By pressing forward to trial, we were able to apply pressure on the tenant retailer and ultimately recover the entirety of the disputed amount owed and attorney’s fees and costs. All this without our client having to endure a trial or extended attorney fee litigation.

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My client caused an accident a few years ago. He did not carry Bodily Injury Coverage. Auto Club South was the insurance company for the other driver who was injured in the accident. Auto Club South paid that person $10,000 for their injuries. Auto Club South then asserted its subrogation rights. It stepped into the shoes of the other driver and sued my client to get back the $10,000 it had paid out. This is becoming an increasingly more common type of lawsuit as insurance companies are trying to make/save more money.

My client hired me to handle the case. From the start, we agreed that I would negotiate the payout for him to as little as possible.

The Case:

I have handled many subrogation lawsuits over my career. I had my client fill out a notarized financial affidavit showing all of his assets. The reason why I do this is to show the insurance company that even if they win the lawsuit, they may never collect the full amount of their judgment.

The Result:

I was able to negotiate with the lawyer for Auto Owners South and reach a settlement of $3500. The money was paid in a lump sum balance and the lawsuit was dismissed. My client was happy to be done with the lawsuit and that he saved money.

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These articles began causing serious issues for Alec’s client and harming his reputation both at work and in the community. Alec drafted a letter correcting the record and pointing out that the articles constitute defamation. The letter demanded that all of the articles be removed immediately or the news agency would be facing a lawsuit.

WITHIN MINUTES of receiving the demand letter, the news agency took the articles down. The owner of the agency had a reasonable conversation with Alec, understood the client’s concerns and agreed to keep the articles off the internet. Now the client can move on with his career without the cloud of those accusatory and false articles.

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The case was ordered to binding arbitration. A binding arbitration is essentially a private trial in front of a neutral arbitrator who acts as the judge and jury in the case. Evidence is presented and witnesses testify just as if it were a jury trial. The main difference is the arbitrator will make the final decision on responsibility and remedies (e.g., damages).

Alec tried the case in front of the arbitrator and was able to help his clients tell their story, present expert testimony, as well as cross examine the defendant to expose his fraudulent behavior.

Ultimately, the arbitrator made the right decision and ordered that our clients regain their interest in the $3.2 million home. On top of that, the judge ordered that the defendant pay our clients nearly $1m in damages and reimburse them for their attorney’s fees they spent fighting for the property back.

Prior to the arbitration, the settlement discussions did not even come close to what was awarded at arbitration. This case is a testament to the fact that, if you or your business have been wronged, it is important to hire a skilled and experienced trial lawyer who is not afraid to go to bat for you and fight for the best outcome possible.

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Alec got to work immediately and had the first lawsuit dismissed. However, because the law requires it, the Judge gave the customer another chance to amend his lawsuit if he had the evidence or the good-faith basis to bring a valid claim against our client.

After the customer filed their amended lawsuit, it was still clear that he did not have a legal basis to sue our client. So, Alec filed and argued a second Motion to Dismiss. The Judge granted that motion WITH PREJUDICE, meaning that the customer could no longer bother our client with additional lawsuits regarding the work performed by our client.

No matter how baseless the claim is, being sued can be stressful for businesses and take valuable time away from them. If you own a business and are looking for swift and aggressive defense from lawsuits, contact Alec Waid at Battaglia, Ross, Dicus & McQuaid, P.A., so we can get to work for you.

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The Case

The Result

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Fortunately, with an aggressive pleading strategy, the lawsuit against her was recently dropped at relatively minimal costs for a lawsuit of this nature. Our client was extremely relieved and very grateful.

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