Why You Should Be Cautious About Online Activity Following a Georgia Auto Accident

social media case personal

You should be cautious about online activity following a Georgia automobile accident. Social media evidence can play a key role in personal injury cases. Personal injury defense lawyers monitor claimants’ social media accounts to find out if they are exaggerating their injuries. If a plaintiff claims that they have a severely injured back, but is later seen snowboarding on Instagram or Facebook by the opposing party, it can completely kill their case. But it isn’t just those faking injuries that have something to fear from social media; legitimately injured victims of accidents can lose out on compensation because their social media image makes them look like they are doing better than they actually are.

As one article bluntly puts it, “appearing happy on social media may be used against you in a court of law.” The article goes on to discuss the case of Fotini Kourtesis, a Canadian woman that sued a man for rear-ending her as she drove to work in the year 2000. Fotini was 18 years old at the time of the crash, and claimed that the crash left her in chronic pain and unable to enjoy life the way she once did. According to her own testimony, and the testimony of her friends and family, Fotini was telling the truth.

But then the opposing party found some photos of her on Facebook, posted after the accident occurred, which completely changed the outcome of the case. The photos showed Fotini smiling and dancing with her family. She appeared to be having fun. Forini claimed that she was merely posing as a happy person for the sake of having positive looking family photos, but that in reality she was suffering. But in the end, the photos destroyed her “loss of enjoyment of life” claim. The judge stated, “even if posed, the photographs were taken in an active social life setting” and this is how Kourtesis still “enjoys life.”

Why Deleting Social Media Information May Not Be the Answer

At this point you may be thinking that all you have to do is delete incriminating social media evidence before the other side sees it. Actually, doing this could lead to more problems. This is because litigants in a case have a duty to preserve all relevant evidence – including social media evidence.

A party to “contemplated or pending” litigation that destroys evidence “necessary” to the other party’s case can be sanctioned for spoliation in Georgia. This duty to preserve evidence extends to social media evidence. In a recent Virginia case, Lester v. Allied Concrete Co., the court sanctioned both the plaintiff and his counsel for, in part, “spoliation of Facebook evidence.” In that case, the lawyer helped his client “clean up” his Facebook page by deleting incriminating content before complying with a discovery request issued by the opposing party.

FOR MORE INFORMATION, CONTACT THE KENNESAW, GA ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter
Personal injury cases can be complicated, and personal injury victims should rely on qualified and experienced legal counsel to get the compensation they deserve. If you have been the victim of a personal injury in the State of Georgia, contact the Kennesaw, GA accident injury attorneys at Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Brain Injury Claims

brain injury claim accident

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Georgia Dog Bite Attorney

dog bite victim

Dogs can be loyal and loving members of the family. However, despite being a “man’s best friend,” dogs also bite millions of Americans each year. According to the CDC, roughly 4.5 million dog bites occur each year in the United States. Dog bites can cause serious injuries and even death. When dangerous or vicious dogs cause harm, or when dog owners negligently permit dogs to attack others, dog bite victims are entitled to compensation for their harm.
However, whether a dog bite claim will be successful depends on a number of factors. If you have suffered an injury as a result of a dog bite, it is important to understand the law and to be aware of your rights.
O.C.G.A. § 51-2-7
Georgia has a statute governing injuries caused by animals, including dogs, found in O.C.G.A. § 51-2-7. According to this law, a negligent owner of a violent dog that causes harm unprovoked could be held liable for damages.
There are thus four elements dog bite plaintiffs must prove to win their claim:
1. Vicious propensity. A dog that has a history of aggressive behavior towards people, or has been involved in past incidences of biting, can probably be considered “vicious or dangerous” under the statute. This element is automatically met if a dog was required by law to be at heel or leashed and was instead running free.
2. Careless management or allowing dog to go at liberty. Letting a dog off-leash in public or otherwise allowing it to roam free around others could meet this element. If a dog is on its owner’s property, careless management could occur if an owner knows the dog is aggressive to guests yet fails to contain or control it.
3. Unprovoked. To meet this element, a dog bite victim must not have provoked the dog into attacking. Unlike other types of torts, the doctrine of comparative negligence will not apply in this circumstance. If a person provokes a dog into attacking by antagonizing it, a dog bite claim will be completely defeated.
4. Causing injury. As with any personal injury claim, a dog bit victim must carefully prove that any injuries sustained were caused by the dog bite.
The Statute of Limitations for Bringing Dog Bite Claims
Under the Georgia Statute of Limitations for personal injury claims, an injury victim must take action within two years of the injury. The two-year period begins the moment that the victim knows that they have been injured by a dog bite. In certain circumstances this two-year period can be “tolled” or delayed, for instance when a victim is unable to bring a lawsuit because of their injury or because the defendant prevented them from doing so.
Contact Williams Elleby Howard & Easter Today for More Information
The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to vigorously representing personal injury throughout Georgia. If you have been bitten by a dog, Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. Call Williams Elleby Howard & Easter, to schedule a consultation today at (404) 389-103.

