 to settle. Before trial it offered $100,000 “and not a penny more.” A Cobb County jury awarded plaintiffs $350,000, ten times the original offer.

$ 350 K
Serious Injuries
Settlement

This tragic case involved minor children who were abused by a South Georgia daycare van driver. The organization who employed the driver failed to properly screen and supervise this driver to keep him from being in a position to hurt innocent children. We uncovered evidence that forced the insurance company to pay its full policy limits to settle.

$ 17 M
Car Accidents
Jury Verdict

In November 2009, Alan Hamilton served as co-counsel in a three-week product liability trial in Clayton County, Georgia. The Plaintiffs’ trial team obtained a $17-plus-million dollar compensatory damages verdict for their clients. The jury also decided to award additional, punitive damages against the defendant product manufacturer, Ford Motor Company. While the jury was out deciding the amount of punitive damages, Ford settled the case for a confidential amount. Plaintiff was involved in a head-on wreck on Christmas Day 2005 and suffered a catastrophic spinal cord injury. Plaintiff alleged and proved at trial that her injuries were caused by her defective rear seat restraint system and lap only seat belt, which failed and allowed her to jackknife over her seat belt during the wreck and strike the front seatback. Defendants were represented by two international corporate defense law firms. The verdict was $12,716,401 to Plaintiff and an additional $5 million to her husband for loss of consortium, for a total of $17,716,401.

$ 1.19 M
Car Accidents
Serious Injuries
Jury Verdict

The attorneys of Shiver Hamilton work tirelessly to achieve fair financial outcomes for people who have suffered due to the negligence of others. The firm successfully represented a hard-working 46-yr-old immigrant from Thailand who suffered a car accident injury in 2016. Penny Bangrukkit, who worked as a server at Malaya, a popular Thai restaurant in the Buckhead neighborhood of Atlanta, was returning from a visit with a friend to exchange homemade food. She was stopped at a red light on Marietta Street in Atlanta, Georgia when her vehicle was struck by a 26-yr-old driver who had been drinking and was taking friends home. He miscalculated his left turn and smashed into Penny’s vehicle, totaling it and severely injuring Penny.

 

Penny suffered severe injuries. Her neck was fractured in two places and she had to spend two days in Grady Hospital in downtown Atlanta. She reported little or no pain to doctors at the time, but later developed symptoms. An MRI detected two herniated discs, which her doctor attributed to the wreck. Her medical team advised to have surgery to repair the herniated discs, but Penny refused. She didn’t want surgery. She felt she could handle the pain and wanted to go back to work.

 

Penny was clearly entitled to compensation. If another motorist breaks a rule of the road or is careless and causes injury in an accident, the person who is injured has a legal claim against the other driver’s insurance company. Shiver Hamilton dedicates whatever resources are necessary to achieve fair financial results for people who have suffered injury through the negligence of others in an Atlanta Georgia car accident.

 

The attorneys of Shiver Hamilton know how to protect the interests of their clients in car accident cases. They act quickly to collect all the information necessary to maximize settlements and jury verdicts. They collect police and accident scene reports and question witnesses. They take photographs of the scene, vehicle damage, and injuries in order to reconstruct the accident scene.  They routinely consult with law enforcement, physicians, rehabilitation planners, and other experts necessary to prepare successful cases for trial.

 

Shiver Hamilton only takes on serious car accident injury cases. They understand how difficult it can be for people like Penny, who have been injured in an auto accident, to secure fair compensation for their losses. The process can be complicated and disorienting for those who have been injured and they may not realize the extent of the damages they are entitled to.

 

There are two classes of damages which may apply in an auto accident injury case. The first are compensatory, or economic, damages that the victim suffers. Medical expenses such as hospitalization, surgery, emergency room visits and assistive devices add up quickly. Many injuries require extensive treatment over long periods of time. Any settlement with an insurance company must account for these long-term expenses. Car accident victims can also seek compensation for lost wages.  Some injuries also diminish the capacity for future earnings.

 

Non-economic damages compensate victims for the ways their quality of life is diminished by their injuries. These include pain and suffering caused by the accident as well as any mental anguish caused. Injuries can be traumatic and difficult to recover from. Punitive damages may be in order as well, in cases where the behavior of the defendant is especially egregious or as a deterrent to discourage a defendant from the same sort of behavior in the future.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton’s team did thorough investigative work to demonstrate the scope of Penny’s injuries and the likely difficulties they would pose for her over the rest of her life. It was clear that the other driver was entirely at fault and that opposing counsel was just trying to help the other driver’s insurance company avoid paying Penny a fair settlement for her injuries.

 

Both the insurance company representing the drunk driver and Shiver Hamilton made offers to settle the case, but no agreement could be reached. The insurance company, based on Penny’s reluctance to have surgery and miss further work, claimed they should not be liable for potential future medical costs that might never occur. They offered $75K, an amount based on Penny’s actual medical bills to that point, not including what they considered speculative future medical treatments. Penny’s injuries were not speculative. Shiver Hamilton refused.

 

Shiver Hamilton, in consultation with their client, also refused a  subsequent offer to settle for $250K. The insurance company made a third offer of $500K, which the attorneys of Shiver Hamilton also counseled Penny to refuse. Shiver Hamilton did, however, counter with an offer to settle the case for $550K, which the insurance company refused. The case went to the jury, which sided with Penny after a two-day trial, and awarded a verdict of $1.19 million as well as punitive damages, which will deter the insurance company from trying to avoid paying injured people like Penny the damages they are entitled to in the future. Penny’s financial future is secure.

$ 1.1 M
Motorcycle Accidents
Truck Accidents
Settlement

Our 19-year-old client was riding a motorcycle to work in Gwinnett County before sunrise and a tractor-trailer pulled out in front of him on Buford Highway. He was unable to stop and collided with the trailer, suffering a brain injury as well as arm fractures. He was riding a racing style motorcycle and the trucking company hired an expert witness who claimed our client was speeding. The trucking company also claimed there was evidence of alcohol use. Though the trucking company initially denied all responsibility, we were able to force a settlement for all available insurance.

$ 975 K
Motorcycle Accidents
Settlement

This tragic case involved a young man rear-ended on his motorcycle by a drunk driver. The drunk driver had just left a house party where alcohol was being supplied by the homeowner/host. The drunk driver pled the Fifth Amendment and therefore would not cooperate to even tell us where he had been on the evening in question. Through diligent investigation and talking to numerous witnesses, we were ultimately able to locate and preserve evidence of the party host’s legal responsibility for this accident.

$ 790 K
Motorcycle Accidents
Jury Verdict

Our client was struck by a rent-to-own company van while going through an intersection on his Harley-Davidson motorcycle. He suffered a compound lower leg (tibial plateau) fracture. We filed this case in federal court in Opelika, Alabama. The insurance company believed the local conservative jury would not give significant pain and suffering award. We tried the case in Montgomery, Alabama in December 2012. The paid judgment was $350,000 more than the insurance company’s top pretrial offer.

$ 4.9 M
Car Accidents
Wrongful Death
Settlement

Shiver Hamilton confidentially settled a wrongful death case in 2014 in south Georgia for just under $5 million. A Florida businessman was driving in Georgia in his personal vehicle when, for reasons that are unknown, he crossed the centerline and struck another vehicle head-on. The crash resulted in the death of a man returning home from work at a factory. He tragically left behind a wife and three young sons.

 

Shiver Hamilton fights to obtain justice for families who have suffered due to the negligence of others throughout metro Atlanta and the entire state of Georgia. The decedent’s family obtained legal representation in south Georgia and sought to settle the case with the insurance company of the man who had been at fault in the crash. Their lawyer was unable to negotiate an acceptable settlement with the insurance company, and wisely recognized that the scope of the case demanded the involvement of a larger firm with the resources and experience to confront the large insurance company in a wrongful death case on an equal footing. It was important to the family of the decedent that the case not be dragged out in a long litigation. Their lawyer reached out and brought Shiver Hamilton onto the case. Within 30 days, the case was settled for $4.95 million. The money for the three minor children was put into a structured settlement so that all of their educational needs would be taken care of and have guaranteed income through their early adulthood to replace what their father could have provided for them.

 

Despite the quick resolution, Shiver Hamilton performed significant investigative work in the case. The driver at fault in the accident carried only $100,000 of liability coverage on his personal vehicle. The company he worked for, however, had $5 million worth of liability coverage, so if Shiver Hamilton’s attorney’s could demonstrate that the driver was on a work-related trip the larger amount would apply. The insurance company’s defense team argued that the businessman had not been working at the time of the accident.

 

The details are confidential, but Shiver Hamilton was able to conclusively demonstrate that his activities were within the course and scope of his work responsibilities for his company when the wreck occurred. The company recognized that they would be found responsible for the driver’s negligence and liable for the larger settlement. They also knew that Shiver Hamilton is one of the most experienced and successful firms that handles wrongful death cases in Georgia. Had the case gone to trial it might have yielded a much larger judgement, but the settlement was absolutely the right thing to do for the family of the man who had lost his life.

