What are Georgia’s Car Seat Laws?

Child sitting in front facing car seat with a thumbs up.

What Are Georgia’s Car Seat Laws?

Georgia has specific laws that require certain car safety seats for children. Children’s lives are precious, priceless and irreplaceable, so of course you want to protect them in every way you can. One of the ways that you can ensure your child’s safety is by utilizing the proper car seat every time you put them in a vehicle. However, it can be tricky to know what car seat your child needs. Today we will discuss what Georgia law tells us about your child’s car seat needs. Georgia has a statute, O.C.G.A. 40-8-76, which lays out child safety seat requirements. Georgia’s Car Seat Safety Statute is a primary law rather than a secondary law, meaning that you can be pulled over and cited for a violation, even if you have not committed another traffic violation.

Where Should My Child Be Seated in The Car?

First and foremost, children under the age of 8 should always be in the back seat as required by Georgia law. It is recommended that children under the age of 13 ride in the back seat. All children under the age of 8 must be seated in the back seat in a proper safety seat based on their age, height and weight. Motor vehicle crashes are the number 1 cause of death of children in the US age 14 and under. Children seated in the front have a 40% to 70% higher risk of injury or death than children seated in the back. The linked study indicates that the center rear seat is the safest, with a risk reduction of 9%-24%. The reason that the center rear seat is the safest is because it is the position in the vehicle where the passenger is least likely to suffer an airbag injury or fatality. Children in the front seat are more likely to suffer injury or death caused by airbag deployment.

Which Car Seat is Right for My Child According to the Law?

Every child is different and Georgia laws account for that. Let’s look at age, weight and height requirements for child safety seats.

Georgia Law on Car Seats for Newborns and Infants:

You want to make sure your infant is protected in a rear-facing car seat until they are over the age of one year AND over 20 pounds. If your one-year-old is not yet 20 pounds, keep them in a rear-facing seat at least until they reach that milestone. It is recommended to keep your child rear-facing as long as possible. Even if your child is over 20 pounds, you may keep them in a rear-facing seat as long as that seat is rated for their weight and height per the manufacturer’s instructions.

Rear facing seats have harness-type straps that go over the head and should fit snuggly across the shoulders and chest. Some of these rear facing seats are designed to be rear facing only, while others are convertible models that can be adjusted to suit your child’s needs as they grow. Rear facing only seats usually come with a base that stays in the car, and the seat itself clicks onto the base. This makes it easier to transport your child to and from the car and also helps to ensure that the seat stays properly installed in your vehicle.

Georgia Law on Car Seats for Toddlers (One to Three Years):

Once your infant has reached one year AND 20 pounds, you can then transition them to a forward-facing car seat with a harness if you choose to do so. Just like the rear-facing seats, these front facing seats have harness-type straps that go over the head and should fit snuggly across the shoulders and chest. Your child should remain in a forward-facing seat with a harness until they are at least four years old AND over 40 pounds. Again, safety is our number one priority, so even if your child is over the age of four and over 40 pounds, you may choose to keep them restrained by a harness in a rear or front facing seat so long as the seat is rated for their weight and height per the manufacturer’s instructions.

Georgia Car Seat Laws for Young Children (Four to Eight Years):

Finally, your child is ready to graduate into a big kid booster seat! This means they have reached age four and are over 40 pounds. Your child should remain in a booster seat until they have reached the height of 4’9”. Children using booster seats are 59% less likely to be injured in a crash than those using a seatbelt alone, per the Georgia Department of Highway Safety. In this age range, children should remain in the back seat.

Children under 4’9” cannot safely sit in a car’s seat with the seatbelt alone, because the seatbelt will not fit them properly. The purpose of the booster seat is to position the child and the seatbelt so that your child is properly secured. Some of these seats have high backs, while some of them are backless. High-back booster seats are for smaller children, while the backless seats are for taller children.

Eight to Eighteen Years:

Once your child has reached the height of 4’9”, they may graduate from the booster to a regular car seat with seatbelt. Once your child reaches the age of 8, he or she may ride in the front seat, with either a booster, or without once they meet the height requirement. It is important that the seatbelt fit the child properly. The lap belt should sit snugly across the upper thighs (not the stomach), and the shoulder belt should rest snugly across the chest (not the neck or face). Your child should be tall enough to sit in the seat with their back to the seat and their knees bent over the edge of the seat comfortably. Your child needs to be able to maintain this seat position throughout the entirety of your trip, otherwise, they need to remain in a safety seat.

How Can I Be Sure My Child’s Safety Seat is Properly Installed?

According to a 2002 study, 81 percent of children are incorrectly restrained when traveling in a vehicle. In Georgia, you can go to your local fire department or any of the other locations linked below to learn how to properly install a car seat.

