Author: Joel Williams

Aggravated Assault In Cobb County Shooting

Aggravated Assault In Cobb County Shooting

These days it seems like you can wake up every day to a new story of a tragic shooting. Recently, tragedy struck close to home in Cobb County where a gunman, in an aggravated assault, killed two men.

Shooting In Cobb County Apartment

The shooting took place on May 25 at the Cobblestone Apartment Homes in Cobb County, Georgia. Police responded to several reports of gunshots and arrived at the scene to find two young men, John Ogundipe and Alex White, suffering from gunshot wounds in a blue Honda outside the apartment building. One died at the scene and the other was pronounced dead after being transferred to a local hospital.
With the help of descriptions from witnesses, the police were able to find and arrest the gunman, 20-year-old Jeffery Smith-Hosty of Marietta, a few blocks away. Smith-Hosty was taken to the County Detention Center where he is being held on charges of felony murder, aggravated assault, and armed robbery.

Understanding Aggravated Assault

Finding the strength to deal with the legal implications of aggravated assault, especially in circumstances where the assault led to a death, can be difficult. However, there are legal repercussions that can help victims of aggravated assault receive compensation for their suffering.
In contrast to simple assault, which is simply attempting to cause physical injury to another person, aggravated assault is a far more serious crime. Georgia law §16-5-21 defines and specifies punishment for aggravated assault in the state. Any assault is classified as aggravated under the law if:

There was an intent to rob, rape, or murder;
The perpetrator used a deadly weapon or other object that could cause severe bodily injury or strangulation; or
A firearm was discharged from a vehicle.

Committing aggravated assault in Georgia is a considered a felony and has serious penalties that vary based on the nature of the crime. Prison terms are from one to twenty years, with a three year minimum if the assault involved a firearm being discharged from a vehicle, plus twenty years probation. In addition, the convicted person may be fined up to $100,000 and have to make some form of restitution to the victim.

Compensation Available To Victims of Aggravated Assault

Aggravated assault can lead to serious injuries and long-term emotional distress. The Georgia Crime Victims Bill of Rights gives victims the right to reimbursement from expenses which resulted from the crime, including medical treatment and counseling.

Filing A Lawsuit For Aggravated Assault?

While it is easy for most of us to agree that victims of aggravated assault deserve some form of compensation, it is often not the priority of busy local police departments. Pursuing legal matters in cases involving aggravated assault can get swept aside quickly for lack of clear and convincing evidence. If you or a loved one has been the victim of aggravated assault, it’s crucial that you speak to an experienced aggravated assault attorney who can help. For cases in Marietta, Cobb County, and greater Georgia, contact Williams Elleby Howard & Easter. With years of experience and a commitment to seeking justice, we’ll make sure you get the compensation you deserve.

Am I Liable for Boating Injuries?

Who is Liable for Boating Injuries? Personal Injury Case Attorney Georgia

The tragic passing of country music star and lead singer for the band Backroad Anthem, Craig Strickland, is a reminder of just how dangerous boating can be. http://www.eonline.com/news/751489/craig-strickland-s-cause-of-death-revealed-medical-examiner-says-country-singer-died-of-hypothermia Details concerning why Craig Strickland’s boat capsized are largely unknown but there are many things that all boaters should do to keep themselves and others safe while on the water.

DO NOT DRINK AND OPERATE A WATERCRAFT

The State of Georgia considers boaters who are under the influence of alcohol, toxic vapors, or drugs to be a direct and immediate threat to the welfare and safety of the general public. O.C.G.A. § 52-7-12(e). It is illegal to operate, navigate, steer, or drive any moving vessel while under the influence of alcohol, drugs, or glue, aerosol, or other toxic vapors. O.C.G.A. § 52-5-12(a)(1)-(3). The fact that you are legally entitled to use the drug is not a defense against any charge for boating under the influence. O.C.G.A. § 52-7-12(b). In Georgia, if your alcohol concentration is 0.08 or more grams within three hours of being in control of a moving vessel from alcohol consumed before operating the vessel, you are presumed to have committed a crime and this presumption is admissible in any civil or criminal proceeding against you. O.C.G.A. § 52-7-12(d). Evidence of the amount of alcohol or drug in a person’s blood, urine, breath, or other bodily substance is also admissible in any civil lawsuit or criminal action. O.C.G.A. § 52-7-12(c). Just recently, on May 21, 2016, a tragic boating accident on Lake Lanier forever changed the lives of two teenagers. One of the teenagers had his right foot completely amputated and the other has been charged with boating under the influence of alcohol, reckless operation of a vessel, having insufficient personal flotation devices and littering. It is suspected that alcohol was involved in this horrible incident. You can find more information online at the Forsyth County News website.

BOATING CRIMES

Irresponsible boaters can find themselves facing significant criminal and civil liability. For example, a jet ski operator who causes the death of another person by traveling more than idle speed within 100 feet of a shoreline adjacent to a residence is guilty of a felony and shall be imprisoned for not less than 3 years! O.C.G.A § 52-7-12.2(a). The same penalty applies to those who operate any vessel in a reckless manner in violation of O.C.G.A. § 52-7-12.1. One may be guilty of the felony “Serious Injury by Vessel” if he causes serious bodily harm to another by violating any of the following laws: O.C.G.A. §§ 52-7-8.2(j) (speed of personal watercraft), 52-7-12 (prohibited operations of vessels), 52-7-12.1 (reckless operation of vessel or other water device), 52-7-13(b) (boating safety zones), 52-7-14 (duty to render assistance), 52-7-25(c) (stopping for law enforcement). All boats and jet skis must be operated at speeds that are reasonable and prudent under the conditions and hazards existing at the time of operation. O.C.G.A. § 52-7-17(d). Vessels should never be occupied by more people than the manufacturer’s recommended capacity. O.C.G.A. § 52-7-17(b). Many other important tips for boating safety can be found at the following websites: http://www.uscgboating.org/ https://www.boat-ed.com/georgia/handbook/