 

Wrongful death cases are complex. In the eyes of the law, wrongful death means that it resulted from another’s negligent or intentional act. Preponderance of evidence is the standard used in civil cases to assess culpability. It basically means better and more convincing evidence than the other side in the civil case presents. The plaintiff in a wrongful death lawsuit must show, by a preponderance of the evidence, that the defendant was culpable, or legally responsible, for the death.

 

Damage assessments are also complicated and can vary widely from case to case, sometimes even when circumstances are similar. That’s why it is so important to have a strong legal advocate like Shiver Hamilton, with significant experience and resources, in order to get the largest settlements possible.

 

Compensation in a wrongful death case includes both monetary and non-monetary damages. Monetary damages include lost income over the lifetime of the decedent and costs related to the death, such as funeral expenses or medical bills. Intangible things like the pain and suffering felt by the decedent between the accident and his death, as well as by family members after are non-monetary damages. This includes basically the full value of the life that was lost, all the things that make life valuable, all the things the man who died in this accident and his family will never experience; his companionship with his wife and his children, being able to watch and guide them as they grow up.

 

Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. The skilled attorneys of Shiver Hamilton strive to put grieving families on an equal footing with insurance companies or corporate defendants. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that transcend the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

$ 3.7 M
Car Accidents
Jury Verdict

In November 2015, a Gwinnett County State Court jury awarded $3.7 million to our client. Our client sustained injuries in a wreck that occurred when he was taking his daughter to school. The defendant pulled her vehicle in front of our client’s vehicle and caused a severe impact collision. After receiving chiropractic treatment and epidural injections, our client underwent a spinal surgery. The insurance company’s highest offer before trial was $25,000. Shiver Hamilton was brought into the case by another law firm just prior to trial.

$ 3.5 M
Car Accidents
Settlement

In August 2012, a drunk driver slammed into our clients’ F-250 on Interstate 85 in Atlanta. The truck driver and the company that owned the truck only carried $500,000 of insurance. Through its investigation, Shiver Hamilton learned the company had significant assets and property. The drunk driver was not on the clock for the company when the wreck occurred and the company denied any responsibility for the wreck. The company was sued on a theory that it negligently entrusted the vehicle to the drunk driver. In Georgia, a plaintiff must prove that the owner had actual knowledge of the driver’s dangerous driving propensities, which the company also denied. After litigating the case for a year and sending subpoenas for documents, Shiver Hamilton found evidence that the company paid six speeding tickets for the driver. After this evidence came to light, the company paid $3,000,000 of its own money to avoid a trial.

$ 3.3 M
Car Accidents
Settlement

A young man was struck by a drunk driver in Cobb County, Georgia. The young man, who was on his way to work at the time of the collision, sustained serious orthopedic injuries, including fractures to both legs and his right arm. Shiver Hamilton immediately launched a thorough and detailed investigation which revealed that the driver who caused the crash had just left a local bar where he had been drinking and watching an NFL football game with friends. Shiver Hamilton filed claims on its client’s behalf against various automobile insurance carriers and filed a dram shop claim against the bar that had over served the drunk driver. After tracking down witnesses and relentlessly pursuing all evidence and insurance coverage, Shiver Hamilton was ultimately able to recover over $3 million for our client. With the cooperation of the client’s family and financial advisors, most of the money was put in a trust to take care of this young man’s financial and medical needs for years to come.

$ 3.2 M
Car Accidents
Jury Verdict

Our client sustained serious neck and back injuries in a motor vehicle collision. He subsequently died of unrelated natural causes just over one year later. The Defendant driver, who was represented by a large national defense firm, claimed our client was at fault for coming into the defendant’s lane of travel. After a trial that lasted three days, the jury awarded total damages of $3,290,000 for the pain and suffering our client endured during the last year of his life.

$ 2.2 M
Car Accidents
Jury Verdict

Our client was rear ended in July 2012 in Stone Mountain Park by a Chevy pickup. Our client refused treatment at the scene, but the next day went to the chiropractor for shoulder and lower back pain. He was diagnosed with a rotator cuff tear for which he had arthroscopic surgery. He also experienced continuing lumbar spine related pain. MRI and other test results were inconclusive, and as a result he was not deemed a surgical candidate. Instead of surgery, he went into pain management, including radio frequency ablation therapy. Past medical expenses were $265,000. The corporate defendant argued that the wreck was our client’s fault based on our client stopping unexpectedly in the roadway. The Dekalb County jury found defendant 100% at fault and awarded $2.25 Million, between 9 and 10 times the past medical expenses, and nearly 5 times the top pre-trial settlement offer.

$ 2 M
Car Accidents
Settlement

Shiver Hamilton recovered $2,025,000 for the widow of a car wreck victim. Before Shiver Hamilton became involved, the widow would only have collected $50,000. Because the insurance company rejected the widow’s initial offer to settle, it was liable for damages in excess of the at-fault driver’s policy limits. Just prior to trial, the insurance company offered 80 times its policy limits to the widow.

$ 2 M
Car Accidents
Settlement

Our client was about to go for a morning run when a car hit her causing serious orthopedic injuries. Initially, the insurance company for the driver completely denied their driver was at fault, placing all blame on our client, the pedestrian. Shiver Hamilton hired several accident reconstruction experts who discovered the driver failed to yield. We performed two scene reconstructions, one at night, to replicate the exact conditions at the time of the wreck, Two weeks before the case was set for jury trial, the insurance companies increased their offers.

$ 1.9 M
Car Accidents
Jury Verdict

Shiver Hamilton obtained a jury verdict on behalf of a man who was rear-ended on his way to work. The lawsuit was filed and went to trial in Henry County, Georgia. Shiver Hamilton’s client, who was 50-years-old at the time of the collision and worked as a carpenter, had a variety of prior injuries and complaints of back pain. The driver who caused the crash was insured by one the nation’s largest insurance companies. Prior to trial, the insurance company was given an opportunity to settle the claim for policy limits, which were less than half of our client’s projected medical and surgical costs, and insisted that his injuries were not related to the collision. The insurance company ultimately never changed its evaluation of the case and offered $26,000. After a two-day trial, the jury awarded $1,400,000, an amount forty times larger than the insurance company’s highest offer. Because the insurance company had rejected an “Offer of Judgment” prior to trial, attorney fees and expenses in the amount of $565,000 were added to the verdict amount. Despite the fact defendant only had $100,000 of insurance coverage, the insurance company was responsible for the entire judgment amount due to its failure to timely settle the claim. In Georgia, an insurance company can be held responsible for an amount in excess of its policy limits when it refuses to appropriately and timely settle claims. These cases are referred to as “bad faith” and Shiver Hamilton is frequently called upon to handle these types of claims.

$ 1 M
Car Accidents
Settlement

A 60-year-old gentleman was struck from behind while sitting still at a light in his pickup truck. Despite having pre-existing problems with his neck and a minor impact wreck without much vehicle damage, we were able to force a substantial settlement in federal court by preparing this case for jury trial.

$ 850 K
Car Accidents
Settlement

Shiver Hamilton recently settled a case for $850,000 for a client who was rear ended by another motorist, and needed a neck surgery due to the impact. Before Shiver Hamilton became involved, the insurance company claimed he had prior neck problems and initially offered him $5,000. Once involved, Shiver Hamilton immediately began gathering medical evidence, let the defendants depose our client and prepared for trial. After mediation we resolved the case for $850,000. Our client lost his job because he could no longer climb under ATMs to repair them. Determined to be a productive member of society, our client applied for jobs well below his ability level because he was so intent on working.

$ 850 K
Car Accidents
Settlement

In 2014, Shiver Hamilton secured an $850,000 settlement for a young man who was injured when he was rear-ended by a small car. A previously healthy young man, our client had two surgeries as a result of his injuries. The insurance company initially offered $5,000 to settle his case, claiming he had prior back problems and was not injured in the wreck. Shiver Hamilton immediately filed suit and was able to secure evidence that the client had no prior problems and the wreck caused the need for surgery.

$ 825 K
Car Accidents
Settlement

Shiver Hamilton resolved a car wreck case against a commercial vehicle for $825,000 before trial. Our client suffered a broken ankle, broken arm, and back and neck injuries when a plumbing van pulled out in front of her. Unable to stop, our client collided with the van. Due to her injuries, our client underwent a surgical procedure for her back. Prior to retaining Shiver Hamilton, the insurance company offered $200,000 to resolve her claims. During litigation, Shiver Hamilton’s attorneys helped the client find a job that could accommodate her injuries.

$ 800 K
Car Accidents
Settlement

Our client was returning home from work when another sedan pulled out in front of him, causing a significant collision. Our client suffered broken bones in his left leg and arm. He sustained $80,000 in medical bills. Doctors believed he would make a full recovery but would have an increased risk of arthritis as he ages. Immediately after filing a lawsuit, the insurance company agreed to participate in mediation and agreed to settle the case for $800,000.

