Hotel Premises Liability Cases

hotel liability case

Understanding Hotel Premises Liability Cases

Georgia is a unique state in terms of its geography, history and culture. According to the Georgia Department of Economic Development, our state welcomed a record 111.7 million visitors in 2018. Millions of these people stayed in our hotels, and Georgia tourism has become a $68.96 billion industry.

The hotel industry profits enormously from tourism and travel in Georgia. In return, hotels that do business in Georgia have a duty to keep their hotels safe for visitors. Despite this duty, thousands of personal injuries occur each year in Georgia hotels. Some of these accidents are unavoidable, and other times hotel patrons irresponsibly cause harm to themselves in ways the hotel can’t control. But in a majority of cases, a hotel is at fault for failing to maintain the safety of the hotel premise.

Georgia Premises Liability Claims Against Hotels

Premises liability claims in Georgia derive from Title 51 Chapter 3 Section 1 of the Official Code of Georgia. This law holds that when landowners invite others onto their property, including when hotels invite people to stay in the hotel, they must “exercise ordinary care in keeping the premises and approaches safe.” This duty of ordinary care means hotel rooms and other hotel spaces must be free from conditions that could cause harm. It also means hotels must take reasonable precautions to maintain hotel security and ensure areas like workout rooms and swimming pools are safe for guests.

When is a Hotel Liable for Injuries?

There are many instances in which a hotel may be liable, and there are a few cases that have taken place in our area. If you’ve been harmed because of an unsafe condition that existed in a hotel, you may be entitled to compensation. The key to determining if a hotel is liable for the harm depends on whether the hotel failed to “exercise ordinary care.” There are several important factors that go into this determination, including:

  1. The condition that caused the harm must be dangerous or unreasonable
  2. The hotel must have failed to remedy the condition and/or failed to warn hotel patrons about the risk, even though it had the opportunity to do so
  3. The dangerous condition must have caused the harm

What is Involved in a Hotel Premises Liability Case?

These elements may seem simple, but hotel premises liability cases are often highly complex and hotly contested. Hotels will fight tooth and nail to avoid liability in court. Hotels that are a part of a larger chain may put up a particularly tough fight. Proving that a condition was dangerous and that it was the cause of the harm often requires expert witnesses and eyewitness testimony. In some cases, a medical expert may also be necessary to explain to the court exactly how the hotel defect caused the harm.

However, it is not enough to prove that a dangerous condition existed and caused the harm. A hotel must have negligently failed to fix the problem. This means it must be proved that a hotel knew or should have known about the condition and failed to fix the problem or warn patrons about it.

Georgia courts follow the “superior knowledge” doctrine, which holds that a hotel must have had superior knowledge of the dangerous condition when compared to the plaintiff. Therefore, if a plaintiff was aware of the danger but ignored the risk, the business may not be liable, even if they knew or should have known about the risk. Proving that a hotel could have or should have remedied the problem can also require large amounts of evidence, such as hotel records or surveillance footage.

If You’ve Been Injured While Staying at a Georgia Hotel, Call Williams Elleby Howard & Easter Today to Discuss Your Case

If you or a loved one has been injured in a Georgia hotel, the legal team at Williams Elleby Howard & Easter can help you get the compensation you deserve. Williams Elleby Howard & Easter offers free consultations and accepts cases on a contingency fee basis. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter represents clients in all areas of Georgia. To discuss your case, call 833-LEGALGA (833-534-2542).

 

15 Situations Where You Need a Personal Injury Attorney

A red car crashing into a yellow car with the title, "15 situations where you need a personal injury attorney".

Do you know when to hire a personal injury attorney? A personal injury claim results after you have been injured due to the negligence of someone else. It may be confusing to know what types of injuries warrant a personal injury claim, so our team has gathered 15 situations to help you understand when to contact a personal injury attorney.

Situation 1:

After a Car Wreck

Car accidents are one of the most common types of personal injury claims. Calling a personal injury attorney immediately after a car wreck is crucial in order to document the scene, your injuries and your property damage. A personal injury attorney can also help guide you through the insurance process with the at-fault driver to avoid false claims.

Situation 2:

After a Fall at a Business

If you take a tumble at a commercial establishment, call a personal injury attorney with knowledge about Georgia Premises Liability Law. It’s important to hire a lawyer quickly so he or she can preserve the necessary elements of your case such as video or incident reports.

