Wrongful Death Claims in Kennesaw, GA

wrongful death claim Georgia

Wrongful Death Claims in Kennesaw, GA

Losing a loved one is always difficult. If the death was caused by someone else’s negligence or otherwise wrongful actions, it can be even harder to accept your loss and move forward. In these cases, family members often have a legal right to make a claim against the wrongdoer. Although it is impossible to replace a lost loved one, under Georgia law surviving family members are entitled to compensation that can help alleviate the hardship.

However, it’s important to know that these cases can be complicated and lengthy. They often involve multiple parties, and proving damages requires substantial evidence. This being so, anyone bringing a wrongful death claim to court should be represented by an experienced wrongful death attorney. A skilled attorney can help make sure you receive the compensation you deserve, while minimizing any stress the case may cause.

Georgia Wrongful Death Claims

In Georgia, wrongful death actions are governed by Title 51 Chapter 4 of the Georgia Code. These claims are intended to compensate surviving family members for their loss. They are made by family members themselves. These claims are usually brought alongside a so-called survival action that can be made by the decedent’s estate.

A survival action compensates an estate for things like medical and hospital expenses and any pain and suffering endured. A wrongful death action, meanwhile, compensates family members for what they have lost as a result of the death, which includes things like loss of companionship, income, and any services that the decedent provided. According to Georgia law, wrongful death damages should reflect the “full value of the life of the decedent as shown by the evidence.”

Who Can Bring a Wrongful Death Suit

Only certain people can bring a wrongful death action under Georgia law:

  • If there is a surviving spouse, they and only they may bring the claim;
  • If there is no spouse, then the claim goes to the decedent’s children;
  • If there is no spouse or children, living parents may bring the claim; and
  • If none of the above family members are alive, the clam may be made by the estate.
  • No other family members can bring a wrongful death claim in Georgia.

Statute of Limitations

If you have lost a loved one due to a wrongful act, it is important to consult with an attorney to discuss your case within a few months of the incident. This is because under the Georgia statute of limitations wrongful death actions must generally be brought within two years of the date of the death. Once the statute of limitations period has run, a claim is barred completely.

Contact Personal Injury Attorney Joel Williams

The attorneys at Williams Elleby Howard & Easter are dedicated to getting justice for victims of wrongful death in Kennesaw and throughout Georgia. Joel has consistently been recognized as one of the best trial lawyers in Georgia, and this has helped him to maximize recoveries for hundreds of his clients. If you have lost a loved one due to the negligence or intentional action of someone else, Williams Elleby Howard & Easter will fight for you to get the compensation you deserve. Contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

Punitive Damages in Georgia

punitive damages Georgia verdict

Punitive Damages in Georgia

Some of the largest verdicts in Georgia involved a jury punishing egregious conduct by a defendant with a verdict that includes punitive damages. These damages compel the defendant to pay more than he would have to pay under normal circumstances. For tort claims, Georgia law provides three categories of payment: general damages, special damages, and punitive damages.

General damages include pain and suffering, while special damages include medical expenses and lost wages. Regarding punitive damages, the Georgia Code provides: “Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences…Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” In other words, for a plaintiff to recover punitive damages, the plaintiff must demonstrate to a judge or jury that such damages, which act as a punishment, are appropriate.

The average motor vehicle accident wherein the plaintiff alleges negligence is usually not eligible for punitive damages. Circumstances that have a higher probability of punitive damages are a hit and run, drunk driving, road rage, and intentionally harming someone with a motor vehicle.

Procedure to Attain Punitive Damages

There is a specific procedure to obtain punitive damages in Georgia. First, a plaintiff must specifically ask for punitive damages from the defendant in the Complaint. Next, a jury must hear arguments that punitive damages are appropriate. As mentioned from the Georgia Code, the plaintiff must demonstrate by clear and convincing evidence that the defendant’s actions consisted of willful misconduct, malice, fraud, wantonness, or the like. Finally, provided that the jury agrees that punitive damages are proper, the jury would convene, at a second portion of the trial, to determine the amount of payment for punitive damages.

Note that the standard is clear and convincing evidence, not preponderance of the evidence. Although the plaintiff can prevail at the trial by showing it is more likely than not the Defendant was negligent, an award of punitive damages requires the plaintiff to demonstrate appropriateness by a clear and convincing standard.