$ 750 K
Car Accidents
Settlement

We obtained a policy limits settlement for a Gwinnett County couple injured by an underaged drunk driver. Plaintiffs were driving home on a two-lane road when an 20-year-old in an SUV crossed the centerline and struck their vehicle head-on. The SUV driver was several times over the legal blood alcohol limit. Our investigation revealed that the driver had been at a house party consuming alcohol with friends. Plaintiffs were able to obtain policy limits from automobile insurance and from the party host’s insurance policy under the Georgia Dram Shop Act.

$ 653 K
Car Accidents
Jury Verdict

We represented a young mother who was involved in a car accident on her way to drop off her children at daycare. While driving on Old Norcross Tucker Road in Gwinnett County, another motorist pulled out of a neighborhood directly into our client’s right of way. The resulting collision caused a femur fracture to our client’s right leg. She had emergency surgery to place an intramedullary nail to stabilize and heal the fracture. The defense denied liability all the way to trial and tried to shift blame to some rose bushes that were obstructing the defendant’s view of oncoming traffic at the intersection. Our client incurred $58,000 in medical expenses. Before our firm was associated as trial counsel, the defense insurance company’s top offer was $125,000. Following mediation, the top offer was still only $165,000. We went to trial in 2013 in Gwinnett County, Georgia. The jury’s verdict, plus attorney fees paid by the defense, was $653,000 – over ten times the medical expenses and several times higher than earlier defense settlement offers.

$ 631 K
Car Accidents
Jury Verdict

Our client, a 58-year-old woman, was rear-ended by a hit-and-run driver. Her underinsured motorist (UM) insurance carrier claimed her back injuries were not severe and were a pre-existing condition. We went to trial and a Fulton County jury awarded $631,000. Before the trial, our client turned down settlement offers of $75,000 and $100,000 from her UM carrier.

$ 600 K
Car Accidents
Settlement

Settlement on behalf of a Macon County man that was struck as a pedestrian while walking along the side of a rural road early in the morning before daybreak.

$ 525 K
Car Accidents
Settlement

Our client, a recent honors graduate from college, was killed by a drunk driver leaving a house party near Little 5 Points. We worked to identify the location and to force a substantial settlement from the party host’s homeowners insurance, as well as all available car insurance.

$ 500 K
Car Accidents
Settlement

Our client was driving to work after dropping his children off at school when another vehicle crossed the centerline and hit him head-on. The impact caused him to break his hip, which required surgery to repair. He sustained $70,000 in medical bills. The at fault driver’s insurance agreed to pay its limits in order to avoid trial.

$ 500 K
Car Accidents
Jury Verdict

Our client was a passenger in a vehicle that was sideswiped at low speeds near Covington, Newton County, Georgia. He suffered a neck and shoulder injury that ultimately required surgery. After a 2-day trial, a Newton County jury awarded $500,000 verdict.

$ 475 K
Car Accidents
Settlement

Our client was driving to work on Paces Ferry Road in Vinings when a motorist attempting to turn left pulled out into her path. Our client fractured her wrist in the crash and had surgery to implant screws and a plate. While the other driver denied being at fault, the insurance company ultimately decided to settle this case once we had prepared the case for jury trial.

$ 350 K
Car Accidents
Jury Verdict

In May 2012, Shiver Hamilton secured a $350,000 verdict for a client who suffered a broken shoulder when hit by a car as a pedestrian. She incurred $28,000 in medical bills. The insurance company initially offered $35,000 to settle. Before trial it offered $100,000 “and not a penny more.” A Cobb County jury awarded plaintiffs $350,000, ten times the original offer.

$ 17 M
Car Accidents
Jury Verdict

In November 2009, Alan Hamilton served as co-counsel in a three-week product liability trial in Clayton County, Georgia. The Plaintiffs’ trial team obtained a $17-plus-million dollar compensatory damages verdict for their clients. The jury also decided to award additional, punitive damages against the defendant product manufacturer, Ford Motor Company. While the jury was out deciding the amount of punitive damages, Ford settled the case for a confidential amount. Plaintiff was involved in a head-on wreck on Christmas Day 2005 and suffered a catastrophic spinal cord injury. Plaintiff alleged and proved at trial that her injuries were caused by her defective rear seat restraint system and lap only seat belt, which failed and allowed her to jackknife over her seat belt during the wreck and strike the front seatback. Defendants were represented by two international corporate defense law firms. The verdict was $12,716,401 to Plaintiff and an additional $5 million to her husband for loss of consortium, for a total of $17,716,401.

$ 1.19 M
Car Accidents
Serious Injuries
Jury Verdict

The attorneys of Shiver Hamilton work tirelessly to achieve fair financial outcomes for people who have suffered due to the negligence of others. The firm successfully represented a hard-working 46-yr-old immigrant from Thailand who suffered a car accident injury in 2016. Penny Bangrukkit, who worked as a server at Malaya, a popular Thai restaurant in the Buckhead neighborhood of Atlanta, was returning from a visit with a friend to exchange homemade food. She was stopped at a red light on Marietta Street in Atlanta, Georgia when her vehicle was struck by a 26-yr-old driver who had been drinking and was taking friends home. He miscalculated his left turn and smashed into Penny’s vehicle, totaling it and severely injuring Penny.

 

Penny suffered severe injuries. Her neck was fractured in two places and she had to spend two days in Grady Hospital in downtown Atlanta. She reported little or no pain to doctors at the time, but later developed symptoms. An MRI detected two herniated discs, which her doctor attributed to the wreck. Her medical team advised to have surgery to repair the herniated discs, but Penny refused. She didn’t want surgery. She felt she could handle the pain and wanted to go back to work.

 

Penny was clearly entitled to compensation. If another motorist breaks a rule of the road or is careless and causes injury in an accident, the person who is injured has a legal claim against the other driver’s insurance company. Shiver Hamilton dedicates whatever resources are necessary to achieve fair financial results for people who have suffered injury through the negligence of others in an Atlanta Georgia car accident.

 

The attorneys of Shiver Hamilton know how to protect the interests of their clients in car accident cases. They act quickly to collect all the information necessary to maximize settlements and jury verdicts. They collect police and accident scene reports and question witnesses. They take photographs of the scene, vehicle damage, and injuries in order to reconstruct the accident scene.  They routinely consult with law enforcement, physicians, rehabilitation planners, and other experts necessary to prepare successful cases for trial.

 

Shiver Hamilton only takes on serious car accident injury cases. They understand how difficult it can be for people like Penny, who have been injured in an auto accident, to secure fair compensation for their losses. The process can be complicated and disorienting for those who have been injured and they may not realize the extent of the damages they are entitled to.

 

There are two classes of damages which may apply in an auto accident injury case. The first are compensatory, or economic, damages that the victim suffers. Medical expenses such as hospitalization, surgery, emergency room visits and assistive devices add up quickly. Many injuries require extensive treatment over long periods of time. Any settlement with an insurance company must account for these long-term expenses. Car accident victims can also seek compensation for lost wages.  Some injuries also diminish the capacity for future earnings.

 

Non-economic damages compensate victims for the ways their quality of life is diminished by their injuries. These include pain and suffering caused by the accident as well as any mental anguish caused. Injuries can be traumatic and difficult to recover from. Punitive damages may be in order as well, in cases where the behavior of the defendant is especially egregious or as a deterrent to discourage a defendant from the same sort of behavior in the future.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton’s team did thorough investigative work to demonstrate the scope of Penny’s injuries and the likely difficulties they would pose for her over the rest of her life. It was clear that the other driver was entirely at fault and that opposing counsel was just trying to help the other driver’s insurance company avoid paying Penny a fair settlement for her injuries.

 

Both the insurance company representing the drunk driver and Shiver Hamilton made offers to settle the case, but no agreement could be reached. The insurance company, based on Penny’s reluctance to have surgery and miss further work, claimed they should not be liable for potential future medical costs that might never occur. They offered $75K, an amount based on Penny’s actual medical bills to that point, not including what they considered speculative future medical treatments. Penny’s injuries were not speculative. Shiver Hamilton refused.

 

Shiver Hamilton, in consultation with their client, also refused a  subsequent offer to settle for $250K. The insurance company made a third offer of $500K, which the attorneys of Shiver Hamilton also counseled Penny to refuse. Shiver Hamilton did, however, counter with an offer to settle the case for $550K, which the insurance company refused. The case went to the jury, which sided with Penny after a two-day trial, and awarded a verdict of $1.19 million as well as punitive damages, which will deter the insurance company from trying to avoid paying injured people like Penny the damages they are entitled to in the future. Penny’s financial future is secure.

$ 1.9 M
Serious Injuries
Jury Verdict

Shiver Hamilton secured a $1,975,000 verdict in Fulton County (Georgia) State Court. Our client was at a wholesale club (Restaurant Depot) shopping for restaurant supplies when he was struck by a forklift. Though he declined medical treatment at the scene, he went to the emergency room several hours later complaining of numbness in his arm. He had a neck (cervical spine) injury that ultimately required a one-level cervical fusion surgery. The defense had two eyewitnesses who claimed that the forklift never hit the plaintiff at all, but instead merely impacted his shopping cart. The verdict for our client was nearly ten times the highest pre-trial offer to settle.

