3 Key Considerations When Evaluating a Personal Injury Settlement Offer

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For most people, receiving a personal injury settlement offer following an injury in Georgia is good news that carries with it one big question: Should I accept this offer? The following are three key questions to help you evaluate a personal injury settlement.

Will the Amount Cover Your Past and Future Accident-Related Expenses?

The financial impact of an accident leading to personal injuries can be devastating and long lasting. When considering an offer, make sure it covers all your past, current, and future, accident-related expenses including:

  • Past medical expenses;
  • Future medical expenses;
  • Lost wages from time out of work;
  • Future lost wages from impact of accident; and
  • Damage to your caror other property.

If the settlement amount does not, at a minimum, cover these costs, then it is too low. If you were not at fault, you should not be responsible for the costs you’ve incurred as a result of the accident.

How Much Pain and Suffering Has the Accident Caused?

If you’ve been injured in a car crash or other accident, you know that your losses incorporate more than just the financial losses. There’s the physical pain, anxiety, and mental suffering that you endured during your recovery from the accident. The emotional pain and suffering that often comes with having your life change in an instant is often more debilitating than the actual physical injuries. Common post-accident physical and emotional issues include headaches, nerve pain, back pain, insomnia, anxiety, and depression. Although a settlement cannot undo the accident, it should fully compensate you for your losses, including the pain and suffering you experienced.

How Strong Is Your Case?

When deciding whether to accept a Georgia personal injury settlement offer, you should consider the strength of your case. For a variety of reasons, some personal injury actions are harder to prove. If there are substantial hurdles in your case, for example, conflicting accounts of what occurred and no witnesses, then you have a higher risk of walking away with nothing if you turn down the offer and go to trial. In contrast, if you have a strong case, you may get less if you accept a low settlement offer and don’t go to trial.

When in Doubt: Ask Your Lawyer

Whether to accept a personal injury settlement is completely your decision. However, your attorney can help provide you with the knowledge you need to make an informed decision. Ask your attorney whether they think the offer is fair, why they think that, and whether they think you could do better at trial. Attorneys like the ones here at Williams Elleby Howard & Easter, who focus on Georgia personal injury cases, have the real world experience that is necessary to determine whether a settlement is reasonable. They know what is fair and what is not fair and they can help you decide on a counter-offer and negotiate on your behalf.

If you haven’t already obtained a Georgia personal injury attorney, you can still hire one after you’ve received a settlement offer. Contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our caring, experienced attorneys. We’d love to discuss your case, your rights, and your options with you.

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Vehicle Collides Into Piedmont Hospital Leading to a Fatal Injury

Hospital Emergency Room Entrance.

Vehicle Collides Into Hospital

On June 30, 2020, a 75-year-old woman drove her vehicle into the emergency entrance at Piedmont Hospital in Atlanta. The collision resulted in serious injuries for four individuals. A fifth person died in the crash.

The accident occurred at approximately 8 a.m. at the entrance to the emergency department of the Piedmont Hospital. Security video recorded by the hospital shows that the driver collided with another vehicle in the driveway outside of the emergency room entrance. The driver then accelerated, pushing the other vehicle out of the way and launching into the glass doors. The vehicle continued through the doors, striking multiple people before coming to rest against a wall.

The injuries involved in the accident were devastating. In addition to property damage to the facility, multiple parties suffered broken bones and other severe wounds. These injuries could have long-term or even permanent consequences for the injury victims.

The Cause of the Crash

To date, the specific cause of the accident is unclear. While the video of the accident shows the driver accelerating into the building, the police have declined to press any criminal charges. According to their investigation, the police believe that the act was not intentional or criminal. The police report does not give a specific cause either, outside of alleging the driver lost control of the car.

Legal Liability

The cause of the crash could play a role in determining legal liability for the accident. If the driver caused the accident intentionally or through their own negligence, they could face liability for any injuries that occurred. However, if a medical emergency caused the accident, the driver may have a viable defense against a negligence claim.

The driver may not be the only party facing liability in this accident. Questions were raised by one injury victim regarding whether the hospital took all the necessary steps to prevent the accident. The emergency room entrance where the crash occurred lacks any form of posts or barriers that would have stopped the car from crashing into the emergency room doors. This is despite the fact that most of the other entrances at the hospital have some form of barrier designed to prevent vehicles from crashing into the doors. In this case, an experienced premises liability lawyer could help determine whether the hospital may face civil liability.

Contact Williams Elleby Howard & Easter When Disaster Strikes

If you have suffered injuries in a crash, it may be difficult to identify all parties that contributed to your injuries. In some cases, you could be surprised at the number of individuals or entities that bear some responsibility for your accident. The right legal team can ensure you hold every responsible party accountable.