Georgia Department of Highway Safety’s list of Child Safety Seat Fitting Locations.

A Child Passenger Safety Technician (CPST) can also help you properly install your child’s car seat.

Child Safety Seat Tips:

  • When the child is seated in a seat with a harness, the retainer clip at the top of the harness should sit at armpit level.
  • Harness straps should be flat and untwisted and should be adjusted snugly.
  • Lap belts should be fitted low and snugly across the hips.
  • Shoulder belts should not sit across the face or neck, and should never be behind the child’s arms or back.
  • Make sure your child’s safety seat is correctly rated for their height and weight per the manufacturer’s instructions. Always follow the manufacturer’s instructions for your child’s safety seat.
  • Do not use a secondhand safety seat or a seat that has been in a collision or has been recalled. The National Highway Traffic Safety Administration has a tool that allows you to search and see if your child’s seat has been recalled. It is also important to register your car seat! Complete the registration that comes with your child’s car seat to receive notifications if the seat is ever recalled.
  • Your child should not wear a large or puffy coat when in a safety seat, as this can prevent proper fitting of the harness, shoulder or lab belts. We’ve included a link to some tips to help keep your child warm and safe in the winter months while on the road.
  • Car seats should be used for travel only. Do not allow your child to remain strapped into a car seat outside of the vehicle. This practice has resulted in unfortunate infant deaths. Car seats are not a replacement for cribs or bassinets.
  • Do not use a seat that is too old, or has any visible damage, such as cracks or missing parts.
  • Be a role model! Always wear your seatbelt (It’s the law, after all!) and help your child build the healthy habit of always buckling their seat belt when on the road. Remember, click it or ticket!
  • Never leave your child unattended in or around a vehicle.

Your child’s safety is your highest priority as a parent. Ensuring that they are properly restrained every time you drive is the best way to keep your kids safe on the road. We have linked a recent Car Safety Seat Product Listing to help you choose the seat that is right for your child.  For more child passenger safety information, please visit the Georgia Governor’s Office of Highway Safety website.

$6,440,000 Personal Injury Verdict Awarded in Cobb County, GA

A judges wooden gavel is resting on top of the left side of a red hardcover book with the word LAW in gold writting writting with a white paper rolled into a scroll with the words Personal Injury wrtting on the scroll.

A Georgia jury in the State Court of Cobb County awarded a man post-apportionment damages of $3.45 million with an additional $1.84 million in attorney’s fees for injuries he sustained after falling into an unguarded concrete pit beside a golf course clubhouse in Hiram, Georgia.

Insurance Company Rejects Lower Settlement Offers

The verdict came after the Defendant’s insurer rejected numerous offers to settle for less than the insurance policy limits. Plaintiff’s counsel, Joel Williams of Williams Elleby Howard & Easter and Matthew Stoddard of The Stoddard Firm, said that multiple attempts to settle the case were made throughout the course of litigation, culminating with Plaintiff proposing a high-low agreement of $465,000 – $1.5 million after closing arguments (The high low agreement would have limited the Defendant’s exposure to $1.5 million [an amount within the insurance policy limits] if the verdict were for a higher amount but guaranteed the Plaintiff at least $465,000 if the verdict was for less). However, the Defendant’s insurance company declined all of Plaintiff’s offers to settle within its insured’s policy limits, forcing the case to trial and subsequent verdict.

The case was defended by Beth Bentley and Bill Casey of Swift, Currie, McGhee, & Hiers. Stoddard and Williams were complimentary of the professionalism displayed by Bentley and Casey. Williams’ stated, “Beth and Bill are excellent lawyers that did the best they could with a tough set of facts.”

Facts Leading to Fall from Unguarded Concrete Pit

The case initiated from an incident on February 6, 2021, when Plaintiff was invited to a country club in Hiram, GA to pick up his girlfriend who was the bar & grill manager at the club. The Plaintiff arrived at the bar and had some drinks while waiting for his girlfriend to finish her shift. As the bar was closing, Plaintiff’s manager/girlfriend asked him to go put some DJ equipment in his truck. The plaintiff walked outside and put the equipment in his truck. It was a cold and rainy night, so Plaintiff wanted to get back inside. He tried to re-enter the bar & grill, but the Defendant’s employees had locked all the doors and turned off all exterior lights. Plaintiff attempted to call his girlfriend to open the door.

When Plaintiff’s phone calls went unanswered, he decided to walk around the building and see if any other doors were unlocked. He made it around one side of the building when he fell nearly 12 feet from an unguarded retaining wall and into a concrete pit where he landed on his head, broke multiple bones, and sustained a brain injury. In this picture, emergency worker’s can be seen attending to the injured Plaintiff at the bottom of the dark and unguarded pit:

A white building with a deck, without any lights on, in the night.