$ 1.4 M
Serious Injuries
Settlement

Confidential recovery from a local bar and its insurer after the bar over-served an intoxicated customer who drove away and caused a serious motor vehicle crash.

$ 1.4 M
Serious Injuries
Settlement

Confidential recovery for a young woman injured by a defective air bag.

$ 1 M
Serious Injuries
Settlement

Plaintiff was injured when she was thrown off the back of a jet ski. The owner and driver of the jet ski contributed to a pretrial settlement in the amount of $1,000,000.

$ 350 K
Serious Injuries
Settlement

This tragic case involved minor children who were abused by a South Georgia daycare van driver. The organization who employed the driver failed to properly screen and supervise this driver to keep him from being in a position to hurt innocent children. We uncovered evidence that forced the insurance company to pay its full policy limits to settle.

$ 1.19 M
Car Accidents
Serious Injuries
Jury Verdict

The attorneys of Shiver Hamilton work tirelessly to achieve fair financial outcomes for people who have suffered due to the negligence of others. The firm successfully represented a hard-working 46-yr-old immigrant from Thailand who suffered a car accident injury in 2016. Penny Bangrukkit, who worked as a server at Malaya, a popular Thai restaurant in the Buckhead neighborhood of Atlanta, was returning from a visit with a friend to exchange homemade food. She was stopped at a red light on Marietta Street in Atlanta, Georgia when her vehicle was struck by a 26-yr-old driver who had been drinking and was taking friends home. He miscalculated his left turn and smashed into Penny’s vehicle, totaling it and severely injuring Penny.

 

Penny suffered severe injuries. Her neck was fractured in two places and she had to spend two days in Grady Hospital in downtown Atlanta. She reported little or no pain to doctors at the time, but later developed symptoms. An MRI detected two herniated discs, which her doctor attributed to the wreck. Her medical team advised to have surgery to repair the herniated discs, but Penny refused. She didn’t want surgery. She felt she could handle the pain and wanted to go back to work.

 

Penny was clearly entitled to compensation. If another motorist breaks a rule of the road or is careless and causes injury in an accident, the person who is injured has a legal claim against the other driver’s insurance company. Shiver Hamilton dedicates whatever resources are necessary to achieve fair financial results for people who have suffered injury through the negligence of others in an Atlanta Georgia car accident.

 

The attorneys of Shiver Hamilton know how to protect the interests of their clients in car accident cases. They act quickly to collect all the information necessary to maximize settlements and jury verdicts. They collect police and accident scene reports and question witnesses. They take photographs of the scene, vehicle damage, and injuries in order to reconstruct the accident scene.  They routinely consult with law enforcement, physicians, rehabilitation planners, and other experts necessary to prepare successful cases for trial.

 

Shiver Hamilton only takes on serious car accident injury cases. They understand how difficult it can be for people like Penny, who have been injured in an auto accident, to secure fair compensation for their losses. The process can be complicated and disorienting for those who have been injured and they may not realize the extent of the damages they are entitled to.

 

There are two classes of damages which may apply in an auto accident injury case. The first are compensatory, or economic, damages that the victim suffers. Medical expenses such as hospitalization, surgery, emergency room visits and assistive devices add up quickly. Many injuries require extensive treatment over long periods of time. Any settlement with an insurance company must account for these long-term expenses. Car accident victims can also seek compensation for lost wages.  Some injuries also diminish the capacity for future earnings.

 

Non-economic damages compensate victims for the ways their quality of life is diminished by their injuries. These include pain and suffering caused by the accident as well as any mental anguish caused. Injuries can be traumatic and difficult to recover from. Punitive damages may be in order as well, in cases where the behavior of the defendant is especially egregious or as a deterrent to discourage a defendant from the same sort of behavior in the future.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton’s team did thorough investigative work to demonstrate the scope of Penny’s injuries and the likely difficulties they would pose for her over the rest of her life. It was clear that the other driver was entirely at fault and that opposing counsel was just trying to help the other driver’s insurance company avoid paying Penny a fair settlement for her injuries.

 

Both the insurance company representing the drunk driver and Shiver Hamilton made offers to settle the case, but no agreement could be reached. The insurance company, based on Penny’s reluctance to have surgery and miss further work, claimed they should not be liable for potential future medical costs that might never occur. They offered $75K, an amount based on Penny’s actual medical bills to that point, not including what they considered speculative future medical treatments. Penny’s injuries were not speculative. Shiver Hamilton refused.

 

Shiver Hamilton, in consultation with their client, also refused a  subsequent offer to settle for $250K. The insurance company made a third offer of $500K, which the attorneys of Shiver Hamilton also counseled Penny to refuse. Shiver Hamilton did, however, counter with an offer to settle the case for $550K, which the insurance company refused. The case went to the jury, which sided with Penny after a two-day trial, and awarded a verdict of $1.19 million as well as punitive damages, which will deter the insurance company from trying to avoid paying injured people like Penny the damages they are entitled to in the future. Penny’s financial future is secure.

$ 5.4 M
Truck Accidents
Wrongful Death
Jury Verdict

Mack Pitts was killed in a truck accident on a construction project in Atlanta, Georgia. The tragic accident was entirely preventable. Shiver Hamilton’s mission is help the families of people like Mack, who have suffered due to the negligence of others.

 

Mack worked as a spotter on the construction of the international terminal at Hartsfield-Jackson Atlanta International Airport. The project, completed in 2006, added a fifth, longer runway primarily for international flights, and cost $1.28 million. It was a massive undertaking involving multiple stakeholders, including construction general contractors, many dump truck vendors, and the city of Atlanta. The new runway extends over I-285 on the southern side of Atlanta. Hundreds of planes use it to take off and land daily.

 

Mack played a critical role in the day-to-day operations of the project. He worked for a general contractor excavating and grading the ground for the fifth runway. His job involved holding flags and directing the dump trucks bringing in dirt for the new runway. The dump truck vendors were paid by the load. There was often a line of trucks waiting to off-load their dirt. It created a tense situation, with drivers in a hurry to offload and complete as many deliveries as possible.

 

Trucks on large construction sites are not allowed to back up without a spotter’s signal.

On the day in question, one driver with A&G Trucking didn’t want to wait. She ignored this critically important safety regulation, cut in line and ran over and killed Mack even as he was turning and waving to get her attention.

 

The skilled attorneys of Shiver Hamilton strive to put grieving Atlanta, Georgia families, like the Pitts, on an equal footing with insurance companies and corporate defendants in truck accident cases. Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case.  They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton represented the estate of Mack Pitts, including several minor children, in a wrongful death civil suit against A&G Trucking. Even though contractors involved in the project were required to carry $10 million of insurance coverage, A&G Trucking carried only $1 million.

 

The defense argued that Mack had been negligent as well as their driver, which would have greatly reduced the amount of any verdict. Shiver Hamilton’s investigative team, though, was able to clearly demonstrate that this was false. Witnesses at trial testified that multiple drivers in the line honked at A & G’s truck driver, that Mack was wearing the proper safety attire, and was clearly visible. Mack was just doing his job. Sadly, testimony at trial also indicated that she was distracted immediately prior to running over Mack because she was giving an obscene gesture to another truck driver.

 

The trucking company offered a settlement, but the attorneys of Shiver Hamilton were confident they could achieve a significantly better result for Mack’s estate at trial. Despite the prospect of a significant financial settlement, Mack’s family agreed to stay the course and let Shiver Hamilton litigate the case. It went to court. Shiver Hamilton sought recovery from the city of Atlanta as well as the joint venture of contracting companies that had run the project because they had negligently allowed A&G Trucking to work without adequate insurance.

 

The jury returned a wrongful death verdict of $5.47 million for Mack’s estate and children. The money was structured to provide educational funds and assure financial stability into adulthood for all of the children. This verdict sends a powerful message to insurance companies and construction firms to do right by their employees, not to cut corners, and to provide safe working environments. Shiver Hamilton is honored that the family had enough confidence in their firm to turn down settlements and see the case all the way to trial.

 

 

$ 2.3 M
Truck Accidents
Jury Verdict

Shiver Hamilton represented the driver of vehicle that was rear-ended by the driver of a commercial vehicle. Our client’s treating physicians all attributed his injuries to the wreck, which included a full thickness tear of the right supraspinatus tendon that required surgical repair, disc bulges at L2-3 and L5-S1 and disc herniations at L3-4 and L4-5. Our client also underwent multiple epidural injections and radiofrequency ablations and will likely require a multi-level lumbar fusion surgery in the future. Defendant claimed that the wreck was not the proximate cause of our client’s injuries but a DeKalb County jury disagreed and awarded our client $2,367,187.50.