If you believe you are entitled to compensation for your injuries, do not hesitate to contact Williams Elleby Howard & Easter right away. Our team is ready to evaluate your case and assist you with your claim. You can learn more about your options during a free, no-obligation consultation. Contact Williams Elleby Howard & Easter today at 833-LEGALGA to schedule a free consultation as soon as possible.

How COVID-19 Is Impacting Car Crash Injury Claims in Georgia

A closeup of a silver car that has rearended a black car.

The COVID-19 pandemic has affected the way attorneys, insurers, and crash victims handle Georgia car crash claims. From the ability of victims to obtain medical care to how legal professionals handle claims, every area of the Georgia car crash claims process is different.

Fewer Vehicle Accidents

As car accident attorneys and fellow Georgia citizens, one of the changes we are following closely is how COVID-19 is impacting driving in Georgia. As COVID-19 infection rates began to rise in the Spring of 2020, significantly fewer cars and slightly fewer trucks were on the road.

On March 14, 2020, Governor Brian Kemp issued an executive order in which he declared a public health state of emergency in Georgia.  This order has been amended and renewed several times. Shortly after his initial order, Governor Kemp issued additional restrictions that limited public gatherings and closed many businesses that were not considered to be essential. Schools closed and many people began working from home. All of these factors caused Georgia, like many other states, to see a decrease in car accidents.

In the late summer months of 2020, schools began to open, many of the Governor’s restrictions were lifted, and employees began returning to in office work. As a result, Georgia began to see an increase in traffic rates and a corresponding increase in car crashes.

Lower Car Insurance Rates

Less driving and fewer accidents led to car insurance companies reducing rates. Many automatically reduced car insurance rates for a short period of time. However, many have now reverted back to regular rates. If you are driving significantly less than when you obtained your policy, you may be able to renegotiate for a permanent reduction in premiums, or find another insurance company that will give you a lower rate. It is worth making a few calls.

Harder to Find Medical Care

One of the significant downsides to COVID has been reduced access to in-person medical care. This has made it more difficult to keep up with routine preventative care and to find initial and ongoing care after a motor vehicle accident. If you’ve been in a Georgia car accident and are struggling to find the medical care you need, watch this video we put out to learn more:

Fortunately, as we learn more about how to safely open the economy back up, doctors are beginning to increase their availability again.

Licenses Issued Without Driving Test

In late April, Governor Kemp permitted drivers to obtain their driver’s licenses without an in-person driving test. As a result, nearly 20,000 licenses were issued to Georgia drivers without an in-person driving test. Subsequently, the governor announced that those who received a license without an in-person test would need to pass an in-person driving test to maintain their license.

Longer Drives

Although COVID-19 took many drivers off the road during the spring and early summer of 2020, we suspect that for the foreseeable future, it will change how people are driving. There are still fewer daily commuters on the road than there were before COVID-19, but there has been a resurgence in driving for vacation, business, and school related activities.

With flights limited, often expensive, and risky due to the close proximity of passengers, people are taking good old-fashioned road trips for their vacations. This trend will likely continue through the winter holiday season. Longer drives, especially in winter weather, carry risks, and we urge everyone to follow these tips for a safe and fun winter road trip in Georgia.

Delayed Georgia Jury Trials

As the risk of COVID-19 infection began to increase, Chief Justice Harold D. Melton, issued an Order that suspended all jury trials as of March 14, 2020. Chief Justice Melton’s order was issued, in part, to protect Georgia citizens and court personnel from a situation in which they would be forced into close proximity with one another.

An unfortunate drawback to the suspension of jury trials was the inevitable backlog of civil and criminal cases. Without juries to resolve disputes, many cases came to a standstill. Nevertheless, new cases were being filed and this caused tremendous stress and delay for Georgia litigants.

In September of 2020, grand jury proceedings in Georgia resumed. Additionally, Chief Justice Melton is expected to sign an order on Saturday, October 10, 2020 that will allow jury trials to resume. It will take many months or even years for the case backlog to clear so any person with a car crash lawsuit in Georgia will need to be patient and expect it to take much longer than normal for their case to reach trial.

Need a Georgia Car Crash Attorney? Call Williams Elleby Howard & Easter Today

If you have been injured in a Georgia car crash and want to learn more about your options, contact Williams Elleby Howard & Easter at 833-LEGALGA (534-2542) to set up a free consultation with one of our experienced attorneys. We would love to help you navigate your situation during these uncertain times.