Plaintiff’s Injuries

Plaintiff was rushed to the emergency room where he spent nearly a week in the hospital. Upon release, he began treating with an orthopedic surgeon who eventually recommended that he undergo a cervical fusion surgery. He had the procedure and recovered well. However, his life was forever changed by the seriousness of his permanent injuries. Plaintiff’s past medical bills at the time of trial were about $362,000.00.

Defendant Failed to Act on Warnings

Testimony revealed that approximately four months prior to the fall, the Defendant hired a landscaping company to remove bushes and trees that acted as a natural barrier around the edges of the concrete pit. The bushes can be seen in this photo (sorry, the picture quality is poor but it is the best picture available):

Picture of bushes and trees in front of a building.

At the time of removal, the landscape company warned Defendant that the pit was dangerous and that they should install a fence to guard the pit. There was also evidence that the unguarded pit violated municipal safety codes previously adopted by the City of Hiram. In additional to violating safety codes, the evidence showed that the Defendant had another concrete pit on the opposite side of its building that was guarded by a metal railing as shown in this photograph:

There is a railing beside a paved concrete slab in front of a white building with a deck.

Furthermore, one of Defendant’s employees testified that she observed children playing tag near the pit. Another employee testified that Defendant discussed concerns about a drunk person falling into the pit at a management meeting prior to the fall. The Defendant’s owner, testified that safety was the company’s number one priority and that the Defendant intended to place a fence along the pit due to safety concerns. Despite all this, a fence was not installed before Plaintiff’s fall because it remained on a to-do “list” while the company completed other projects during its “slow season.” Shockingly, some of those other projects included installing decorative split rail fencing around other areas of the golf course.

The Defenses

Stoddard and Williams said the Defense asserted a plethora of defenses. The defense argued that Plaintiff was a trespasser who never paid for his drinks (despite testimony from the club manager that he saw a tab with Plaintiff’s name on it); that Plaintiff was drunk at the time of the fall; that Plaintiff should have used his phone’s flashlight to see where he was going; that Plaintiff was not allowed on the part of the property where the fall occurred; that Plaintiff left a path and walked through the woods to reach the pit; and finally, that Plaintiff’s spinal injuries were degenerative and not caused by the fall.

Trial Begins

Trial began on December 18, 2023, before Judge Jane Manning in the State Court of Cobb County. Plaintiff’s counsel relied on testimony from Plaintiff, his ex-girlfriend/bar manager, the landscaper, ex-company employees, and Plaintiff’s treating physicians. Defense counsel called two of the Defendant’s employees, along with a code expert, toxicology expert, and neurologist to dispute liability and causation.

In the lead up to trial and throughout, Plaintiff continued to make offers within Defendant’s policy limits to resolve the case. However, Defendants declined all of Plaintiff’s offers, never offering more than $585,000. After a four-day trial, the jury spent about five hours deliberating before returning a verdict for $4,600,000 in compensatory damages. The jury apportioned 25 percent of the fault to Plaintiff, reducing the total compensatory award to $3,450,000. The jury also found there was bad faith in the underlying transaction and awarded $1,840,000 in attorney’s fees pursuant to O.C.G.A. § 13-6-11. In awarding attorney’s fees, the jury found that the Defendant’s conduct demonstrated a conscious indifference to the consequences of its actions (i.e. failing to act on its admitted knowledge of the danger, its failure to heed warnings from its landscaping contractor, its failure to comply with code, and other things).

A redacted legal document, specifically of a verdict form from a personal injury case in Cobb County Georgia where the plaintiff was found 25 percent at fault and the defendant was 75 percent at fault.
A piece of paper showing showing a jury award of $1,840,000 on 12/15/2023.

Stoddard and Williams agree that this is a very sad case involving serious life altering injuries and that this tragedy is made worse by the fact that the Defendant is now facing a judgment that exceeds its insurance limits due to its insurer’s refusal to accept multiple settlement offers within its insurance limits. Plaintiff’s counsel, Joel Williams, explained, “This is the perfect example of what happens when insurance companies refuse to protect their insureds. Insurance companies readily accept our premium payments but they often fall short when we need them to do what we pay them to do: Protect us, and our assets, when we face liability claims. Special interest groups love to blame lawyers for so-called “nuclear” or “excess” verdicts but the truth is that we would rarely see large jury verdicts if insurance companies would accept reasonable settlement offers and protect their insureds when they are given an opportunity to do so, as we did numerous times prior to the verdict in this case.”

The Amount of Compensation I Can Expect for My Personal Injuries?