Situation 3:

After a Criminal Attack at an Apartment or Hotel

If you have been attacked, assaulted or harmed by a criminal at a hotel, apartment or other commercial establishment, a personal injury attorney can assist you and investigate if you have a viable negligent security claim. This process involves assessing the criminal history of the property and the actions taken by the owner/manager of the establishment.

Situation 4:

After You are Hit by a Drunk Driver

You may be entitled to punitive damages for both bodily injuries and property damages after being involved in a DUI wreck. Many attorneys and insurance adjusters don’t recognize property damage as punitive damage, so make sure to hire a knowledgeable attorney if you find yourself involved in a DUI accident.

Situation 5:

After You Hire a Lawyer Without Personal Injury Expertise

We get it, you may have a friend or family member who is an attorney so you turn to them when you need a lawyer. However, their expertise may not lie in the personal injury realm. It’s important to hire a personal injury attorney for personal injury cases to help maximize your claim and properly guide you through your case.

Situation 6:

After You are Hit on a Bicycle

Georgia roads are dangerous, especially when biking on busy or residential streets. If you are hit by a motorist, you may need a personal injury attorney to help recover for your bills and for your pain and suffering. Motorists and bicyclists both have a duty to follow rules of the road, but sometimes motorists fail to pay attention or fail to adhere to safety laws. Call a personal injury attorney to get your claim settled.

Situation 7:

After You are Hurt by a Medical Professional

Errors can happen during medical procedures and treatments, however we expect our medical professionals to exercise a reasonable degree of care and skill. If you suffer an injury due to the lack of such care, you may be entitled to compensation. In the state of Georgia there are certain aspects of a medical malpractice case that must be proven using expert testimony. It is important to hire a personal injury attorney quickly so they can help find an expert for your case and let you know if you have a viable case that is worth pursuing.

Situation 8:

After You are Hit by a Driver Insured by Allstate

Over the past 5-10 years, Allstate has developed a reputation for being one of the most difficult insurance companies to deal with when it comes to getting fair settlement values for your claims. Being involved with a driver insured by Allstate will likely result in trial. This can be avoided by hiring an experienced personal injury attorney immediately to ensure you receive the settlement you deserve.

Situation 9:

After Your Child is Injured at Daycare

As parents, we often trust our children to childcare professionals for proper care and supervision. Unfortunately, injuries happen at daycare facilities due to the negligence of management and employees. Common daycare personal injury cases include improper supervision, improper handling, letting a child consume something they are allergic to and exposure to dangerous objects or equipment. If your child was injured at daycare, reach out to Bright from the Start and your local authorities to begin an investigation. You will then need to hire a personal injury attorney to assess the situation and determine if a claim can be made.

Situation 10:

After a Tractor Trailer or Big Truck Wreck

Claims involving trucking accidents can be complex and it is important to hire an experienced personal injury attorney who handles big truck accidents. When hiring a personal injury attorney for a case involving a tractor trailer or other large vehicle, make sure they are knowledgeable about the Federal Motor Carrier Safety Administration’s rules and regulations that apply to trucking companies and their drivers.

Situation 11:

After a Dog Bite

An injury caused from a dog bite can be traumatic and painful. It is important to contact a personal injury attorney who is familiar with this sort of personal injury claim. There are certain rules that go along with proving liability toward a pet owner, such as proving dangerous propensities or determining a potential violation of leash laws. An experienced personal injury attorney will be able to help you find out if you have a viable case.

Situation 12:

If You Don’t Have Health Insurance

If you have been injured due to someone else’s negligence but you do not have proper health insurance, we suggest contacting a personal injury attorney. Most reputable personal injury attorneys in Georgia have connections to medical providers that can treat you on a lein-basis and help you receive the quality care you deserve after an accident.

Situation 13:

After a Car Hits a Pedestrian

Georgia statutes determining who has the right-of-way between a pedestrian and a motorist can be confusing. If you’ve been hit by a motorist as a pedestrian, hire a personal injury attorney to identify insurance and properly advise you on whether you have a viable claim.

Situation 14:

If You are Injured by a Falling Tree or Limb

If you have been injured by a falling tree or tree limb in an urban or heavily populated area of Georgia, hire a personal injury attorney. If the owner of the property is aware of damage or disease on the tree, they can be held responsible for your injuries.