$ 1.75 M
Truck Accidents
Settlement

Shiver Hamilton successfully represented an Atlanta, Ga., man who was badly injured in a truck accident and achieved a $1.75 million confidential settlement to cover his pain and suffering. The truck was owner by a prominent national corporation. The driver rear-ended the car driven by Shiver Hamilton’s client. The injured man had a badly damaged disc in his back which required a difficult and expensive surgery. He ran up $170,000 in medical bills and struggled with acute pain that he may never fully recover from. Shiver Hamilton works tirelessly to achieve fair financial outcomes for people like this man, who have suffered due to the negligence of others.

 

The lawyers of Shiver Hamilton have extensive truck accident and commercial vehicle accident experience in Atlanta, Georgia. Tractor trailers can be extremely dangerous and cause countless injuries and deaths on our roads every year. These vehicles are more difficult to maneuver than cars and can weigh upward of 80,000 pounds, inflicting horrible damage and injury when they are driven carelessly.

 

Truck accident cases can be extremely complex. They are very different from auto-accident injury cases.  Tractor-trailer trucks, motor carriers, and their drivers are subject to a wide range of government rules and regulations. Proper investigation routinely involves consulting with regulatory experts and engineers or law enforcement professionals who specialize in forensic investigation and reconstruction of crashes.

 

It is critically important that any lawyer handling a tractor-trailer case know the technical regulations and have extensive experience in these cases. But that is not enough. The trucking accident attorney must also treat the case with urgency; taking immediate steps to preserve evidence, interview witnesses, and document the accident scene.

 

Shiver Hamilton has the skills and dedication to obtain fair outcomes for clients. They have won many major victories for clients by obtaining evidence of wrongdoing by trucking companies and drivers that many lawyers might have missed altogether.

 

Shiver Hamilton often represents Atlanta, Georgia clients who lack the financial means to weather the storm when accidents like this happen. Their client was a manual laborer, paid by the hour. Many working class people like him live paycheck to paycheck. If you can’t work, the money literally stops flowing immediately. Bills pile up and options quickly dwindle. They are forced to rely on help from friends or family to get by. You can’t successfully negotiate with powerful insurance companies when you’re desperate.

 

Insurance companies have a single objective. That want to pay out as little as possible to injured people who have submitted a claim, and they will use every tool at their disposal. They know that time is on their side in many cases like this. If they can delay the case long enough, many people will be forced to accept settlement offers that are significantly lower than they could have been.

 

In this case, the injured party was initially represented by an attorney who lacked the resources to bring necessary pressure to bear on a powerful national corporation to achieve successful results. Shiver Hamilton has extensive truck accident experience and a team of skilled attorneys who can learn all the relevant facts and prepare them to be maximally effective for their clients in court. Shiver Hamilton also has the reputation as a fierce advocate that can bring defendants like big insurance companies to the settlement table. Before Shiver Hamilton was brought in, the corporation had made no realistic offers to settle the case.

 

Shiver Hamilton prepares all cases to go to jury. That’s the only way you can level the playing field with powerful defendants, and that’s what they did in this case. The lawyers of Shiver Hamilton investigated. They took depositions from everyone involved, seeking to establish negligence by the truck driver and the company that employed him. They also deposed their client’s doctor to clearly establish the severity of the injuries and the fact that they were a direct result of the truck accident.

 

When defense counsel was presented with the evidence of negligence compiled by Shiver Hamilton, they made the $1.75 million settlement offer that Shiver Hamilton’s client accepted.

 

Shiver Hamilton recognizes the needs of clients in cases like this trucking accident. They often need a swift resolution precisely because of the financial distress often caused by unforeseen accidents. The young man in this case placed his trust in Shiver Hamilton to achieve a fair verdict in a timely manner. Less than a year passed from the time Shiver Hamilton took the case until it was settled, an extremely quick timeline for such a significant settlement.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

$ 1.4 M
Truck Accidents
Settlement

Confidential recovery for the family of a man killed by a commercial vehicle while riding a bike. The defendant claimed the decedent was to blame. We uncovered documents that showed the truck’s safety equipment was out of service on the date of the wreck. Even though Defendants initially offered no money and said a trial was necessary, they quickly settled once the documents were discovered.

$ 1.2 M
Truck Accidents
Jury Verdict

Our client was killed when a Comcast Cable driver ran a stop sign in Augusta, Georgia and struck his vehicle. Initially, the Defendants denied that they were responsible and even denied that the driver was their employee. We found several former employees who testified that the driver was on the clock when the wreck occurred. The jury awarded our client’s children $1.2 million for the death of their 79-year-old father.

$ 1.2 M
Truck Accidents
Settlement

Our client collided with a tractor-trailer that negligently pulled out in front of him without warning. He suffered multiple broken bones, including a broken wrist and broken femur. The insurance company claimed our client should have seen the truck and was driving too fast. The insurance company ultimately was forced to settle for 4 times the initial offer.

$ 1.1 M
Motorcycle Accidents
Truck Accidents
Settlement

Our 19-year-old client was riding a motorcycle to work in Gwinnett County before sunrise and a tractor-trailer pulled out in front of him on Buford Highway. He was unable to stop and collided with the trailer, suffering a brain injury as well as arm fractures. He was riding a racing style motorcycle and the trucking company hired an expert witness who claimed our client was speeding. The trucking company also claimed there was evidence of alcohol use. Though the trucking company initially denied all responsibility, we were able to force a settlement for all available insurance.

$ 1.1 M
Truck Accidents
Settlement

Our client was injured when a tractor-trailer negligently collided with her vehicle at low speed while attempting to make a left turn. The truck driver denied fault, claiming our client collided with his vehicle. Once in litigation the defense claimed our client was not injured and contended her back problems were due to her age and not the minor wreck. After nearly two years of litigation and on the verge of trial we were ultimately able to obtain a policy limits settlement for our client.

$ 1 M
Truck Accidents
Settlement

Our client was a young girl who suffered pelvic fractures when a truck ran a red light and crashed into her vehicle in Thomas County, Georgia. We were able to combine her parent’s UM (uninsured/underinsured motorist) coverage with the trucking company’s insurance to maximize her recovery.

$ 1 M
Truck Accidents
Settlement

Our client was killed by a speeding log truck that overturned and jackknifed on a two-lane road in Dawson County, Georgia. The insurance company paid full policy limits to our clients’ children.

$ 950 K
Truck Accidents
Settlement

Our client was rear-ended by a tractor bob-catting (driving without a trailer). Plaintiff suffered a ruptured disc that required surgery. The insurance company refused to settle for the full amount and claimed a lawsuit was necessary. During the lawsuit, we proved the trucking company forged documents to make it appear the driver was qualified. Once the insurance company realized what we could prove with the forged documents, it increased its offer by several hundred thousand dollars to settle just before trial.

$ 750 K
Truck Accidents
Settlement

Our client was rear-ended by a dump truck and suffered neck and back injuries requiring surgery. Before trial, the insurance company greatly increased its offer and settled.

$ 679 K
Truck Accidents
Jury Verdict

Alan successfully defended a trucking jury verdict on appeal. After all briefs were submitted on the appeal, the insurance company for the Defendants decided to settle the case for more than the full amount of the compensatory damages award.

$ 650 K
Truck Accidents
Settlement

Commercial Tour Bus Accident

Our client was injured when a tour bus he was on fishtailed in a rainstorm and ran into the interstate median wall.  Our client received clavicle and scapula (shoulder) fractures.  We litigated the case against the commercial insurance carrier and bus operator.  On the eve of trial, the insurance carrier paid $650,000 to settle, which was more than 6 times the medical expenses and 30% more than what the insurer had months earlier told us was its “best offer, take it or leave it.”

$ 20 M
Unsafe Premises
Jury Verdict

Florencio Gomez Mendez left his wife and 3 children in Chiapas, Mexico, to come to Atlanta, Georgia in search of economic opportunity and a better life for them all. He found work and lived in Bradford Ridge Apartments, a Clayton County, Georgia apartment complex. It was an immigrant community, largely pedestrian since many workers didn’t have their own vehicle. Residents would often walk to the grocery store or convenience store to get food and the other things they needed. One night Florencio was walking home from the store and was approached by three men he did not know. They shot him and left him to die. He managed to crawl about 50 yards in search of help. He was found dead on the grounds of the apartment complex.

 

Shiver Hamilton’s mission is to seek justice for people like Florencio who have suffered a wrongful death due to the negligence of others. Bradford Ridge Apartments had a history of negligence. Shiver Hamilton had previously represented the family of a 13-year-old boy who had been shot and killed 18 months prior in the same apartment complex. Shiver Hamilton attorneys had obtained a favorable settlement for his family in that case. They were familiar with the ownership and management of the complex. They knew that numerous crimes had been committed at the apartment complex.

 

Most importantly, their investigation revealed that no meaningful security measures had been implemented to protect residents from predators in the subsequent period. The apartment complex had not installed surveillance cameras. They had not hired off-duty police officers to ensure a safe environment for residents. Shiver Hamilton filed a civil lawsuit alleging unsafe premises due to negligent security. They requested $20 million in damages, $18 million to compensate Florencio’s family for the loss of his life and $2 million for Florencio’s pain and suffering.