The front end of a car is smashed after a car wreck. The underside of another car lying on it's side is visible in the background.

How Much Compensation Can I Expect?

If you’ve suffered personal injuries due to an accident or negligence, you’re likely concerned about receiving fair compensation. Understanding the factors that determine the amount of compensation you can expect is crucial for managing your expectations and ensuring a just settlement. In this blog post, we’ll delve into the key aspects that influence personal injury compensation and provide you with valuable insights.

1.  Nature and Extent of Injuries:
The severity and long-term implications of your injuries play a significant role in determining the compensation amount. More severe injuries, such as spinal cord damage or traumatic brain injuries, often result in higher compensation due to their substantial impact on your life, including medical expenses, rehabilitation, and loss of earning capacity.

2.  Medical Expenses:
Compensation should cover all reasonable and necessary medical expenses associated with your injuries. This includes hospital bills, surgeries, medications, physical therapy, assistive devices, and ongoing treatments. It is crucial to keep track of all your medical bills and related expenses to ensure they are factored into your compensation claim.

3.  Loss of Income:
If your injuries have caused you to miss work or rendered you unable to continue working in your previous capacity, you may be entitled to compensation for lost wages. This includes both the income you have already lost due to the injury and potential future earnings that may be affected.

4.  Pain and Suffering:
In addition to financial losses, compensation also takes into account the physical and emotional pain and suffering you have endured. This category is subjective and often calculated using formulas based the specific facts of your case, the severity of the injuries, and their impact on your daily life.

5.  Property Damage:
If your personal injuries resulted from a car accident or similar incident, compensation may also include the repair or replacement cost of damaged property, such as your vehicle or personal belongings.

6.  Comparative Negligence:
In some cases, the court may consider the degree of fault or negligence on your part and reduce the compensation amount accordingly. If it is determined that you or a third-party contributed to the accident or injury, your compensation may be adjusted proportionally.

7.  Insurance Coverage:
The insurance policies involved, such as auto insurance or liability insurance, can have a significant impact on the compensation you receive. Policy limits and coverage types may restrict the maximum amount available for your claim. Consulting with an experienced personal injury attorney can help you navigate through the complexities of insurance claims.

8.  Legal Representation:
Working with a skilled personal injury lawyer can make a substantial difference in the outcome of your case. A knowledgeable attorney can assess the unique circumstances of your situation, negotiate with insurance companies, and build a strong case to maximize your compensation.

Determining the exact amount of compensation for personal injuries can be complex, as it depends on various factors specific to each case. While there is no “one size fits all” answer, understanding the key elements involved can help you gauge the potential compensation you may be entitled to. Remember, seeking legal advice from a qualified personal injury attorney is crucial to ensure you receive the compensation you deserve. Stay informed, document your losses, and call us today to discuss your case. The attorneys at Williams Elleby Howard & Easter will advocate for your rights during this challenging time. 833-LEGALGA.  Be sure to check out our YouTube channel for our video on this topic and many more.

What is The Statute of Limitations on a Personal Injury Claim?

Legal book titled "Statute of Limitations" next to a gavel, law books, and a fountain pen on a lawyer’s desk in Kennesaw Georgia.

Personal injury claims arise when an individual is injured due to the negligent or intentional acts of another person or entity. These claims range from car accidents and slip and falls to medical malpractice and product liability. If you are considering filing a personal injury claim, one of the first things you need to know is the statute of limitations that applies to your case. In this blog post, we discuss what the statute of limitations is, how it works, and how it can affect your personal injury claim.

What is the Statute of Limitations?

The Statute of Limitations is a law that sets a time limit for filing a lawsuit. This time limit varies depending on the type of case and the jurisdiction where the case will be heard. In the context of personal injury claims, it is the time limit for filing a lawsuit against the party responsible for your injuries.

How does the Statute of Limitations work?

The statute of limitations clock begins ticking on the date of the injury or when it was discovered. Once the clock starts ticking, the injured party usually has a set amount of time to file a lawsuit. If the injured party fails to file a lawsuit within the specified time frame, the case will likely be dismissed by the court. It’s important to note that this time frame is a strict deadline and courts rarely make exceptions.

How does the Statute of Limitations affect your Personal Injury Claim?

It is an important factor to consider when filing a personal injury claim. If you miss the deadline, you may lose your right to seek compensation for your injuries. Therefore, it’s crucial to act quickly and consult with an experienced personal injury lawyer as soon as possible. A lawyer can help you determine the applicable statute of limitations and ensure that your claim is filed within the required time frame. Failing to file a claim prior to the statute running out is cited in our article on Seven Biggest Mistakes People Make After an Injury

The length of the statute of limitations can vary depending on the state and the type of personal injury claim. In some states, the statute of limitations for personal injury claims is as short as one year, while in others, it can be several years. Additionally, some states have different statutes of limitations for different types of personal injury claims, such as medical malpractice claims or claims involving government entities.

