Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.

Boating Accident Attorneys Kennesaw, GA

boat accident attorney Georgia

When people think of personal injury claims, the first thing that comes to mind is usually auto accidents, however boating accident claims are also frequently filed in Georgia. If you have been injured in a boating accident and someone else is at fault, it is important to have a qualified and experienced boating accident attorney represent you. The attorneys at Williams Elleby Howard & Easter, have developed a deep knowledge of boating accident claims in Georgia.

Kennesaw, GA Personal Injury Attorney Joel Williams and his team have recovered millions of dollars for clients in personal injury cases. Williams Elleby Howard & Easter, offers free case evaluations. If you have been injured in a boating accident because someone else made a mistake, contact Williams Elleby Howard & Easter, to schedule your free consultation online or by calling 833-LEGALGA.

COMMON CAUSES OF BOATING ACCIDENTS IN GEORGIA

• Alcohol. Boating and alcohol do not go well together. Unfortunately, accidents involving alcohol pop up in the news all too often. Under the Georgia Boat Safety Act, “operating any boat, sailboat, personal watercraft, water skis, sailboard or similar device while intoxicated” at over the legal limit of .08 BAC is a crime. If you have been injured because someone else irresponsibly consumed too much alcoholbefore boating, you are entitled to compensation for your harm.

• Negligent or reckless operation of a watercraft. Many accidents occur because the boat operator was going too fast, too close to other watercraft, or wasn’t paying attention to where they were going. In some of these cases, the boat operator simply didn’t know what he or she was doing. While it is understandable to make reasonable mistakes, it is unacceptable for a person to attempt to operate a boat or other watercraft when they lack the knowledge to do so safely.

• Overloading or improper loading. Some accidents occur because a boat was overloaded or improperly loaded. A boat that is overloaded is at risk of capsizing. Overloading or improperly loading a boat constitutes negligent operation in Georgia.

• Watercraft defects. Manufacturing or design defects sometimes cause watercraft to be dangerous to use. If you have been injured because of a defective product, you have a right to bring a products liability claim to attain compensation for your harm.

• Life vests were not worn. Failing to wear a life vest may not cause a boating accident, but it can make the consequences much worse. A government study recently found that operators wearing a life jacket were 80 percent less likely to die in the event of a boating accident.

For More Information, Contact Williams Elleby Howard & Easter

If you have been in a boating accident and would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

Aaron Hernandez’s Family Threatens Suit Against NFL, Patriots

lawsuit NFL patriots

Former Florida Gator and NFL star Aaron Hernandez committed suicide at the age of 27, locked in a prison cell in April 2017. This came two years after a jury found Hernandez guilty of the murder of Odin Lloyd. He was arrested for that crime in 2012, ending his burgeoning NFL career. Family, friends, and fans have long sought to understand how a life with so much promise could have taken such a dark turn. The answer may have arrived in September 2017, when an examination showed that Hernandez suffered from late-stage CTE.

Chronic Traumatic Encephalopathy (CTE) is a debilitating brain decease caused by repeated concussions. CTE can cripple a person’s ability to think clearly and to have emotional control. Severe CTE could explain Hernandez’s erratic and destructive behavior.

The Hernandez Family Claim

After learning about the extent of Aaron Hernandez’s CTE, his family filed a lawsuit against the NFL and the Patriots organization, claiming that each negligently failed to safeguard Hernandez from the harm of CTE. The lawsuit sought $20 million on behalf of Hernandez’s daughter. The suit was dropped a few days later, but it seems likely that the family will refile it in a different court.

Like all negligence claims, the Hernandez family must prove that the defendant owed them a duty, that the duty was negligently breached, and that the harm was caused by the negligence. The lawsuit they filed contended that the NFL and the Patriots were both “fully aware of the damage that could be inflicted from repetitive impact injuries and failed to disclose, treat or protect him from the dangers of such damage.”

Defendants’ Have Multiple Possible Defenses

The NFL has said it will vigorously contest the claim. One possible defense would be that Aaron Hernandez assumed the risk of the injury he suffered. This would be an interesting defense, because the danger of head injury football presents is obvious; however, the extent and degree of harm caused by CTE is perhaps less well known.