 

The attorneys at Shiver Hamilton have a proven track record of winning judgments for their clients who have suffered personal attack or injury due to insufficient security measures. When property owners don’t take the minimum steps to ensure their customers and tenants aren’t hurt by negligent security, the injured or victimized party may be entitled to compensation. To prove that the property owner allowed a negligent security situation to exist, it is necessary to prove that he or she had prior knowledge of the hazardous conditions and did not take reasonable steps to protect customers and tenants from danger. 

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

The men who killed Florencio were never apprehended by the police. The insurance company representing Bradford Ridge, the defendants in the case, denied all responsibility for Florencio’s death. They tried to settle the case before trial, but offered Florencio’s family only $1 million in compensation. Shiver Hamilton has extensive experience in negligent security cases and a solid record of achieving fair settlements for their clients. They were confident they could demonstrate to a jury that Florencio’s murder could have been prevented if adequate security measures had been in place at Bradford Ridge, and that such a low offer was not acceptable. Shiver Hamilton was joined by Darren Summerville and Mecca Anderson of The Summerville Firm.

 

The trial required a great deal of investigative work by Shiver Hamilton. Witnesses, fearing retribution, are often reluctant to testify in cases such as this. They hired private investigators and convinced witnesses to come forward for the good of the community and the Mendez family. Florencio’s widow, Pascuala, was a Tzotzil Indian.  She spoke no English, or much Spanish for that matter, and had never travelled outside of the Chiapas region of Mexico. She went to the regional capital of Tuxtla to be deposed for trial preparation and was eventually brought to the United States to testify at the trial. She did so courageously, even under fierce cross examination by skilled defense attorneys.

 

The trial lasted two weeks. On Sept. 9, 2016, a Clayton County jury returned a $20 million verdict for the widow and children of Florencio Gomez Mendez. The jury apportioned 50% fault to the defendants and 50% to the criminals for a total verdict of $10 million against the defendants. Because the insurance company had denied a prior settlement offer and the verdict was greater than 125% of the plaintiffs’ prior offer, the defendants were also ordered to pay plaintiffs’ attorneys fees.

 

Shiver Hamilton successfully demonstrated to the jury that the poor working people of Bradford Ridge and other Atlanta, Georgia communities have a right to expect better treatment. People should feel safe in their homes and in their communities. Properties owners have responsibilities to the residents they are contractually obligated to serve. Many witnesses testified to the dangerous environment and the harassment they had experienced by the criminal element on the property. There was a clear record of criminality on the premises, no meaningful attempts to make the property safe for residents, and a concerted effort to avoid financial responsibility. The jury verdict returned was the full amount that Shiver Hamilton had requested.

$ 5.2 M
Unsafe Premises
Settlement

Confidential settlement involving the death of a young man at an Atlanta area apartment complex.

$ 4.5 M
Unsafe Premises
Wrongful Death
Jury Verdict 2017

Shiver Hamilton, LLC recently obtained a $4.5 million jury verdict for the family of a young man shot and killed at a late night party on the premises of a Columbus Georgia apartment complex.  The complex was owned and managed by McCorlew Realty, Inc., a company that owns and manages roughly 800 units in Muscogee County.  Prior to the shooting, McCorlew Realty was aware that they had a problem unit at this complex and that there was a lot of late night traffic coming and going from the unit.  In response, the company sent the tenant a 60-day notice to vacate.  No one from McCorlew Realty confronted the tenant regarding the late night activity nor did they hire anyone to monitor the property at night.  Three days after sending the notice to vacate three people were shot on the premises.  The police concluded the shooting was related to the problem unit and informed the company of this.  Despite knowledge that the problem unit was now associated with violence on the premises, McCorlew Realty still did not confront the tenant or hire anyone to monitor or attempt to control the premises.  Instead, the company simply called the police and asked them to keep an eye on the premises.  Ten days later two more people were shot at a late night gathering on the premises.  One of the two individuals died, his name was Markeese Hodge.

The shooter claimed he shot Markeese in self-defense and was ultimately acquitted following a criminal trial.  Shiver Hamilton did not accept the shooter’s story and believed that Markeese was an innocent victim whose murder was the result of McCorlew Realty’s failure to act reasonably to attempt to monitor and control its property.  A premises owner or property manager is not responsible for all acts that occur on their property; however, a premises owner or property manager must exercise ordinary care to attempt to keep its premises safe.  This includes taking reasonable steps to attempt to prevent or deter foreseeable crime.

Over two and a half years Shiver Hamilton, thoroughly investigated and litigated the case marshaling the evidence necessary to establish that Markeese’s death was the result of McCorlew Realty’s failure to appropriately monitor and control its premises.  McCorlew Realty continued to deny liability never offering more than $25,000.  The case proceeded to trial in July, 2017.  After a week of evidence the jury took roughly five hours to return a $4.5 million verdict in favor of the Plaintiffs.

When a property owner or manager fails to take appropriate action to attempt to monitor and control its premises the injured party may be entitled to compensation.  Unfortunately, more often than not in these types of case it takes aggressive litigation and a willingness to take a case to verdict to get a property owner or manager to appreciate its liability and to appropriately compensate an injured party or the family of a deceased victim.  The attorneys at Shiver Hamilton have a proven track record of obtaining favorable verdicts and settlements for people who have suffered due to the negligence of property owners and managers.

The verdict achieved by Shiver Hamilton in this case was not only a victory for Markeese’s family, but also a victory for all Georgia citizens as affirmation that property owners and managers will be held responsible when they fail to fulfill their duties to monitor and control their properties.

For media involving this case, click here.

$ 3.7 M
Unsafe Premises
Settlement

Shiver Hamilton negotiated a settlement on behalf of a young man who was shot at a DeKalb County apartment complex. The young man was visiting with friends at the apartment complex when he was approached by a stranger and shot in the leg. Our client ultimately lost his leg below the knee due to the gunshot wound. Shiver Hamilton learned during litigation that a fatal shooting had occurred in the same complex not long before our client was shot and alleged that the complex should have provided security that could have prevented the shooting that resulted in the amputation of our client’s leg.

$ 3.7 M
Unsafe Premises
Settlement

Confidential recovery for the victim of sexual assault at a commercial facility.

$ 3.2 M
Unsafe Premises
Jury Verdict

Shiver Hamilton was co-counsel on a case where a Fulton County Jury returned a $3,250,000 jury verdict in a negligent security case. The victim was shot when robbers followed him ten miles across Atlanta into his apartment complex. Defendants denied liability and make no offers prior to trial. A jury apportioned 50% fault to the condominium complex and the security company.

$ 2.9 M
Unsafe Premises
Settlement

Shiver Hamilton represented a young lady who was the victim of a violent sexual assault the day she moved into her apartment complex. As we investigated the case, we located a witness who was the victim of an armed robbery a few days before our client was assaulted. The insurance company initially offered zero and denied the claim altogether. We filed suit on the young lady’s behalf and served numerous subpoenas and deposed multiple witnesses. During this process, Shiver Hamilton learned that the apartment management company had actual notice of the earlier armed robbery, and was notified by several tenants that the robber fit the description of someone living at the complex. The complex was told about the armed robbery the very day our client signed a lease, yet the apartment management company said nothing about the crime. It is an accepted practice in the apartment management industry to notify tenants of crime occurring on the property. We argued that the apartment management company should also have let our client know this before she signed a lease. We also learned that the apartment management company failed to conduct a criminal background check on the perpetrator. Prior to trial, the parties settled the case for $2,950,000.

$ 2.9 M
Unsafe Premises
Settlement

Two young brothers were walking to their apartment when unknown assailants in an SUV pulled up and opened fire. The older brother, who was 20-years-old at the time, was shot in the buttock, with the bullet piercing his femoral artery. Emergency personnel were unable to save him and he died at the scene. The younger brother, who was 18-years-old, was shot in the arm and leg but survived his injuries. The assailants have yet to be identified or apprehended. Some residents in the apartment community believed that the brothers were targeted due to their alleged involvement in a home invasion in the community three days prior to the shooting. Shiver Hamilton was asked to investigate the case by another Atlanta firm. We assembled a team of experts and investigators who were able to determine that the brothers had no involvement in the home invasion. Lawsuits were filed on behalf of the young men against the owners of the apartment complex and the company that managed the property. Shiver Hamilton uncovered documents showing that the management company had repeatedly requested funding for security due to the high incidence of crime in the complex and was successful in locating witnesses who testified they were victims of crime in the complex. Shiver Hamilton was able to settle the claims for $2.9 million.

$ 2.5 M
Unsafe Premises

We represented a young lady who was the victim of a sexual assault by the maintenance man at her apartment complex. She and the maintenance man had a prior relationship and the insurance company and their lawyers refused to admit any responsibility and told us repeatedly our claim had no merit. As we investigated, we subpoenaed documents from the prosecution of the perpetrator and learned that our client’s family had made numerous complaints to management about the maintenance man’s suspicious behavior towards our client. We also subpoenaed documents from the defendant management company’s key management system and learned that the maintenance man was negligently allowed to make copies of our client’s keys. We diligently pursued the case and were proceeding to trial when the insurance company suddenly asked to mediate the case. We resolved the case for $2,500,000 and were able to structure the money in a way that our client will have her medical needs taken care of for life and was able to purchase a modest home with cash.