Bringing Georgia Personal Injury Claims Against Out-of-State Defendants

personal injury claim jurisdiction

A personal injury claim can only be brought in a state that has personal jurisdiction over the defendant. If the accident occurred in Georgia, then Georgia will automatically have personal jurisdiction over the defendant.

If the accident occurred in another state, a claim will most likely need to be filed in that other state or in the state where the defendant resides. If you have been in accident with an out-of-state motorist, you should speak with an experienced personal injury attorney to fully understand your rights and options.

What is Personal Jurisdiction?

Personal jurisdiction is the power of a court to render judgments over an individual. This type of jurisdiction only exists over individuals that have some type of contact with the state in which the court sits. For instance, if a person has never been to or had contacts with a state, then no court in that state would have personal jurisdiction over them. If a court lacks personal jurisdiction over an individual, it has no power to render a binding judgment over them.

The requirement that a court have personal jurisdiction over an individual is a protection afforded by the United States Constitution. It is unjust to expect anyone to be subject to the judgments of the courts of states with which the defendant has no history. However, as long as a person has had minimal contacts with a state, it is constitutional for one of that state’s courts to hold personal jurisdiction over the person.

The Georgia Long Arm Statute

Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia. Under Georgia’s Long Arm Statute, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” When an out-of-state resident causes an accident in Georgia, a victim can bring a suit in the county where the accident occurred, or in the county where the victim resides. However, it is important to remember that out-of-state defendants must be properly served with notice of any lawsuit against them in their home state.

Contact the Kennesaw, GA Personal Injury Attorneys at Williams Elleby Howard & Easter, for More Information

If you have harmed due to the wrongful conduct of an out-of-state motorist, it is crucial to be aware of your rights. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling personal injury claims against defendants that reside in and outside of Georgia. They can help you understand your legal rights and options, and make sure you file your claim in the appropriate court.

Williams Elleby Howard & Easter, is dedicated to getting auto accident victims the compensation they deserve. The attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, help you understand your legal options, protect your rights and interests, negotiate with the opposing party, and ultimately get you the best possible outcome. For more information about this issue or to schedule a consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Problems with Eyewitness Testimony

problems eyewitness testimony injury

Eyewitness testimony is crucial to the functioning of our justice system. However, it is also often hopelessly incorrect. This can wreak havoc when it comes to personal injury claims that rely on eyewitness testimony to prosecute or defend.

Many people think human memory works like recording and then playing back a video tape. This isn’t even close. We each only remember a small portion of our experiences from the start, and memories fade as time goes on. Studies have also shown that memories can change dramatically over time, and be heavily influenced by post-event information.

In fact, each time we remember something, we are actually only remembering the last time we thought of it rather than the original event. Each time a person’s brain retells the story, the story changes a little, and that is what the new memory becomes. Essentially, memory works a lot like the telephone game that you may have played as a kid.

The inherent problems of eyewitness testimony have long been recognized. In 1908 the famous psychologist Hugo Munsterberg wrote: “[I]n a thousand courts at a thousand places all over the world, witnesses everyday affirm by oath . . . mixtures of truth and untruth, combinations of memory and illusion, of knowledge and of suggestion, of experience and wrong conclusions.”

Those words are as true today as they were then. It is crucial for attorneys relying on eyewitness testimony – or contesting it – to be aware of the common reasons such testimony can be wrong. The experienced attorneys at Williams Elleby Howard & Easter, defend the veracity of reliable eyewitness testimony for their clients and aggressively question eyewitness testimony used against their clients.

Common Causes of Eyewitness Error

• Faulty perceptions. Before a person can even form a memory, they first need to perceive something by seeing, hearing, smelling, tasting, or feeling it. This can sometimes be problematic. The way people perceive things depends on their past experienced, biases, and expectations.

• The frailties of memory. Memories also fade over time, and as discussed above, can even become distorted. It is also much more difficult for people to form accurate memories of fast-moving events. Stress can also inhibit a person’s ability to form reliable memories.

• Post-event misinformation. Studies have shown that peoples’ memories can be shaped by information they learn later. For instance, a witness to an accident may originally not be sure which driver was at fault. If that witness is later exposed to information indicating that one of the drivers was drunk, they may suddenly ‘remember’ that driver was swerving erratically (even if they actually weren’t).

IF YOU HAVE A CASE INVOLVING EYEWITNESS TESTIMONY, CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT WILLIAMS ELLEBY

Eyewitness testimony is often a key part of a personal injury case. In some cases, there are multiple eyewitnesses who may not agree on exactly what they saw. Carefully examining the reliability of eyewitness testimony is important. If you would like more information about this issue or would like to discuss you case, contact Williams Elleby Howard & Easter at 833-LEGALGA to schedule a free consultation today.