Punitive Damages against the Government

If the government – be it the state, county or municipal government – is a defendant in the lawsuit, then the plaintiff cannot recover punitive damages as Georgia law excludes the government from such damages. Therefore, if there is a motor vehicle accident involving a private citizen and a government owned vehicle, the private citizen cannot obtain punitive damages. This applies even if the plaintiff demonstrates that the defendant government engaged in willful misconduct by clear and convincing evidence.

However, a government employee can be liable for punitive damages if the plaintiff demonstrates that such is appropriate by clear and convincing evidence.

Contact us

If you’ve suffered an injury due to a car accident, contact the personal injury law firm of Joel Williams, a Cobb County, Georgia, lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Pedestrian Accidents Near Construction Zones

pedestrian accidents construction zones

Pedestrian Accidents Near Construction Zones

Although most pedestrian accidents occur with motor vehicles, many other threats can affect pedestrians. For example, poor property maintenance can result in slip and fall accidents that may cause serious injuries. Construction zones are also hazardous for pedestrians. Building and maintenance work can be extremely dangerous to those working in those areas and for pedestrians traveling nearby.

Common Construction Zone Accidents that Involve Pedestrians

Construction and maintenance zones often require the use of heavy equipment and machinery. Equipment often poses a threat to anyone nearby, including pedestrians. Pedestrians most often receive injuries in the following situations.

  • Crane and forklift accidents
  • Slips and falls
  • Falling objects
  • Accidents that involve ladders and scaffolds
  • Electrocutions
  • Exposure to toxic substances

Of course some accidents occur because a pedestrian is traveling in a construction zone where he or she should not be.  However, pedestrian accidents also happen when someone is simply walking by a zoned off construction area.

Legal Liability to Pedestrians Near Construction Zones

Sometimes it is difficult to determine who has the legal obligation to maintain a construction site. However, either the property owner or general contractor is usually responsible. Whoever it may be must ensure that they take precautions to make the construction site and the surrounding area safe for both workers and passersby. A failure to meet this legal obligation can result in the responsible party being responsible for pedestrian injuries.

Perhaps the best evidence of a property owner’s inability to fulfill their legal duty is a showing that the person responsible for the area did not comply with federal or state safety requirements. For example, many construction zones are specifically required to be zoned off so that pedestrians cannot walk through the area unknowingly. If this type of barrier is not implemented, it could be a violation of federal or state law.

Even in situations where the property owner has not violated any particular law, he or she may still have legal liability. The general contractor may also share this responsibility where the sloppiness or carelessness of their employees or workers resulted in the pedestrian’s injury. Even the individual who manufactures or maintains equipment may be partially at fault if a mechanical failure caused the injury.

Types of Injuries in Pedestrian Construction Accidents

You may be entitled to compensation if you have suffered damages as a result of being near a construction zone. Common injuries that may occur in these situations include:

  • Head and brain trauma (traumatic brain injury or TBI)
  • Burns
  • Broken bones
  • Lacerations or cuts
  • Internal damage
  • Spinal cord trauma

It is not uncommon to incur significant medical expenses after an injury in a construction zone. You may also face other damages such as lost wages, long-term disability, and even mental anguish. The pain and suffering alone with severe injuries can be debilitating.

If you are a loved one has been involved in a pedestrian accident in a construction zone or near a work area, you may be entitled to compensation related to your injuries. Find out more by contacting Williams Elleby Howard & Easter LLC today at 833 – LEGALGA.

Underinsured Motorist Coverage in Georgia

underinsured motorist coverage Georgia

Underinsured Motorist Coverage in Georgia

Every driver in the state of Georgia is required to carry minimal amounts of liability automobile insurance. This requirement ensures that coverage will apply if there is an accident that causes bodily injury or property damage. In Georgia, you look to the other driver’s insurance company to help you deal with your losses associated with the crash.

What happens if the at-fault driver does not have auto insurance or does not have enough coverage to address your injuries fully? Thankfully, there are coverage options in Georgia to help you deal with these situations. Underinsured motorist coverage addresses problems associated with having substantial losses, but there is typically not enough insurance coverage to completely compensate you.

Minimum Amounts of Insurance Coverage in Georgia

Drivers are required to carry certain types of insurance with a minimum dollar amount of coverage. The coverage includes:

  • $25,000 per individual for injuries to the body
  • $50,000 per accident for injuries to the body
  • $25,000 per accident for property damage

In serious accidents, these coverage amounts may dissipate quickly. Medical bills can easily climb above these limits when victims must use ambulance services and emergency care. Individuals can elect to carry more coverage, but people often do not. In fact, approximately 10% of Georgia drivers do not have insurance at all.

