Results

Since 2007, lead trial counsel, Ben Persons has obtained over $24 million in verdicts and settlements for our clients. The following is a list of some of our recent successful verdicts and settlements:

$7,250,000 Settlement - Medical Malpractice - Brain Injury Client suffered anoxic brain injury when his brain was deprived of oxygen during surgery. The client's catastrophic brain injury occurred when the certified registered nurse anesthetist (CRNA) overdosed the patient on morphine, failed to appropriately monitor the patient's vital signs, and failed to report the patient's significant change in condition to the supervising anesthesiologist.

$3,650,000 Settlement - Motorcycle Accident. My client suffered a brachial plexus injury resulting in the complete paralysis of his left arm after his motorcycle collided with another vehicle. The other driver caused the collision by failing to yield while making a left hand turn onto a busy roadway.

$3,250,000 Settlement - Industrial Accident - Wrongful Death. Wrongful death of young man killed on the job, when he was involved in a low impact motor vehicle collision. The owner of the vehicle my client was driving removed the safety belts, which resulted in my client's ejection and death. After a hard fought litigation the case settled three days before trial.

$2,726,000 Verdict - Sexual Battery. (Cobb County State Court, 2007). Client was victim of rape and sexual battery. The case was tried in Cobb State Court and the verdict reflected the significant emotional injury suffered by the client.

$1,245,000 Verdict - Auto Accident. (Cobb County State Court, 2009). Client fractured both femurs and suffered other serious injuries following a rollover auto accident on the interstate.

$175,000 Verdict - Auto Accident. (Henry County State Court, 2015). Client awarded full liability and UM insurance policy limits in a disputed liability wrongful death case. 

$1,000,000 Settlement – Premises Liability - Wrongful Death. (Fulton County, 2009). Wrongful death of a young father at the workplace. Case settled for the full insurance policy limits of the property owner.

Confidential Settlement - Trucking Accident. (Hall County, 2008). Tractor-trailer driver fell asleep at the wheel and crashed into three cars on the interstate. Several people were seriously injured in the collision. "Black box" data downloaded from the vehicle's electronic control module helped prove the driver was asleep.

Confidential Settlement - Medical Malpractice. (DeKalb County State Court, 2009). Following abdominal plastic surgery, the doctor failed to diagnose and treat a post-surgical infection. The abdominal infection progressed to necrotizing fasciitis. Untreated, the necrotizing fasciitis caused extensive tissue destruction. The infection was diagnosed when the client obtained a second opinion and the client required two months of hospitalization and over a dozen surgeries and was left with disfiguring scars.

Confidential Settlement - Medical Malpractice - Wrongful Death. (Rockdale County State Court, 2008). Negligent failure to monitor and treat a bed sore on an elderly patient resulting in death.

Confidential Settlement - Medical Malpractice - Wrongful Death. (Cobb County, 2011). As a result of the hospital's failure to follow fall protocols for high risk patient, the patient suffered a catastrophic head injury and died.

Confidential Settlement - Medical Malpractice. (Fulton County Superior Court, 2011). Retained foreign body sponge case. Nurses failed to account for a sponge during a procedure and left it inside the patient.

Confidential Settlement - Premises Liability - Wrongful Death. (Carroll County State Court, 2009). Wrongful death drowning at a home swimming pool. Insurance company strongly disputed liability. Case settled after all the parties and multiple witnesses were deposed.

$475,000 Settlement - Auto Accident. (Gwinnett County State Court, 2011). Client required a cervical fusion surgery following a nearly head-on hit and run car collision. Defendant driver left the scene of the collision and denied all responsibility for causing the wreck. The insurance company made a low ball settlement offer that would not even cover the medical bills. After we secured critical deposition testimony, won two key motions on admissible evidence, fully worked up the case, and the Judge granted our request for a jury trial, the insurance company made a fair settlement offer to avoid trial.

$375,000 Settlement - Auto Accident. (Cobb County State Court, 2014). Although Defendant failed to yield and made an illegal left hand turn causing a violent collision, the insurance company disputed liability and blamed my client for the wreck. My client required a neck surgery several months after the collision and the insurance company disputed causation. We filed suit, proved our case with expert and lay witnesses, and reached settlement at mediation. 