Situation 15:

After Someone Kills Your Loved One

The death of a loved one is hard enough on a person. If the death was caused by another person due to a car wreck, negligent security issue, medical malpractice, etc., a personal injury attorney can take the legal issues off of your plate and determine a wrongful death case.

We understand that the time following these accidents can be confusing, traumatizing and isolating. However, you do not have to face a lawsuit alone. We help our clients get the compensation they deserve. To learn more, call 833-LEGALGA or contact us online to schedule a free consultation.

15 Questions To Ask Before Hiring a Personal Injury Attorney

A wooden gavel behind the title 15 questions to ask before hiring an attorney.

Hiring a personal injury attorney can be a daunting process. There are many choices and aspects to consider. But, discovering which attorney is best for you and your personal injury case can be easier than you think. Our team has gathered 15 questions you should ask before hiring any attorney.

Question 1:

What types of cases are you handling right now?

No matter the type of legal case, you want to be a priority for your attorney. As a personal injury victim, you do not want to have a distracted attorney who is busy handling a divorce or property line disputes. A way to prevent this is by finding an attorney who focuses their practice strictly on personal injury cases. Not only will this increase your chances of taking precedence, but it will also ensure that your attorney is familiar with the pre-suit process.

Question 2:

Can I have your cell phone number?

Communication is vital to a healthy attorney-client relationship. While email and letters can be effective, sometimes it is not enough. You deserve to know exactly what is going on with your case. Find an attorney who is willing to give you his or her cell phone number to ensure that you will have open communication about your case.

Question 3:

Will you be the attorney handling my case?

Some law firms have designated attorneys to speak with clients. However, this may not be the attorney who will take your case. They may give your case to a junior associate or even a different law firm. To prevent your case from being handed off to others who may be less experienced, ask this question before hiring the attorney.

Question 4:

How many cases have you tried before a jury?

Not all cases can be handled quickly and out of court. You want an attorney who is experienced in front of a jury and prepared to take your case to trial to obtain the compensation you deserve. Hiring an experienced trial attorney could make the difference in your recovery if your case has to be tried.

Question 5:

How much will it cost to hire you?

Most attorneys work on a contingency fee basis, meaning if they win your case, they get paid a percentage of the gross overall recovery that you are awarded in your case. You will want to make sure that percentage is reasonable. You should be aware of how the firm manages the expenses they advance on your behalf. Ask them about interest and overhead. These expenses can add up and be the difference of thousands of dollars in legal fees.

Question 6:

How many cases do you handle at one time?

Again, you need to make sure your attorney dedicates the proper amount of time to your case. If an attorney handles several cases at one time, then they may not have enough time to devote to you. As previously mentioned, the amount of time an attorney gives to your case ultimately impacts the amount of recovery you receive. Plus, being one of several cases may foster a bad relationship between you and your attorney.

Question 7:

What percent of your time is spent working cases?

Some attorneys busy themselves with business management practices. You need an attorney who spends a great deal of time focused on trying cases. You should be confident in the amount of time your attorney spends working on cases and make sure your case receives the attention you deserve.

Question 8:

How often will I receive updates on my case?

A lack of case updates is the number one complaint from clients to the State Bar. All attorneys have a duty to communicate with their clients. To understand what communication efforts to expect from your attorney, ask them this question. This will ultimately promote a healthy attorney-client relationship.

Question 9:

How long do you think my case will take?

Cases can take anywhere from a few months to a few years. Due to all the factors that play a part, your attorney will not be able to give you an exact number. However, they should be able to give you a general estimate. It is always best to have similar expectations as your attorney when understanding the general timeline of your case.

Question 10:

What are the weaknesses of my case?

In order to receive the maximum recovery, you will need to show your case in the best light. Having an attorney that knows your case’s challenges is key. This way, they know how to best present your case and prevent any shocking revelations while your case is being tried.

Question 11:

What happens if I need to fire you?

Make it easier on yourself in case this event occurs. Ask this question before hiring anyone so that you and your attorney are on the same page. Having to fire an attorney is already stressful. Knowing how to fire someone and the consequences can relieve some of the stress. Plus, it can prevent you from having to pay unexpected fees and expenses.

Question 12:

Are you willing to try my case?