Underinsured and Uninsured Coverage Options

Insurance companies that operate in Georgia are required to offer you uninsured and underinsured (UM/UIM) purchase options. In fact, it is often part of your overarching insurance policy. In many situations, you may have this type of coverage without realizing it. This is because you often must reject these coverage options in writing to remove them from your insurance policy. Check the declarations page of your insurance policy to determine whether you have this type of coverage.

If your policy includes underinsured or uninsured benefits, it will often apply to your spouse and children or stepchildren residing in your household. It will also usually cover anyone who is using your vehicle with your consent and passengers riding in your insured vehicle. However, these general rules may not apply to your specific situation, so it is important to review your policy language to determine the extent of your coverage after an automobile collision.

Add-on and Difference in Limits Underinsurance Coverage

There are two types of underinsured policies in Georgia. The first is called “difference in limits”.  In this more traditional kind of policy, the amount of coverage available to you through your underinsurance coverage may not be as straightforward as you might think. Your underinsurance coverage will only apply to the extent of your policy, regardless of how much the at-fault driver has paid. For example, imagine you have an underinsurance policy of $100,000. The at-fault driver has $25,000 in bodily injury coverage. You would take your total amount of coverage and subtract the at-fault driver’s coverage, so you will only be able to receive $75,000 from your insurance company for underinsurance benefits. Under this type of coverage, you never receive more in total than your underinsurance coverage provides.

“Add-on” policies, on the other hand, disregard the other driver’s insurance coverage and add on any coverage for your policy to the other driver’s policy. In the above example, you would have a total of $125,000 in coverage–$25,000 from the other driver and $100,000 from your insurance policy.

Determining how to interpret your insurance policy or which coverage you should get can be tricky. If you have questions about your insurance or if you are having trouble dealing with an insurance company after an accident, call the car accident attorneys at Williams Elleby Howard & Easter for help at 833 – LEGALGA.

Do All Personal Injury Claims End Up in Court?

personal injury claim court

Do All Personal Injury Claims End Up in Court?

Although it may seem like every personal injury claim ends up in court on TV or in movies, that is not the case in real life. In fact, roughly 95% of pending lawsuits settle. This means only one in 20 personal injury cases is tried before a judge or jury. Although most attorneys prepare for every case as if it is going to trial, the reality is that this preparation is often used as a means to obtain a favorable settlement.

Deciding Whether to Go to Trial

When cases do go to trial, it is usually because settlement efforts have been unsuccessful. In other situations, the victim wants to have their day in court for personal or political reasons. For example, if you are a victim of a products liability claim, you may want to go to trial to increase public awareness of a dangerous product.  Taking your case to court will help prevent future accidents and make the manufacturer or designer of the product alter their current practices.

Taking a case all the way to trial is extremely time-consuming and can be expensive. Depending on the accident, it can also be emotionally and even physically draining. Some victims want to avoid going to trial because they do not want to relive the experience again when they tell their story in front of a jury.

Victims should carefully consider the pros and cons of taking a case to trial. Your personal injury attorney can help you think through this decision.

Potential Negatives of Going to Trial

No matter how airtight your case may be, there is always a chance of obtaining a negative result when you go to trial. It is always a gamble when you walk into a courtroom. You could end up with everything you requested or nothing at all. There are other drawbacks to consider as well.

  • Delayed compensation. It can take months and even years to prepare a case adequately for trial. Victims may not be able to wait this long to address their financial needs after an accident. Settlements offer faster payments so victims can often get back on their financial feet earlier.
  • Appeal rights. When a case is heard in front of a judge or jury, there is almost always a right to appeal. This appeal process can drag out for additional months or years, further delaying compensation. There are no appeal rights in a settlement agreement. A settlement finalizes the case so you can move on. This is often very attractive to victims.
  • Cost of litigation. Victims who are not on a contingency fee arrangement with their attorneys face significant legal fees when they go to trial. Even those who are on contingent fee arrangement may often need to employ experts who will testify at trial. These costs are often the ultimate responsibility of the victim if he or she wins their case.

Deciding whether to have your day in court is a highly personal decision, and there are advantages and disadvantages that you need to consider for your particular lawsuit. Williams Elleby Howard & Easter will be able to evaluate your case and your unique situation to determine the potential outcome of your case. Contact us in Cobb County, Georgia at 833 – LEGALGA for more information.