New Law in Georgia Impacts Breweries

Georgia breweries injuries law

Georgia Governor Nathan Deal has signed into law new legislation that will expand the ability of breweries and distilleries in the state to sell distilled alcohol directly to customers. The current law is that it encourages brewery and distillery guests to drink ‘samples’ on-site, but prohibits them from taking any alcohol to-go. The change in law would allow guests to take alcohol to-go, and in doing so, it could help to curb alcohol-related traffic accidents and their resulting injuries.

Under current law, breweries and distilleries are prohibited from selling directly to customers that visit on-site. Instead, Georgia law requires producers of alcohol to sell to wholesalers, and then requires wholesalers to sell to retailers. To get around the current law, breweries and distilleries have long sold “tickets” that people taking a tour can exchange for samples.

The new law removes the restriction on direct sales, and in doing so ends the rigidly tiered producer-wholesaler-retailer system, and most likely spells the end of the somewhat onerous ticket-system as well. Breweries and distilleries that operated a restaurant on-site were already allowed to sell directly to customers, and so they will not be affected by the new law.

Potential Benefits for Patrons, Business, and the Public

Those in the beer and distillery business are welcoming the new bill as a way to boost the industry. While the industry is likely to benefit from this the new Senate Bill 85, the new legislation also has the potential to make roads safer for everyone. Essentially, the new law makes it less likely for patrons to over-consume and then drive home.

Under the current system, guests attending tours must buy a certain number of tickets that they can trade for drinks. They can sample the drinks on-site, but they can’t take anything with them. The new law would permit guests to buy drinks directly and to leave with containers of beer and distilled alcohol.

By allowing guests to take alcohol to-go, fewer people will feel the need to use all of their tickets consume samples on-site. Instead, guests can opt to take their remaining tickets’ worth of alcohol home to consumer later. By shifting excess consumption to the home, the law could decrease the number of intoxicated drivers on the road. Therefore, one other possible impact of the law is a decrease in traffic accidents and resulting injuries caused by drunk driving.

CONTACT THE PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION

Hopefully this law will reduce the number of drunk driving accidents in Georgia. However, if you have been injured as the result of someone else’s reckless behavior on the road, you are entitled to fair compensation. The Kennesaw, Ga personal injury attorneys at Williams Elleby Howard & Easter are dedicated to serving the legal needs of Georgia residents.

We believe every citizen of Georgia has a right to be informed when it comes to the law, and urge every Georgian to drive safe. If you would like more information about this issue, contact Williams Elleby Howard & Easter today at 833-LEGALGA.

Vicarious Liability

vicarious liability responsible

Typically, a person is only liable for his or her own actions. It usually isn’t fair to hold one person responsible for the actions of someone else. But there is a big exception to this general rule: vicarious liability.

Vicarious liability is the theory that a superior can be held responsible for the actions of a subordinate that is acting in their control. In Georgia, people can be held vicariously liable for the actions of certain family members under the “family purpose doctrine.” Under the doctrine of respondent superior, employers can be held vicariously liable for the wrongful actions of their employees.

There are two big reasons that Georgia recognizes respondent superior. One is that employers benefit from the work-related actions of their employees. Because employers are enjoying the benefit of work-related actions, Georgia law suggests that they should bear the burden of risk for any harm that occurs as a result of those actions. Another reason is that Georgia law seeks to fully compensate victims for their harm. Employers typically have much bigger pockets than their employees. So it also makes sense for them to bear the financial cost of helping accident victims.

O.C.G.A. § 51-2-2

The basis of vicarious liability in Georgia is found in the Georgia Code Section 51-2-2, which states that “Every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.”

Vicarious Liability and Auto Accidents

Vicarious liability, particularly under the doctrine of respondeat superior, occurs in a variety of circumstances. However, vicarious liability is invoked most commonly following auto accidents. The Court of Appeals of Georgia has defined the family purpose doctrine in this context by holding that “when an owner of a vehicle maintains the vehicle for the use and convenience of his family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.”

Employers, meanwhile, are generally liable for harm caused by employees that are driving a vehicle for work purposes. There are two elements of respondeat superior:

1. The employee must be acting in furtherance of the employer’s business; and
2. The employee must be acting within the scope of his job.

Therefore, employers are generally liable for accidents caused by employees that are driving in the “course and scope” of their job. However, Georgia courts have generally concluded that employers are not vicariously liable for accidents caused by employees driving to and from work.

Cases involving vicarious liability can be exceedingly complex. Whether an employee was acting in the course and scope of their job is often highly contested. In some cases, whether a person should even be considered an employee in the first place is an issue. An experienced personal injury attorney can help accident victims navigate these types of claims successfully and get them justice.

CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION

The personal injury attorneys at Williams Elleby Howard & Easter have experience handling vicarious liability claims in Atlanta and throughout the state of Georgia. If you have been injured in an accident and think vicarious liability might apply, Williams Elleby Howard & Easter can help you understand your legal rights and options, and vigorously work to get you the compensation you deserve. Call 833-LEGALGA to schedule a free consultation today.