There are lawyers who want to settle no matter what. This can limit your overall recovery costs. However, trial lawyers have better results all around. This is often because insurance companies are aware that trial lawyers will fight for the maximum recovery. Having someone truly in your corner is much more beneficial than hiring someone who wants to make a quick buck.

Question 13:

How long will it take to return my phone calls?

Again, communication is key when it comes to your satisfaction with your attorney. Asking this question is a great way to know what to expect from your attorney. While they could be busy with another case or deposition, there should be a reasonable turnaround time for any questions you have.

Question 14:

Can you guarantee a certain amount?

This is a trick question to ask your attorney. Any attorney that guarantees a certain amount is misguided and needs to be avoided. It is against the law to guarantee any recovery amount. However, many attorneys may be able to give you an estimate of what they think the case is worth, which is much more reasonable.

Question 15:

Can you explain all aspects of the claims process?

This question will serve three purposes: determine expectations for your suit, ensure the attorney’s knowledge of the claims process and show the attorney’s amount of patience for your questions. You need to be comfortable with their reaction and response to this question before you hire that attorney.

We hope these questions provide you with the information and confidence you need to hire the right personal injury attorney. Remember, communication and the right expectations are key to having a successful experience. If you or a loved one needs a personal injury attorney in Georgia, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our experienced personal injury attorneys. We are committed to fighting for and protecting our clients.

Williams Elleby Howard & Easter – Best Local Attorney for Fourth Year in a Row

Two adult males conversing with a 2021 readers choice award label between the two of them.

For the fourth consecutive year, Around Acworth magazine has honored Williams Elleby Howard & Easter with a Reader’s Choice Award for Best Attorney.

“We’re excited, proud and humbled to receive an Around Acworth 2021 Readers’ Choice Award,” said Joel Williams, founder and partner at Williams Elleby Howard & Easter. “This award marks four years of recognition for our commitment to serving local Acworth clients. After the challenging year we have all faced, we are thankful to our clients for trusting us to handle their personal injury cases.”

The winners of the Around Acworth Readers’ Choice Awards are nominated in their respective categories and voted on by the community. This award celebrates entrepreneurial spirit and keeps readers’ focus on supporting local businesses. 

“It is a privilege to fight for justice for our clients, especially during some of the most difficult times of their lives,” said Chase Elleby, partner at Williams Elleby Howard & Easter. “I’m proud of the accomplishments our team has achieved on behalf of our fellow Georgians over the past year, and we appreciate the opportunity to serve those in vulnerable positions following a personal injury.” 

Attorneys Joel Williams and Chase Elleby are based in Kennesaw but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. For more information about the firm, visit www.gatrialattorney.com or follow the firm on Youtube, Facebook, Instagram, LinkedIn and Twitter.

Chase Elleby Graduates from GTLA LEAD Program

A headshot of a professional male behinf the caption Chase Elleby graduates from georgia Trial Lawyers association LEAD Program.
Kennesaw, GA (May 12, 2021) – Williams Elleby Howard & Easter is proud to announce two achievements by firm partner Chase Elleby – his graduation from Georgia Trial Lawyers Association (GTLA) LEAD Program, and his election to President of Cobb County Bar Association Younger Lawyers Division.  The GTLA LEAD Program (LEAD stands for “Leadership Education & Advanced Direction”) was founded in 2013 for the purposes of educating GTLA’s youngest and newest members on both the benefits and expectations of membership and building strong relationships between young promising trial lawyers from all four corners of Georgia as well as diverse trial practice areas. Its mission is ultimately to better prepare tomorrow’s leaders, today.  Through an intense application review and selection process, 18 attorneys, including Elleby, were chosen to participate in the program in August 2020. The GTLA LEAD Program includes qualified applicants with less than 10 years of experience working in a legal practice, or those who are 35 years old or younger. The program consisted of six sessions throughout the state in which members heard from judges, legislators and other attorneys about various topics covering law, politics and general leadership. “It was an honor to be selected to the GTLA LEAD class for 2020-2021,” says Elleby. “I enjoyed learning from others and growing my network to better serve our clients and the state. I’m looking forward to using the leadership skills and industry knowledge I’ve gained to serve in my new role as President of Cobb County Bar Association Younger Lawyers Division.” The Cobb County Bar Association Young Lawyers Division is a section of the Cobb County Bar that is exclusive to all young and new lawyers to the Cobb County Bar Association, one of Georgia’s largest local bar organizations. As President, Elleby will lead monthly meetings that highlight speakers who are thought leaders in their legal areas of expertise. Additionally, he will lead the group by encouraging participation in the Bar Association through volunteering, networking and other community-building opportunities. “Chase has been working hard over the past few years to establish himself as an excellent attorney and firm partner while also becoming involved in professional opportunities within our broader legal community,” says Joel Williams, Partner and founder of Williams Elleby Howard & Easter. “I am proud to see that his hard work and dedication to our profession continues to be recognized by leading lawyer groups like GTLA and the Cobb County Bar Association, and know he will continue doing a great job serving our community through his new role.” Attorneys Joel Williams and Chase Elleby are based in Kennesaw, but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. Reach out to Joel and Chase by phone at (833-534-2542) or by email at joel@gatrialattorney.com and chase@gatrialattorney.com.