$ 1.7 M
Unsafe Premises
Jury Verdict

Our client fell in a puddle of water that had accumulated on outdoor stairs at a Hampton Inn in Bulloch County, Georgia. Our client’s injuries caused him to incur $35,000 in medical expenses. The defense denied any negligence and forced a trial. After a three-day trial, the jury awarded $1,528,925 in damages for medical expenses and pain and suffering and $250,000 in punitive damages.

$ 1.6 M
Unsafe Premises
Settlement

We represented the widower of a young lady shot and killed an apartment complex in Southwest Atlanta. A friend who was visiting was approached by several armed robbers outside of her door. She heard the commotion and opened her door to investigate. The robbers immediately turn their gun upon her and started firing shooting her several times in the abdomen. Tragically, she died in front of her widower and six-year-old daughter. The insurance company initially denied the claim saying that this was a targeted attack and that our clients were conducting illegal activity in their apartment. The insurance company also claimed that it had on duty security at the complex and that nothing could have been done to deter this particular crime. We filed suit and learned that the security guard company was not on duty the day of the shooting. We insisted on complete production of documents from the defendants and sent a subpoena to the security guard company that was not a defendant in the case. We obtained emails from the security guard company to the defendant management company showing that the management company quit paying the security guard company a few days before the shooting. We also obtained the bank statements from the management company and was able to prove that the management company wrote itself a large check instead of paying the security company. We settled this case for $1,650,000 and put the money in a structure settlement so that the minor child’s money will be put to good use, paying for college and monthly payments for the rest of her life.

$ 1.5 M
Unsafe Premises
Jury Verdict

Plaintiff was injured by falling merchandise while shopping at Home Depot. Home Depot denied that the Plaintiff was seriously injured. Plaintiff suffered a cervical disk injury and required surgery. After a trial that lasted almost two days, a Cobb County jury awarded Plaintiff and his wife $1,500,000.

$ 1.4 M
Unsafe Premises
Settlement

Two men were shot at an Atlanta area apartment complex by an unknown assailant. One was killed and one received minor injuries. Plaintiffs filed suit against the apartment complex alleging that it did not have enough security measures in place to prevent the shooting.

$ 1.2 M
Unsafe Premises
Settlement

Confidential settlement of negligent security case at a rental car facility. Victim worked at a rental car facility and was assaulted as she cleaned a car that was turned in. Insurance company denied all settlement offers aggressively disputed this case. On the eve of trial, the insurance company increased its offer four times the last offer.

$ 1 M
Unsafe Premises
Settlement

An insurance company paid policy limits to our client, a young man shot at an apartment complex in West Atlanta.

$ 750 K
Unsafe Premises
Settlement

Our client was held up at gunpoint and shot during a robbery at an apartment complex in Atlanta. He had abdominal surgery and suffered scarring. We claimed that the complex owner and manager knew of other similar shootings and did not do enough to prevent future violent crimes. The apartment complex settled to avoid trial.

$ 650 K
Unsafe Premises
Settlement

Confidential recovery for shooting of a resident at an Atlanta apartment complex.

$ 525 K
Unsafe Premises
Jury Verdict

Our client suffered a whiplash type neck injury requiring surgery when descending an escalator at the Peachtree Center MARTA station. MARTA denied liability; denied the escalator was defective; and denied the injury even occurred. A Fulton County jury awarded our clients $525,000.

$ 500 K
Unsafe Premises
Settlement

Settlement involving woman assaulted at apartment complex on Buford Highway in DeKalb County Georgia

$ 29 M
Wrongful Death
Jury Verdict

Eric Hilaro worked at a recycling center in East Atlanta, Georgia. His father and brother worked at the same facility. One of the 19-yr-old’s responsibilities was to drive a front-end loader to push leftover scrap metal along the ground to clear space for the next day’s automobile shredding.

 

The facility had recently decided to begin vehicle recycling to increase their business, but had chosen not to invest in the standard safety equipment that the recycling industry typically uses to handle the task of gasoline removal from vehicles before they are shredded. Instead, they fashioned a homemade device they called a “puncher” to de-fuel old cars before they were shredded. Basically, it was a three foot metal spike they had welded together with a reservoir around it to catch gasoline from the gas tanks. They lifted up the cars with a huge crane, impaled them on the “puncher” and shook them to drain the fuel. It was not a safe and efficient method of removing all the fuel that remained in the vehicles they processed.

 

On the night of the incident, gasoline remaining on the floor from the improper fuel removal procedures was ignited by a spark from the scrap metal being pushed across the floor. Eric never had a chance.

 

Shiver Hamilton’s mission is to seek justice for people like Eric and his families. The firm represented the family of Eric Hilaro in a wrongful death civil suit against the recycling facility’s insurance carrier. The litigation, which lasted several years, was very complex and hard fought. The defendant argued that they were immune from being sued as the young man’s employer. The defendant also asked the jury to place 100% of the blame on another employer who they falsely claimed had violated company policy. After an 8-day trial in 2015, the jury returned a verdict in favor of the young man’s estate. The jury found the defendant company 100% responsible and awarded Eric’s family additional punitive damages to punish the defendant for the careless way it handled gasoline at the facility. The jury judgement was in the amount of $29.25 million. The insurance carrier settled the case confidentially after the jury verdict was reached.

 

The skilled attorneys of Shiver Hamilton strive to put grieving Atlanta, Georgia families, like the Hilaros, on an equal footing with insurance companies or corporate defendants. As a result, Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case.  They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Compensation in a wrongful death case includes both monetary and non-monetary damages. Monetary damages include lost income over the lifetime of the decedent and costs related to the death, such as funeral expenses or medical bills. Intangible things like the pain and suffering felt by the decedent between the accident and his death, as well as by family members after are non-monetary damages. This includes basically the full value of the life that was lost, all the things that make life valuable, all the things Eric and his family will never experience; his companionship with the father and brother who worked with him, the family of his own he will never have the chance to create.

 

Shiver Hamilton used its extensive investigative resources in Eric’s case to gather critical evidence that the defendant had sought to hide from them. Investigators were initially told by management the de-fueling process was safe. They, however, discovered extensive evidence that many employees had expressed fears about workplace safety to their superiors in person and in emails and that these concerns had been ignored. There had been battery fires and sparks in other parts of the facility. People had been concerned and had spoken up, but the company had done nothing.

 

Shiver Hamilton also learned in their investigation that after safety concerns had been raised the recycling company had gone back to the manufacturer of the safe de-fueling system and been quoted around $5000 for installation. It was revealed upon cross-examination at trial that the safety expert they employed to testify had been paid $30,000 to serve as an expert witness. For the same money they paid to hide their negligence, they could have purchased six of the de-fueling machines. The company had valued profits over the safety and well-being of its employees and attempted to hide it from investigators. This directly contributed to the unusually large verdict awarded by the jury in Eric’s case.

 

Shiver Hamilton is proud of the conduct of this case and honored that the young man’s family had the trust in their firm and the courage to see the case through all the way to verdict.

 

$ 5.4 M
Truck Accidents
Wrongful Death
Jury Verdict

Mack Pitts was killed in a truck accident on a construction project in Atlanta, Georgia. The tragic accident was entirely preventable. Shiver Hamilton’s mission is help the families of people like Mack, who have suffered due to the negligence of others.

 

Mack worked as a spotter on the construction of the international terminal at Hartsfield-Jackson Atlanta International Airport. The project, completed in 2006, added a fifth, longer runway primarily for international flights, and cost $1.28 million. It was a massive undertaking involving multiple stakeholders, including construction general contractors, many dump truck vendors, and the city of Atlanta. The new runway extends over I-285 on the southern side of Atlanta. Hundreds of planes use it to take off and land daily.

 

Mack played a critical role in the day-to-day operations of the project. He worked for a general contractor excavating and grading the ground for the fifth runway. His job involved holding flags and directing the dump trucks bringing in dirt for the new runway. The dump truck vendors were paid by the load. There was often a line of trucks waiting to off-load their dirt. It created a tense situation, with drivers in a hurry to offload and complete as many deliveries as possible.

 

Trucks on large construction sites are not allowed to back up without a spotter’s signal.

On the day in question, one driver with A&G Trucking didn’t want to wait. She ignored this critically important safety regulation, cut in line and ran over and killed Mack even as he was turning and waving to get her attention.

 

The skilled attorneys of Shiver Hamilton strive to put grieving Atlanta, Georgia families, like the Pitts, on an equal footing with insurance companies and corporate defendants in truck accident cases. Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that go beyond the particulars of their case.  They value the people they represent as deserving of justice and respect.

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

Shiver Hamilton represented the estate of Mack Pitts, including several minor children, in a wrongful death civil suit against A&G Trucking. Even though contractors involved in the project were required to carry $10 million of insurance coverage, A&G Trucking carried only $1 million.