Conclusion

If you have been injured due to the negligence or intentional act of another party, it’s important to act quickly and consult with an experienced personal injury lawyer. The statute of limitations can affect your ability to seek compensation for your injuries, so it’s crucial to understand the applicable time limit and ensure that your claim is filed within the required time frame. Experienced lawyers at Williams Elleby Howard & Easter can help you navigate the legal process and fight for the compensation you deserve.

Call us today at 833-LEGALGA

How Long Does It Take To Settle A Personal Injury Case?

Close up of Business people shaking hands, finishing up meeting.
If you’ve been injured in an accident that wasn’t your fault, you may be wondering how long it will take to settle your personal injury case. Unfortunately, there is no one-size-fits-all answer to this question, as the length of time it takes to settle a personal injury case can vary widely depending on a number of factors. In this blog post, we’ll explore some of the factors that can impact the timeline for settling a personal injury case.
1. The Severity of Your Injuries
One of the biggest factors that can impact the timeline for settling a personal injury case is the severity of your injuries. If you have suffered serious injuries that require extensive medical treatment and rehabilitation, it may take longer to settle your case as your attorney will need to gather all of the necessary medical records and bills to calculate the full extent of your damages.
2.  The Complexity of Your Case
The complexity of your case can also impact the timeline for settlement. If liability is clear and there are no disputes over the extent of your damages, your case may settle quickly. However, if liability is disputed or there are multiple parties involved in the accident, it may take longer to negotiate a settlement.
3.  The Insurance Company
The insurance company involved in your case can also impact the timeline for settlement. Some insurance companies are more willing to negotiate a fair settlement than others. Some may try to delay or deny your claim in order to reduce their payout. If the insurance company is being difficult, it may take longer to settle your case.
4.  The Negotiation Process
The negotiation process can also impact the timeline for settlement. Your attorney will need to gather all of the necessary evidence and documentation to support your claim, and then negotiate with the insurance company or other parties involved in the accident to reach a fair settlement. This process can take time, especially if there are multiple rounds of negotiation required.
5.  The Court System
If your case goes to court, the timeline for settlement can be even longer. Court cases can take months or even years to resolve, and you will need to wait for a court date to be set before your case can be heard. In some cases, it may be necessary to file a lawsuit in order to get the compensation you deserve. In general, it’s important to remember that settling a personal injury case can take time. The attorneys at Williams Elleby Howard & Easter will work diligently to negotiate a fair settlement, but the process can be complex and may require patience and persistence. If you’ve been injured in an accident, it’s important to speak with an experienced personal injury attorney as soon as possible to discuss your case and learn more about the potential timeline for settlement.  Call Williams Elleby Howard & Easter at 833-534-2542.  Be sure to check out our YouTube channel for our video on this topic and many more topics. .

Do I have a Personal Injury Case?

A bandaged hand writing the words, "accident, injury, claim, and compensation" in red marker on a clear screen.

If you have been injured due to someone else’s negligence, you may be wondering if you have a personal injury case. This is a common question, and the answer depends on several factors. In this blog post, we will explore what constitutes a personal injury case and how to determine if you have one.

 What is a Personal Injury Case?

 A personal injury case arises when a person is injured due to the negligence or wrongdoing of another person, business, or entity. The purpose of a personal injury case is to seek compensation for the harm and losses caused by the injury. This compensation may include medical expenses, lost wages, pain and suffering, and other damages.

 Examples of personal injury cases include car accidents, slip and falls, medical malpractice, product liability, and workplace accidents. In each case, the injured person (plaintiff) must prove that the other party (defendant) was negligent and that this negligence caused the injury.

How to Determine if You Have a Personal Injury Case

 To determine if you have a personal injury case, you should consider the following factors:

 Was there negligence involved?

To have a personal injury case, you must prove that the other party was negligent. This means that they failed to exercise reasonable care and that this failure caused your injury. Negligence can take many forms, such as a driver who runs a red light or a property owner who fails to fix a hazardous condition.

 Did the negligence cause your injury?

Even if the other party was negligent, you must prove that this negligence caused your injury. For example, if you slip and fall on a wet floor in a store, you must show that the wet floor caused your fall and resulting injuries.

 Did you suffer damages?

To obtain compensation in a personal injury case, you must have suffered damages as a result of your injury. Damages can include medical expenses, lost wages, pain and suffering, and other losses. However, if you were not injured or did not suffer any losses, you may not have a personal injury case.