Joel Williams and Chase Elleby – 2021 Super Lawyers Rising Stars

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Joel Williams and Chase Elleby Named 2021 Super Lawyers Rising Stars

Joel Williams and Chase Elleby, partners of Williams Elleby Howard & Easter, were recently selected to the Georgia Super Lawyers Rising Stars list for 2021. This honor is only received by 2.5% of attorneys in the state of Georgia through a rigorous selection process and recognizes the Georgia attorneys who go above and beyond for their clients. 

To become a Super Lawyer Rising Star, lawyers are nominated by their peers or identified by the Super Lawyers research department. A research staff led by attorneys then searches for accredited lawyers who have been awarded certain honors, taking into consideration the list of nominees. Candidates for Rising Stars are evaluated based on their experience, awards, verdicts and other outstanding achievements.

Williams and Elleby have a proven record of obtaining justice for personal injury victims throughout Georgia. This has earned Williams the title of Rising Star lawyer since 2013, and Elleby a Rising Star lawyer for both 2019 and 2020.

2020 was a pivotal year for Williams and Elleby. They took on new challenges to accommodate for clients in a virtual world. The partners made a switch to Zoom meetings and virtual dispositions to make sure their clients’ needs were met. They handled the hurdles of 2020 and remained successful amidst the unknown. 

Attorneys Joel Williams and Chase Elleby are based in Kennesaw, but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. You can learn more about the firm by visiting https://gatrialattorney.com/. If you prefer a more personal touch, reach out to Joel and Chase by phone at (404) 389-1035 or by email at joel@gatrialattorney.com and chase@gatrialattorney.com

What is Premises Liability?

In Georgia, premises liability is a legal concept that holds owners and occupiers of land responsibile to those who enter their premises. These duties vary according to the relationship between the owner and the person entering the premises.

 

Exercising Ordinary Care

Business owners may be liable to their business invitees for failing to exercise “ordinary care” in keeping their premises and approaches safe. However, the owner or occupier’s duty to a social guest is to not “knowingly expose” the guest to “an unreasonable risk of harm.” The lowest duty of care is owed to trespassers, which is to not injure the trespasser willfully. 

 

Examples of premises liability cases include:

  • slip and falls

  • inadequate security

  • defective stairs and railings

  • injuries from falling merchandise in stores

  • swimming pools which are not adequately fenced

  • exposure to dangerous chemicals

  • dog bites

  • defective ladders

  • slippery surfaces


Other hazards may exist when buildings are constructed in a manner that does not comply with applicable building codes. 

 

How to Win a Premises Liability Lawsuit in Georgia

To be successful in a Georgia premises liability lawsuit, you generally must prove the following:

  1. A dangerous condition existed on the property

  2. The owner or occupier of the property had knowledge of the dangerous condition

  3. The owner or occupier failed to remove or warn of the dangerous condition

  4. The dangerous condition was the cause of your injury 

Whether you have been injured in a public area such as a store, shopping mall, hotel, office building or apartment complex, Williams Elleby Howard & Easter can help you understand your rights and options under Georgia law. Contact us at 833-LEGALGA for your FREE consultation today

What Is the Timeline in a Georgia Personal Injury Lawsuit?

A stack of four old hardcover books with a wooden gavel on top, beside a large hour glass.

No two personal injury cases are alike. What’s more, even cases with similar fact patterns can reach wildly different conclusions. Between two similarly situated plaintiffs, one could obtain a quick settlement while another could face years of litigation.