The defendants could also make the point that Hernandez may have suffered CTE before he was ever in the NFL, for instance, while he played football in college or high school. Thus, even if the NFL was negligent in failing to safeguard Hernandez, there may be no way of proving that this negligence was the cause of his harm. The Patriots organization, of which Hernandez was an employee, could also argue that Hernandez was injured on the job and thus must bring his claim under the Massachusetts Workers Compensation statute.

Contact Williams Elleby Howard & Easter, for More Information

The Hernandez case is high profile, but brain injuries affect millions of people each year. Most people with CTE or other brain injuries don’t go on to commit crimes, but many do suffer enduring mental, emotional, and psychological harm. If you or a loved or has suffered from CTE or any other brain injury as a result of someone else’s negligence or wrongful conduct, it is important to be aware of your legal rights and options.

Williams Elleby Howard & Easter, is dedicated to getting personal injury victims the compensation they deserve. We offer free consultations, so if you would like to discuss, contact us today at 833-LEGALGA.

Burn Injuries

burn injury accident Georgia

Burn injuries occur in auto wrecks, workplace accidents, and defective products incidents every day in Georgia. According to the American Burn Association, there were nearly 500,000 burn injuries that received medical treatment in the United States in 2016. These can be some of the most physically painful injuries that a person can endure. And unfortunately, the damage caused by a burn injury often goes far beyond the physical pain.

If you have suffered a burn injury due another person’s negligence or wrongful conduct, or if you were burned while on someone else’s property, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, cares about each client works hard to get each client the compensation they deserve. Call to schedule a free consultation today at 833-LEGALGA.

Types of Burn Injuries

There are six main types of burn injuries:

1. Heat (thermal) burns. When most people think of burns, they are typically thinking of heat burns. These are the most common burns and can be caused by close contact with fire, steam, hot objects, or hot liquids.

2. Cold burns. Extreme cold can also cause burns. People with poor blood circulation are more susceptible to cold burns.

3. Electrical burns. Any source of electricity, such as loose wiring in a building or defective wiring in a product, can cause an electrical burn.

4. Chemical burns. Chemical burns can be caused by contact with a number of household, industrial, or natural chemicals. These types of burns frequently occur in the workplace.

5. Radiation burns. These can be caused naturally by the sun, but are also sometimes caused by tanning booths, X-rays, or radiation therapy.

6. Friction burns. When a person’s skin moves quickly against a solid surface it can cause a friction burn. Motorcyclists or bicyclists often suffer friction burns (“road rash”) following a high speed accident.

Degrees of Burn Injuries

Health professionals typically classify burns into four degrees of severity: first degree; second degree; third degree; and fourth degree. First degree burns are mild and generally completely heal. Second and Third degree burns are more serious, cause blistering and scarring, and often require skin grafts to heal. Fourth degree burns are the most severe, causing damage below the skin to the muscle and bone.

Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Williams Elleby Howard & Easter, is dedicated to getting personal injury victims the compensation they deserve. In burn injury cases, victims can be compensated for medical expenses, lost wages, and pain and suffering. Because burn injuries can cause scarring and lasting emotional and psychological harm, it is important for victims to have experienced legal counsel on their side so that they get the full compensation that they deserve.

If you or a loved one has suffered a burn injury, Williams Elleby Howard & Easter is here to help. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. Call today to schedule your free injury consultation at 833-LEGALGA.

Concussion Related Injuries

concussion injury attorney accident

A concussion is a type of serious traumatic brain injury (TBI) caused when someone suffers a blow to the head. Repeated head traumas can worsen a TBI significantly. According to the CDC, millions of people are hospitalized each year with TBI, and around 150 people die in the United States every day due to TBI related injuries. This means that TBIs accounts for about a third of all injury deaths in the United States.

Auto accidents, falls, physical assaults, and sports-related head trauma are some of the most common causes of concussions. In many instances, concussions occur that were entirely preventable. When anyone in Georgia suffers a TBI because of another person’s negligence or other wrongful conduct, the victim is entitled to compensation for their harm.