 Is there a deadline to file a claim?

In most cases, there is a deadline (statute of limitations) for filing a personal injury claim. This deadline varies by state and type of case, so it is important to consult with an attorney as soon as possible to ensure you do not miss the deadline.

 Attorneys Joel Williams and Chase Elleby examine the things that should be considered in determining “Do I have a Personal Injury Case?” in this video:

Consult with an Attorney

If you believe you have a personal injury case, it is important to consult with an attorney who specializes in personal injury law. An attorney can evaluate the facts of your case and determine if you have a valid claim.

They can also help you navigate the legal process and negotiate with insurance companies to seek the compensation you deserve.

If you have been injured due to someone else’s negligence and have suffered damages, you may have a case. To determine if you have a case, consider the factors listed above and consult with one of our experienced attorneys today!  Call us at 833-LEGAL-GA.

Common Myths about Personal Injury Attorneys

Blurry image of a man in a suit in the background pointing toward a collection of lawyer associated words in the foreground.

For those that have never needed a personal injury attorney, it might be easy to believe or perpetuate the common myths we hear about our profession.  Let’s address the common myths we hear and explain what really happens at a personal injury firm.

Myth #1: Lawyers Will Sue for Anything

Technically you can sue for anything, but good lawyers consider the cost and if there is a credible claim to be made. Most personal injury attorneys are fronting their own money and advancing case expenses for your case.  Attorneys will only bring claims they believe have merit or a reasonable chance for success.

Myth #2: Lawyers Take All The Money

Personal injury attorneys work on contingency, meaning they do not get paid unless their clients get paid.  Injury attorneys earn a percentage of the recovery, the amount settled for or awarded at trial.  The percentage amount varies based on the type of case and whether the case is in suit or not in suit. Most attorneys charge somewhere between 30% and 40% for the vast majority of injury cases.

Myth #3: Lawyers Chase Ambulances

Any reputable lawyer is not going to “chase down” cases however, there are some lawyers and even non-lawyers that try to find cases and then sell those cases to other lawyers.  Unfortunately, this does happen, but it is not fair to assign that stigma to all personal injury attorneys. Reputable attorneys do not find you in the emergency room or contact you after an injury.  If an attorney is approaching you about a car wreck offering his or her representation, please know that is unethical and against the law.  You do NOT want an attorney that chases you because that means they are so desperate for clients that they are willing to violate legal and ethical rules just to gets clients.

Myth #4: All Cases are Worth A Million Dollars

You don’t want a million-dollar injury case because if your case is worth that much, something life altering happened and you are terribly injured.    Each case is different and evaluated on many factors that include property damage, severity of injury, treatment, pain and suffering, missed work, and so on.  Personal injury attorneys try to get you what is fair and reasonable based on your unique case.

Myth #5: All Personal Injury Lawyers Try Cases

It is important to know that not all personal injury attorneys try cases.  Some attorneys will not even put cases in suit, meaning they won’t file a complaint or do litigation to get maximum value for your case.  These attorneys look to settle cases early and as fast as possible because that is their business model.  Injury victims should always ask about a lawyer’s trial experience before deciding whether to hire the lawyer.

Myth #6: Lawyers are Too Expensive

Some people believe you have to pay a retainer in order to hire an attorney.  That is not the case with personal injury attorneys.  Again, most injury lawyers work on a contingency fee basis, meaning they don’t get paid until they obtain a financial recovery for their client.  Contingency fees are variable as discussed in Myth #2 above; however, if an injury attorney wants to charge 45%-50% for a simple car wreck case, they are likely asking too much. Take your time and interview several attorneys, ask about their contingency fee, then choose the right one for you. 

Myth #7: Lawyers Drive Away Business from the State

This myth was generated by politicians. Any reputable business is going to have insurance. Attorneys will almost always give corporations and individuals the opportunity to settle their case within their insurance limits.  Good attorneys are not in the business of forcing people into bankruptcy or running businesses into the ground.  Of course, attorneys want to ensure their clients are fully compensated for their damages. However, forcing someone into bankruptcy doesn’t benefit anyone, not even the injured client because the full judgement is rarely collectible when the defendant is in bankruptcy.  Politicians might try to speak about a rare case to vilify someone or increase their political platform, but those politicians are usually speaking on behalf of the insurance industry and the lobbyists who fund their election campaigns.

Myth #8: My Lawyer Can Solve My Problems

An individual lawyer cannot solve all of your legal problems.  Attorneys, just like doctors, specialize.  For example, our firm can help you with personal injury matters such as a car wreck case, slip and fall, bicycle accident, medical malpractice, burn injuries and more, but we are not the firm to call when you are getting a divorce or find yourself in a criminal case.  Remember to seek out and ask for an attorney that has expertise in your area of need.