$375,000 Settlement - Auto Accident. (Forsyth County Superior Court, 2012). The client required surgery to repair a displaced clavicle fracture following high impact collision. The defendant driver caused the collision when he ran a red light while speeding. The defendant driver refused to admit any responsibility for the crash. However, after preparing the case for trial the insurance company agreed to settle the case at mediation.

$350,000 Settlement - Trucking Accident. (Wythe County, VA, 2013). Tractor-trailer improperly changed lanes causing rollover collision of client's vehicle. As a result of the collision, client suffered chronic back pain requiring epidural injections.

$340,000 Settlement – Premises Liability. (Douglas County State Court, 2014). While visiting an event center, the client tripped on the raised edge of a ramp. Our client fractured her right arm, which required a surgery and extensive physical therapy. With the help of our architecture expert, we proved the ramp violated several mandatory building codes and the case settled at mediation.

$265,000 Settlement – Auto Accident. (Cobb County, 2014). The defendant driver crossed the center line and hit our client’s vehicle head on. The client and two of her children were injured and required hospitalization. The case settled with the insurance company without having to file a lawsuit.

$200,000 Settlement - Trucking Accident. Tractor-trailer rear ended client while stopped for traffic on I285. The tractor-trailer had been negligently maintained and the brakes failed during the collision. We worked hard during the litigation to discover strong evidence of negligent maintenance and pursued claims of punitive damages and attorney's fees. Client suffered back and neck injuries in the collision.

$130,000 Settlement – Pedestrian Accident. (Cobb County, 2014). The defendant driver backed into our client while he was loading groceries into his car. The client fractured his leg which required surgery. The case settled for the full liability policy and full uninsured/underinsured insurance policy.

$100,000 Settlement - Auto Accident. (Cobb County, 2013) Client was the passenger in a single car collision and fractured her pelvis. The case settled for the full liability policy limits.

$100,000 Settlement - Auto Accident. (Athens Clarke County, 2012). The client fractured her ankle and her nose in a significant car wreck. Once we settled the case for the full liability policy of the negligent driver we obtained additional settlement funds from our client's underinsured motorist (UM) coverage.

$100,000 Settlement - Auto Accident. (Cobb County, 2012) Client injured shoulder and required surgery. Case settled for the full policy limits of the negligent driver and the full underinsured motorist (UM) policy of my client.

$100,000 Settlement - Auto Accident. (Cobb County, 2010) Pedestrian fractured both legs due to the negligence of an inexperienced driver. Case settled for the full insurance policy limits of the driver.

Confidential Settlement - Premises Liability. (U.S. District Court, Atlanta Division, 2009). A large national bank failed to repair or replace a chair it knew was broken at one of it's Atlanta locations. Our client was injured by the broken chair and as a result had her left index finger amputated.

Confidential Settlement - Premises Liability, Trip & Fall. (Fulton County Superior Court, 2008). Our client tripped and fell on a raised three inch concrete lip in the parking deck of an Atlanta hospital fracturing her ankle. Our architectural expert determined the raised concrete lip and the lighting violated the mandatory building and safety codes. The hospital initially denied any liability, but ultimately settled for a confidential sum after we prepared our case for trial.

Confidential Settlement – Premises Liability, Slip & Fall. (Cobb County State Court, 2010). Client slipped on water at a national supermarket chain suffering an acute compression fracture of her spine in the middle of her back. During the litigation we learned the entire incident was recorded by video surveillance and the case settled for a confidential sum after we confirmed the important video evidence of the incident was lost or destroyed by risk management.

$90,000 Settlement - Premises Liability, Hazardous Condition (Fulton County Superior Court, 2011) The client, while cleaning the ventilation hoods above the fryers and griddles, suffered burn injuries caused by a hazardous condition on a restaurant's property. The insurance company denied liability and forced us to file suit. After we worked up the case, the insurance company asked for mediation and the case settled.

$88,000 Settlement - Auto Accident. (Bartow County, 2010) Client aggravated pre-existing back injury in a wreck caused by a careless driver. Client had been symptom free for four years until violent collision with negligent driver.

$80,000 Settlement - Premises Liability, Slip & Fall. (Clayton County State Court, 2010) Client slipped in the bathroom of a national fast food chain and injured back. Store employee mopped the bathroom and did not put out a wet floor sign to warn customers of the hazard. Case settled prior to trial.

$75,000 Settlement - Auto Accident (Fulton State Court, 2013). Client suffered back injury requiring extensive chiropractic treatment following collision with a large power company truck.