If you or a loved one has suffered a concussion or similar injury due to the negligent or otherwise wrongful conduct of someone else, it is important that you be aware of your legal rights and options. Concussions and other brain injuries can have a severe and lasting impact on a person’s life. Williams Elleby Howard & Easter, is dedicated to getting brain injury victims the compensation they deserve. If you would like to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Compensation for Concussion Related Injuries

Georgia law categorizes damages into two categories: special damages and general damages. Special damages compensate a person for their economic loss, such as their medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Both special and general damages are available to concussion victims in tort cases. However, unlike most other types of injuries, the harm a concussion victim suffers is often not readily apparent to others. Concussions can cause short and long-term psychological and emotional problems that other people can’t see. TBIs can cause memory problems, trouble focusing, anxiety, mood changes, and trouble sleeping. These issues can also have lasting effects on a person’s family and community.

In order to get compensation for this type of harm, victims need detailed and thorough medical evidence and testimony from expert witnesses explaining to the court the extent of the harm. In some cases, testimony from friends, family, and colleagues can be useful as well. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and know what evidence is required. If you have suffered a TBI and you have a viable claim against the responsible party, they can help you gather the evidence you need and build your legal case.Ultimately, Williams Elleby Howard & Easter, is dedicated to helping each of their clients get justice and maximize their compensation.

For More Information, Contact Williams Elleby Howard & Easter, Today

Personal injury cases can be complex. This is especially true when the plaintiff has a TBI. If you have suffered a TBI, you need qualified and experienced legal counsel on your side. Call Williams Elleby Howard & Easter, to schedule your free consultation today at 833-LEGALGA today.

Misdiagnoses and Medical Malpractice

medical malpractice attorney misdiagnosis

A recent health study found that medical errors are the third leading cause of death in the United States. Another study found that there are more than 12 million instances of medical misdiagnosis each year. While most Georgia doctors care deeply about their patients and skillfully carry out their jobs, medical errors occur in Georgia every day.

When doctors negligently make a misdiagnosis in Georgia, patients that suffer harm have a right to bring a medical malpractice against them. The experienced medical malpractice attorneys at Williams Elleby Howard & Easter, handle these types of cases throughout the State of Georgia. If you would like to discuss your case, call today to schedule a free consultation at 833-LEGALGA.

Georgia Medical Malpractice Claims

Doctors in Georgia have a duty to exercise a “reasonable degree of care and skill.” This standard of care requires doctors to act with a degree of care and skill that is ordinarily employed by other doctors in Georgia under similar conditions and circumstances. If a doctor fails to meet this standard of care and a patient suffers harm as a result, Georgia law provides that a medical malpractice claim can be made.

Misdiagnosis as the Basis for a Malpractice Claim

Georgia courts have long recognized that a misdiagnosis can be malpractice. Misdiagnosis claims most commonly arise when a doctor fails to uncover or recognize the symptoms of a serious condition. A failure to diagnose a serious progressive disease, like cancer, can be a life-threatening mistake for a doctor to make.

MEDICAL MALPRACTICE ATTORNEYS IN KENNESAW, GA

However, although misdiagnoses can have severe consequences for a patient, not all instances of misdiagnoses are considered malpractice. After all, even the best doctors will sometimes fail to make the correct diagnosis. The question is whether the failure to make the correct diagnosis was a direct result of the doctor’s failure to exercise reasonable care and skill. In other words, a plaintiff in these cases must prove that a doctor exercising reasonable care and skill under the circumstances would not have misdiagnosed the patient’s illness or condition.

Every case is different because the particular conditions and circumstances of each case are relevant to determining whether malpractice occurred. For instance, a failure to diagnose cancer could be malpractice in under some circumstances, but would not be malpractice in others. The patient’s symptoms, health history, and age could all be factors. The staff and resources available to the doctor can also be relevant.

In some cases, a misdiagnosis is the result of faulty testing. Laboratory results, radiology films, or x-rays could have inaccuracies that were not the doctor’s fault. As long as the doctor was reasonable in believing that these test results were accurate, he or she cannot likely be found liable for malpractice. However, it may be possible in these cases to bring a claim against a lab technician, some other healthcare provider, or even an equipment manufacturer if they were negligent in producing the erroneous test results.