 

The defense argued that Mack had been negligent as well as their driver, which would have greatly reduced the amount of any verdict. Shiver Hamilton’s investigative team, though, was able to clearly demonstrate that this was false. Witnesses at trial testified that multiple drivers in the line honked at A & G’s truck driver, that Mack was wearing the proper safety attire, and was clearly visible. Mack was just doing his job. Sadly, testimony at trial also indicated that she was distracted immediately prior to running over Mack because she was giving an obscene gesture to another truck driver.

 

The trucking company offered a settlement, but the attorneys of Shiver Hamilton were confident they could achieve a significantly better result for Mack’s estate at trial. Despite the prospect of a significant financial settlement, Mack’s family agreed to stay the course and let Shiver Hamilton litigate the case. It went to court. Shiver Hamilton sought recovery from the city of Atlanta as well as the joint venture of contracting companies that had run the project because they had negligently allowed A&G Trucking to work without adequate insurance.

 

The jury returned a wrongful death verdict of $5.47 million for Mack’s estate and children. The money was structured to provide educational funds and assure financial stability into adulthood for all of the children. This verdict sends a powerful message to insurance companies and construction firms to do right by their employees, not to cut corners, and to provide safe working environments. Shiver Hamilton is honored that the family had enough confidence in their firm to turn down settlements and see the case all the way to trial.

 

 

$ 4.9 M
Car Accidents
Wrongful Death
Settlement

Shiver Hamilton confidentially settled a wrongful death case in 2014 in south Georgia for just under $5 million. A Florida businessman was driving in Georgia in his personal vehicle when, for reasons that are unknown, he crossed the centerline and struck another vehicle head-on. The crash resulted in the death of a man returning home from work at a factory. He tragically left behind a wife and three young sons.

 

Shiver Hamilton fights to obtain justice for families who have suffered due to the negligence of others throughout metro Atlanta and the entire state of Georgia. The decedent’s family obtained legal representation in south Georgia and sought to settle the case with the insurance company of the man who had been at fault in the crash. Their lawyer was unable to negotiate an acceptable settlement with the insurance company, and wisely recognized that the scope of the case demanded the involvement of a larger firm with the resources and experience to confront the large insurance company in a wrongful death case on an equal footing. It was important to the family of the decedent that the case not be dragged out in a long litigation. Their lawyer reached out and brought Shiver Hamilton onto the case. Within 30 days, the case was settled for $4.95 million. The money for the three minor children was put into a structured settlement so that all of their educational needs would be taken care of and have guaranteed income through their early adulthood to replace what their father could have provided for them.

 

Despite the quick resolution, Shiver Hamilton performed significant investigative work in the case. The driver at fault in the accident carried only $100,000 of liability coverage on his personal vehicle. The company he worked for, however, had $5 million worth of liability coverage, so if Shiver Hamilton’s attorney’s could demonstrate that the driver was on a work-related trip the larger amount would apply. The insurance company’s defense team argued that the businessman had not been working at the time of the accident.

 

The details are confidential, but Shiver Hamilton was able to conclusively demonstrate that his activities were within the course and scope of his work responsibilities for his company when the wreck occurred. The company recognized that they would be found responsible for the driver’s negligence and liable for the larger settlement. They also knew that Shiver Hamilton is one of the most experienced and successful firms that handles wrongful death cases in Georgia. Had the case gone to trial it might have yielded a much larger judgement, but the settlement was absolutely the right thing to do for the family of the man who had lost his life.

 

Wrongful death cases are complex. In the eyes of the law, wrongful death means that it resulted from another’s negligent or intentional act. Preponderance of evidence is the standard used in civil cases to assess culpability. It basically means better and more convincing evidence than the other side in the civil case presents. The plaintiff in a wrongful death lawsuit must show, by a preponderance of the evidence, that the defendant was culpable, or legally responsible, for the death.

 

Damage assessments are also complicated and can vary widely from case to case, sometimes even when circumstances are similar. That’s why it is so important to have a strong legal advocate like Shiver Hamilton, with significant experience and resources, in order to get the largest settlements possible.

 

Compensation in a wrongful death case includes both monetary and non-monetary damages. Monetary damages include lost income over the lifetime of the decedent and costs related to the death, such as funeral expenses or medical bills. Intangible things like the pain and suffering felt by the decedent between the accident and his death, as well as by family members after are non-monetary damages. This includes basically the full value of the life that was lost, all the things that make life valuable, all the things the man who died in this accident and his family will never experience; his companionship with his wife and his children, being able to watch and guide them as they grow up.

 

Shiver Hamilton has won some of the highest settlements and verdicts for wrongful death cases in the state of Georgia. The skilled attorneys of Shiver Hamilton strive to put grieving families on an equal footing with insurance companies or corporate defendants. Insurance companies representing firms that have had serious workplace accidents or deaths have an adversarial relationship to victim’s families. They immediately and aggressively begin gathering evidence, interviewing witnesses, and seek to build a defense to protect themselves from liability. Shiver Hamilton recognizes that families of people who have died in workplace accidents need a strong advocate through the legal process to protect their rights at precisely the time they are most incapacitated by grief.

 

Shiver Hamilton brings compassion and zeal to every case. They dedicate whatever resources are necessary to make sure clients are treated fairly and that justice is done. They don’t take quick settlements that leave clients’ families unable to recover from the financial and emotional loss of a loved one’s wrongful death. They know there is more at stake than just a legal judgement, that clients often need counsel across a range of problems and issues that transcend the particulars of their case. They value the people they represent as deserving of justice and respect.

 

The lawyers of Shiver Hamilton also prepare all their cases to go to trial, alerting insurance companies and corporate defendants that they won’t settle for anything less than full justice for their clients. Preparing the case for trial is the only way to consistently achieve the best outcomes for clients. Opposing counsel must know that Shiver Hamilton’s clients are represented by skilled and experienced trial lawyers with all the necessary legal resources to win jury judgements.

 

$ 4.5 M
Unsafe Premises
Wrongful Death
Jury Verdict 2017

Shiver Hamilton, LLC recently obtained a $4.5 million jury verdict for the family of a young man shot and killed at a late night party on the premises of a Columbus Georgia apartment complex.  The complex was owned and managed by McCorlew Realty, Inc., a company that owns and manages roughly 800 units in Muscogee County.  Prior to the shooting, McCorlew Realty was aware that they had a problem unit at this complex and that there was a lot of late night traffic coming and going from the unit.  In response, the company sent the tenant a 60-day notice to vacate.  No one from McCorlew Realty confronted the tenant regarding the late night activity nor did they hire anyone to monitor the property at night.  Three days after sending the notice to vacate three people were shot on the premises.  The police concluded the shooting was related to the problem unit and informed the company of this.  Despite knowledge that the problem unit was now associated with violence on the premises, McCorlew Realty still did not confront the tenant or hire anyone to monitor or attempt to control the premises.  Instead, the company simply called the police and asked them to keep an eye on the premises.  Ten days later two more people were shot at a late night gathering on the premises.  One of the two individuals died, his name was Markeese Hodge.

The shooter claimed he shot Markeese in self-defense and was ultimately acquitted following a criminal trial.  Shiver Hamilton did not accept the shooter’s story and believed that Markeese was an innocent victim whose murder was the result of McCorlew Realty’s failure to act reasonably to attempt to monitor and control its property.  A premises owner or property manager is not responsible for all acts that occur on their property; however, a premises owner or property manager must exercise ordinary care to attempt to keep its premises safe.  This includes taking reasonable steps to attempt to prevent or deter foreseeable crime.

Over two and a half years Shiver Hamilton, thoroughly investigated and litigated the case marshaling the evidence necessary to establish that Markeese’s death was the result of McCorlew Realty’s failure to appropriately monitor and control its premises.  McCorlew Realty continued to deny liability never offering more than $25,000.  The case proceeded to trial in July, 2017.  After a week of evidence the jury took roughly five hours to return a $4.5 million verdict in favor of the Plaintiffs.

When a property owner or manager fails to take appropriate action to attempt to monitor and control its premises the injured party may be entitled to compensation.  Unfortunately, more often than not in these types of case it takes aggressive litigation and a willingness to take a case to verdict to get a property owner or manager to appreciate its liability and to appropriately compensate an injured party or the family of a deceased victim.  The attorneys at Shiver Hamilton have a proven track record of obtaining favorable verdicts and settlements for people who have suffered due to the negligence of property owners and managers.

The verdict achieved by Shiver Hamilton in this case was not only a victory for Markeese’s family, but also a victory for all Georgia citizens as affirmation that property owners and managers will be held responsible when they fail to fulfill their duties to monitor and control their properties.

For media involving this case, click here.

$ 3 M
Wrongful Death
Settlement

Confidential recovery for the death of a young child killed by a collapsing automobile seat in a rear-end collision.

$ 2 M
Wrongful Death
Settlement

Confidential recovery for the wrongful death of 80-year-old female at an assisted living facility.

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“There is not a day that goes by that we are not preparing for trial, or in court.”

—ALAN HAMILTON