$75,000 Settlement - Auto Accident (Cobb County, 2013). Client fractured both wrists in a near head-on collision. Case settled for the full liability and UM insurance policy limits.

$65,000 Settlement - Premises Liability, Slip & Fall. (Cobb County, 2011) Client fractured her ankle when slipped on black ice in the parking lot of a commercial shopping center. The property owner used salt to remove ice from the front of the shopping center, but failed to remove the ice in the side parking lot.

$61,000 Settlement - Auto Accident. (DeKalb County State Court, 2009). Chest pain and low back sprain due to head on collision. Complicated collision involving eight vehicles. All insurance companies completely denied liability. During litigation two of the drivers admitted fault under cross-examination and case settled with all three Defendants' insurance companies.

$60,000 Settlement - Auto Accident. (Fulton County State Court, 2009). Fractured sternum caused by negligent driver at intersection. Insurance company initially denied liability and ultimately paid after proving our case in litigation.

$55,000 Settlement - Auto Accident. (Cobb County, 2013) Client suffered a back injury in a rear-end collision. The case settled for the full liability policy limits with additional recovery from the client's underinsured motorist policy.

$50,000 Settlement - Auto Accident. (Cherokee County State Court, 2013). Client suffered back requiring chiropractic treatment as a result of a collision caused by a drunk driver.

$50,000 Settlement - Auto Accident. (Cherokee County State Court, 2013). Client suffered back requiring chiropractic treatment as a result of a collision caused by a drunk driver.

$50,000 Settlement - Dog Bite. (Cobb County, 2010). Clients' three year old boy was bitten on the head and face by an unleashed dog in a Cobb County park and required emergency treatment. The dog's owner was cited for violation of Cobb County's leash laws. Settlement proceeds used to create college fund for the child.

$50,000 Settlement - Premises Liability. (Cobb County State Court, 2010). Client injured his back in a fall at an apartment complex as a result of a third floor balcony collapsing. Our architectural expert determined the balcony that collapsed violated multiple building codes and that routine apartment inspections would have discovered the wooden balcony floor was rotten.

$50,000 Settlement - Auto Accident (Cobb County State Court, 2012) Client injured her back when a careless driver ran a stop sign causing a collision. The case settled for the full value of the client uninsured motorist insurance policy.

$47,500 Settlement - Auto Accident. (Gwinnett County State Court, 2009). Back injury as a result of Defendant running a red light and colliding with client's truck. Insurance company denied liability until our expert accident reconstruction engineer proved Defendant's version of events was impossible.

$32,000 Settlement - Auto Accident. (Paulding County, 2013) Client fractured her wrist in a collision with a truck pulling a trailer. The case settled for the full liability policy limits with additional recovery from the client's underinsured motorist policy.

$25,000 Settlement - Dog Bite (DeKalb County State Court, 2011). Client was attacked by two pit bulls while walking in a park and suffered bite wounds to his ear, stomach, and finger. The owner of one of the dogs was cited for violation of DeKalb County's leash law. After suit was filed, the dog owner's homeowner's insurance agreed to a settlement at mediation.

$25,000 Settlement - Auto Accident. (Cobb County, 2011). Client injured her neck and aggravated a pre-existing knee injury in a rear-end collision on the interstate. Case settled for the full insurance policy limits of the negligent driver.

$25,000 Settlement - Auto Accident. (Coweta County, 2011). Client aggravated a pre-existing knee injury in a rear-end collision on the interstate. Case settled for the full insurance policy limits of the negligent driver.

$25,000 Settlement - Auto Accident. (Cobb County, 2010). Neck sprain following head-on collision with teenage driver that was texting at the time of the collision. Case settled for the full insurance policy limits of the negligent driver.

$25,000 Settlement - Auto Accident. (Cobb County State Court, 2010). Right wrist injury following head-on collision with negligent driver. Defendant driver claimed his brakes failed causing the wreck. Case settled for the full insurance policy limits of the Defendant driver. 

$66,155 Settlement - Property Damage Insurance Claim. (Cobb County, 2008). Insurance company offered only $20,000 on a home owner's claim that was worth $66,000.

*These prior case results are not representative of the value of any other cases and no case results are guaranteed. Each case is different and the results differ based on the facts of the individual case. Also, some of the above referenced cases were handled with the assistance of co-counsel.