Medical malpractice cases can be exceedingly complex and difficult to prove. This is especially true when it comes to misdiagnosis cases. Detailed medical evidence and expert testimony are needed in these cases. Despite the fact that these claims can be difficult to win, victims of harm should still understand their legal rights and options. If you or a loved one has been harmed because a doctor failed to properly diagnose an illness, Williams Elleby Howard & Easter, can help you understand your potential case and work to get you the compensation you deserve.

To Discuss Your Case, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, is dedicated to helping medical malpractice victims get justice. To schedule a free medical malpractice consultation, call 833-LEGALGA today.

Why You Should See a Doctor After Suffering a Personal Injury

doctor personal injury attorney

If you have suffered a personal injury, it is important that you seek and document medical care as soon as possible. For many types of injuries, the harm done is not immediately apparent. There could be serious damage done, but symptoms may not yet be present. If you wait too long to see a doctor following an accident, your chances of recovery could be reduced or even eliminated. Moreover, medical evidence is crucial in all types of personal injury claims. If you have suffered a personal injury, see a doctor right away, and contact Williams Elleby Howard & Easter, to discuss your case.

Protect Your Health

This is the most immediate and important reason to seek medical care. Some injuries are not painful or do not create symptoms until days or even weeks later. Therefore, even if you feel fine, if you have been in an accident or suffered any type of trauma, it is important to see a doctor to get an assessment.

Establish and Preserve Crucial Evidence

Plaintiffs must prove that the defendant’s actions caused their harm. It is difficult for plaintiffs to succeed in a personal injury claim if they failed to seek medical care soon after the injury occurred. In these cases, defendants often argue that the plaintiff’s harm was actually caused by something else. An injured person needs medical documentation that proves or strongly indicates that the defendant’s actions caused the harm, otherwise winning a personal injury case is unlikely.

In Georgia, a Plaintiff cannot recover unless he or she can prove that the Defendant’s actions caused a new injury or exacerbated a pre-existing injury or condition. This is referred to as the rule of proximate causation. At trial, the judge will normally instruct the jury as follows:
Proximate cause means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the sole proximate cause of an occurrence, then no act or omission of any party could have been a proximate cause.

Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 60.200.

No plaintiff may recover for injuries or disabilities that are not connected with the act or omissions of the defendant in this case. There can be no recovery for a particular plaintiff for any injury or disability that was not proximately caused by the incident in question. If you find that, at the time of the incident, the plaintiff had any physical condition, ailment, or disease that was becoming apparent or was dormant, and if you should find that the plaintiff received an injury as a result of the negligence of the defendant and that the injury resulted in any aggravation of a condition already pending, then the plaintiff could recover damages for aggravation of the preexisting condition.

Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 66.504.

In their most basic sense, these rules require the Plaintiff to prove that the act of the Defendant caused the Plaintiff’s injuries. The Defendant has a greater chance of convincing the jury that the injuries claimed were caused by something other than the Defendant’s negligent act if the Plaintiff waits an extended amount of time to seek medical attention.

Don’t Worry About the Money

Sometimes personal injury victims avoid going to see a doctor because they are worried about the cost of medical care. This is never a good idea. Even if you do not have insurance or any way to immediately pay, your health is too important to forsake.

In cases where an injury victim has a viable personal injury claim, many doctors and healthcare providers will provide care in exchange for a medical lien. A medical lien gives a doctor or other healthcare provider an interest in any personal injury settlement or award that eventually comes from the personal injury claim. Thus, the healthcare provider is paid only after the case is over.

For More Information, Contact Williams Elleby Howard & Easter, Today

It is imperative for those harmed by the wrongful actions of another to protect their rights. Victims of harm deserve to be compensated when they are harmed due to the negligence of another person. Anyone that brings a personal injury claim should have qualified and experienced legal counsel on their side. The experienced legal team at Williams Elleby Howard & Easter, is dedicated to holding tortfeasors accountable and helping injury victims and their family members get justice.

If you or a loved one has suffered a personal injury due to the wrongful actions of someone else, seek medical attention right away and contact the experienced legal team at Williams Elleby Howard & Easter, to discuss your case. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout Georgia. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free consultation today.