What You Should Know BEFORE a Car Wreck

Aftermath of a car crash showing a silver car with the front end smashed in.

Let’s start by saying we hope you never need to hire an attorney.  We hope you never end up in a car wreck, but the unfortunate reality is car accidents are a fact of life.  Whether you are at fault or not, car accidents are on the rise.  According to the National Highway Traffic and Safety Administration, over 5,200,000 million collisions happened over the course of year (2020).  After working with a lot of first time personal injury clients who maybe waited too long to call an attorney or made a misstep before contacting us, we often hear the comment, ‘I wish I knew this before getting in a car wreck…’ Here is our advice to those who have yet to be in an accident, based on what our clients wished they knew.

Don’t Trust the At Fault Insurance Company

The number one thing our clients wish they knew before getting into a wreck was to not trust the at-fault insurance company.  The at-fault insurance company is the company that represents the at-fault driver.  The at-fault insurance company’s interest is not aligned with yours.  Do not trust them when they say things like, ‘hey, we’ll take care of you,’ or ‘send us your bills and we will pay them.’  After sending them your medical bills, they will likely come back and argue the bills are too high. Insurance companies will say they only need to pay what is “reasonable and necessary,” so they can always argue the treatment you received or the amount you paid was not reasonable or necessary.

Don’t Wait Too Long to Seek Treatment When You’re Hurt

If and when you are involved in an auto accident, do not wait too long to seek medical treatment. Insurance companies will argue that gaps in seeking and receiving treatment make it look like you were not really injured or that your injuries were so minor that you didn’t need treatment.  The reality is, you might feel fine at first but after a couple of days, symptoms of your injuries start to occur.  We have also seen clients waiting to seek medical treatment in hopes that their injuries will get better on their own with time.  If you wait too long before seeking treatment or don’t follow your treatment plan according to your medical providers’ instructions, this can hurt your personal injury case.

Make Sure Your Car is Worth More Than What You Owe — Gap Coverage Insurance

Sometimes the market is what it is and this is not always something you can avoid, but if possible, owing less on your car than what it is worth is ideal.  If you are in an accident and your vehicle is totaled, the insurance company is only required to pay you the “fair market value” of your car.  So for instance, if you can sell your car for $20,000 but you owe $30,000 on it, the insured only has to pay $20,000 for that vehicle.  This is where gap coverage comes in handy.  If you suspect you could ever be in a situation where you owe more than your car is worth, gap coverage on an insurance policy will cover the difference between what your car is worth and what was owed on it before being totaled.

Make Sure You Have Uninsured Motorist Coverage

Uninsured motorist coverage is essential in the event you are hit by someone with no insurance or not enough insurance to cover the accident.  You can learn more about uninsured motorist coverage here.

“Full Coverage” is Rarely Full Coverage

We often hear first time clients say things like, ‘Don’t worry, I have full coverage,” only to find out they have minimum limits coverage.  Some insurance agents will tell you they’ll get you “full coverage,” simply meaning you’re fully covered to legally drive in your state.  Fully covered to drive does not mean you are adequately protected if you cause a wreck and cause bad damages or if somebody hits you and causes bad damages.  Don’t just settle for “full coverage”.  Really look into your policy and find out what kind of coverage is written into your policy and whether the amounts of coverage provide sufficient protection for your personal situation.

If You’re Able, Gather Information at the Scene

Pictures, video, witness names and contact information from the scene can be instrumental in your personal injury claim after a car wreck.  It is amazing how several people can be involved in the same event and have different recollections of what happened.  Don’t always rely on the investigating police officer to record names and contact information of witnesses.  The officer might include information from witnesses but not always record their contact information for use later. Any documentation you are able to collect at the scene will be helpful in winning your case later on down the road.

Hire a Good Personal Injury Attorney

If you get into an accident, make sure to hire a good personal injury attorney.  Do your research.  Examine websites, read reviews, ask friends and family that have used an attorney before, and set up a free consultation to meet with potential attorneys to feel them out.  You want to hire the best attorney for you and your case.

If you’ve been injured in a car accident and are looking for a personal injury attorney, schedule a free consultation with us today! Joel Williams and Jared Easter are experienced car wreck attorneys who can help you settle your case.  833-LEGALGA

What Should I Do If I’m Hit by an Uninsured Driver?

Multiple vehicles with severe collision damage at the scene of a crash involving an uninsured driver.

There are several things you should be aware of if you are hit by an uninsured driver. A driver may have an insurance card at the scene of a wreck but you have no way of knowing whether that insurance is expired, whether it applies to that particular vehicle, or whether that driver has permission to be driving that vehicle. So what should you do if you’re hit by an assumed uninsured driver?