Despite these differences, there is a general timeline that applies to every personal injury lawsuit. Unless a case reaches a settlement, this timeline typically results in a trial by jury. The following steps outline the course most lawsuits will take in Georgia.

The Demand Letter

There are steps you must take before you can ever file a personal injury lawsuit. According to O.C.G.A. Section 9-11-67.1, a plaintiff may send a written demand to the at-fault driver or their insurance company prior to filing suit. The law requires the plaintiff to give the other side 30 days to consider the offer in the demand letter.

The Complaint

After the insurance company receives the demand letter, a plaintiff can initiate the lawsuit by filing a document known as the complaint. The complaint lays out your allegations in broad terms. It identifies each defendant and the damage claims you have against them.

Filing the complaint on its own is not enough to move a personal injury lawsuit forward. You must also perfect service against each of the defendants in the case. Once the defendants are formally notified of the claim, they have a set amount of time to file a formal response. This response must address each aspect of your claim and either admit or deny its accuracy. If the defendant fails to answer, the court may enter a default judgment against them.

Often, a defendant will file a series of motions before entering their answer. If there is a fatal error or other problem with the complaint, a court could dismiss the case based on these motions.

Discovery

The discovery phase allows both sides to sift through and evaluate the evidence in the case. Through the use of written questions and depositions, both parties can identify the evidence the other side intends to use at trial. This prevents any unfair surprises at trial.

The Trial

The truth about personal injury cases is that they rarely go to trial. An analysis by the Justice Department of tort cases in federal court found that approximately 2% of all lawsuits ultimately went to trial.

That said, taking a case to trial is often your best chance of obtaining the compensation you deserve. In some cases, the other side will simply not be willing to make a fair settlement offer. In other cases, the defense might not have the assets necessary to settle your claim.

During the trial, both sides will have a say in picking the jury. Each side will also put on evidence, including any witnesses who can help establish liability or prove the amount of damages. In the end, the judge or jury will make the determination on whether or not you will obtain a judgment.

Talk to an Attorney Today

Never take on the challenge of a personal injury lawsuit alone. Let the Georgia attorneys at Williams Elleby Howard & Easter assist you in pursuing the compensation you deserve. To learn more, call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation.

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 car or 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.

Do I Have to Provide Insurance Companies With My Medical Records?

Yellow folders with the words medical record on them and a stethoscope laying on top of the folders.

Automobile accidents happen in the blink of an eye, but the consequences of them, even when you are not at fault, last much longer. The physical and financial recovery from automobile accidents can take months to years. Dealing with insurance companies is often one of the more stressful parts of the experience.

As well-known Georgia personal injury attorneys, we often get asked whether insurance companies have to be allowed access to your medical records after an accident. The answer depends on which records they are seeking.

Insurance Companies Can Get Some Medical Records

If you’ve been in a Georgia motor vehicle accident with injuries and are seeking compensation for those injuries from your insurer, or another driver and their insurer, you will have to show documentation of your injury. Since your injury is at issue, insurance companies will be allowed some access to your medical records.

The purpose of permitting insurance companies access is to allow them to investigate the truth of your claim. The records they may review are those that could be relevant to your Georgia automobile accident claim. While insurance companies should be allowed to verify your claim, they’re known to overreach, get more of your medical records than they are entitled to, and try to use them against you.

Be Cautious of Medical Record Requests

Insurance companies hope to find some pre-existing injury in your medical records to point to as the cause of your injuries, rather than it resulting from the Georgia motor vehicle crash. For example, if you suffered a neck injury, an insurance company may try to blame it on a sports injury you suffered 10 years prior. They will look for anything in your medical records to support their position. Seemingly innocuous doctor’s visits from the past can be turned against you.

Insurance companies have tricky ways of getting these records, such as having you sign a medical record authorization form that is very broad or lacks proper HIPAA language, or requesting more records than they are legally entitled to in the hopes you will turn them over voluntarily because you don’t know you can deny the request. We recommend that you always consult with an attorney before granting an insurance company’s medical record request. An attorney can help you understand what requests are proper.  If any requests are not proper, the attorney can help you file the proper objectives and protect your medical privacy.

If you have been injured in a Georgia motor vehicle accident and are worried about pursuing your claims because of medical privacy concerns, 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.