Find out if the driver is, in fact, an uninsured driver.

Being hit by an uninsured driver could mean a handful of things.  There could be no insurance on the vehicle or the person that hit you may not be authorized to drive that vehicle. An attorney can determine whether the at-fault driver is uninsured by looking at the police report and sending a letter to the applicable insurance company to find out if that person is a proper driver.

Notify your own insurance company.

Most automobile insurance contracts require you to notify the insurer about any car accident within a reasonable time. If you do not comply with the terms of the insurance contract, your insurer may deny coverage.  If you have been hit by an uninsured driver, the uninsured motorist coverage of your policy would be utilized to cover any damages you suffered in the wreck.  If you are hurt by an uninsured driver, it is best to speak with an attorney because your own insurance company is going to defend that case against you, which puts you in a tricky position.

 Identify all insurance policies.

There are many different types of insurance policies and it is important to locate and share them all with your attorney.  Some insurance companies write specific policies for each vehicle in a household where as others write one policy that covers all vehicles in a home. 

Additionally, most all of your common insurance companies have what is known as resident relative coverage. This means that all relatives from the same household are entitled to use insurance policies from all other relatives in the same household, regardless of company.

 Treat your wreck like any other wreck.

Just like if you were hit by an insured driver, follow the same steps we suggest doing after any wreck.  Click here to read the 7 MOST IMPORTANT things to do after an accident. 

 If you are the victim of a hit and run, your case would be treated the same as if you were hit by an uninsured driver.  Your own insurance company is going to defend that case against you, so it is important to document as much as you can, take photos, look for witnesses, and seek medical treatment.

If you have been hit by an uninsured driver and would like to discuss your case, call Attorney Jared Easter at Williams Elleby Howard & Easter for a free consultation.  833-LEGAL-GA.  

How Do I Prove Lost Wages in a Personal Injury Case?

One construction worker wrapping an injured arm of another construction worker with construction equipment in the background.

If you have been injured and are forced to miss work or miss the opportunity for work, you can seek lost wages as an item of damages from the at-fault insurance company.  A common question we are asked is, “how do I prove lost wages in a personal injury case?”

W-2 Employee

Proving lost wages for a W-2 employee is pretty clean and simple.  If you are a W-2 employee, someone who gets paid the same amount every two weeks, the easiest way to prove lost wages is to get a pay stub.  From your pay stub, calculate your hourly rate and multiply that by the number of hours you were forced to miss work.

1099 Employee

Currently though, we have an increasing ‘gig economy,’ a free market system in which temporary positions are common and organizations hire independent workers for short-term commitments” (Tech Target, 2022).  Most gig employees are paid by 1099, meaning hours of work are not necessarily consistent.  So if a 1099 employee is forced to miss work due to a personal injury, it is more difficult to prove how much work, or compensation, was actually missed.

The best way to prove lost wages for a 1099 employee is to average out your typical compensation and hours worked.  The longer the history of contract work available, the easier this is to do.

Another way to prove lost wages is to show documentation of work you were scheduled to do, that now will be delayed or canceled due to your personal injury.  Documentation of scheduled work could be a text, email, or signed contract showing the type of work and compensation agreed upon by both parties.

Business Owners

Unless you are in a real niche industry, a business owner’s income fluctuates with the success of the business.  Therefore, a business owner’s lost wages can be more difficult to prove in a personal injury case.  Business owners need to review their tax documents, profit and loss statements, and more to determine a reasonable income or compensation for missed work.

Proving lost wages for 1099 employees and business owners is made easier with a history of earnings. Trying to extrapolate figures from your history of work to projections of what you would have earned had you not missed work due to a personal injury is how we go about calculating lost wages.  This does not have to be proven with exact certainty;  a reasonable projection of what you would have earned is legally sufficient in most states.

One thing to keep in mind when you receive damages for lost wages is that money is taxable.  As opposed to money you might receive for bodily injury, medical bills, or pain and suffering, money for lost wages is still and will be considered taxable income.  For this reason, depending on your case and the size of your claim, it may or may not be in your best interest to make a claim for lost wages. For instance, if you have a million dollars worth of medical bills and catastrophic lifelong injuries, it might not be worth arguing a small lost wages claim—you want the court to focus on your larger claims and your attorney will have more leeway to argue for an overall larger award that is not taxable.  This allows you to benefit the most from the money awarded to you for your personal injury.

If you have been injured due to someone else’s negligence and would like to discuss your case for free with one of our attorneys at Williams Elleby Howard & Easter, please give us a call at 833-LEGAL-GA.