IMPORTANT GEORGIA LAWS FOR JET SKI OPERATIONS

• No person under the age of 16 years may operate a jet ski in Georgia; provided, however, that a person 12 through 15 years of age may operate a jet ski if accompanied by an adult 18 years of age or older. O.C.G.A. § 52-7-8.2(l) • All persons operating a jet ski must wear a United State Coast Guard approved personal flotation device. O.C.G.A. § 52-7-8.2 (b) • No person shall operate a jet ski after sunset or before sunrise. O.C.G.A. § 52-7-8.2(d) • No person shall operate a jet ski faster than idle speed within 100 feet of any other anchored vessel, vessel adrift, dock, pier, bridge, person, public park, public beach, public swimming area, marina, etc. O.C.G.A. § 52-7-8.2(j)

HAVE YOU BEEN IN A BOATING ACCIDENT?

If you have been in a boating collision or accident, you have a duty to provide all practicable and necessary assistance to others to save them from or minimize any danger caused by the collision. You must also give your name, address, and identification of your vessel in writing to any person injured. O.C.G.A. § 52-7-14(a). It is a good idea to immediately notify your insurance company in order to ensure coverage if a lawsuit is brought against you. If you do not notify your liability insurance carrier, the insurance company may void coverage based on your failure to promptly notify them of the incident. If you are the victim that has been injured due to the negligence of a boater, you may have a valid claim. Williams Elleby Howard & Easter offers free consultations and can help you better understand your rights. Call today! 833-LEGALGA

When are Punitive Damages Recoverable ?

Punitive Damages in a Personal Injury Civil Case GA

What Are Punitive Damages?

Punitive damages are awarded to punish, penalize, or deter a defendant. They are often described as “vindictive” or “exemplary” damages. O.C.G.A. § 51-12-5.1 (a). A jury is authorized to impose punitive damages when it concludes, based on clear and convincing evidence, that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. O.C.G.A. § 51-12-5.1 (b). Certainly willful misconduct may lead to the imposition of punitive damages but willfulness is not required. Scapa Dryer Fabrics, Inc. v. Knight, 332 Ga. App. 82, 92 (2015) (“It is not essential to a recovery for punitive damages that the person inflicting the damages was guilty of willful and intentional misconduct.”). “It is sufficient that the act be done under such circumstances as evinces an entire want of care and a conscious indifference to consequences.” Hodges v. Effingham County Hosp. Authority, 182 Ga. App. 173, 175 (1987) (quoting Battle v. Kilcrease, 54 Ga. App. 808, 809 (1936)).

Is Gross Negligence Enough For Punitive Damages?

Georgia law suggests that “gross negligence” is not enough to support a claim for punitive damages. Wardlaw v. Ivey, 297 Ga. App. 240, 242 (2009) (“neither negligence nor gross negligence alone can support a punitive damages claims.”). Therefore, it is only logical that “an entire want of care and a conscious indifference to consequences” is something more than “gross negligence.” So what does “conscious indifference to consequences” mean? Georgia appellate courts define this phrase as “an intentional disregard of the rights of another.” Miller v. City Views at Rosa Burney Park GP, LLC, 323 Ga. App. 590, 597 (2013) (quoting Tyler v. Lincoln, 272 Ga. 118, 120 (2000). “[W]hether a tort was sufficiently aggravating to authorize punitive damages is generally a jury question.” Tookes v. Murray, 297 Ga. App. 765, 768 (2009). “[A] jury may award punitive damages even where the clear and convincing evidence only creates an inference of the defendant’s conscious indifference to the consequences of his acts.” Tookes, 297 Ga. App. at 768 (emphasis added). However, punitive damages may only be awarded when actual compensatory damages are also awarded. Morris v. Pugmire Lincoln Mercury, Inc., 283 Ga. App. 238, 241 (2007).

What Is The Limit That Can Be Awarded For Punitive Damages?

In most Georgia cases, an award of punitive damages is limited to a maximum of $250,000.00. O.C.G.A. § 51-12-5.1(g). There are two exceptions to this cap on damages which are outlined in O.C.G.A. § 51-12-5.1(e)(1) and (f): (e)(1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. (f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than the active tort-feasor. In short, there is no cap on punitive damage awards in products liability cases and in cases where the defendant intended to cause harm or was drunk or high.

Lawsuits That May Award Punitive Damages.

Punitive damages may be awarded in a wide variety of lawsuits including claims involving automobile wrecks, premises liability, plane crashes, tractor-trailer wrecks, medical malpractice, legal malpractice, fraud, and trespass. Williams Elleby Howard & Easter law firm handles punitive damage cases and he offers free consultations. Call today to meet with one of our attorneys and gain a better understanding of whether you may have a claim for punitive damages. 833-LEGALGA

$1,975,000 VERDICT

Premises Liability Case Involving Forklift and Personal Injuries in Georgia

The Verdict

On December 11, 2015, Attorney Joel Williams and his co-counsel, Alan Hamilton of Shiver Hamilton, secured a $1,975,000.00 verdict in the State Court of Fulton County in favor of their client who was hit by a forklift. The verdict came on the heels of a one week trial where the defense denied both liability and causation. The case was Daniel Jones v. RD America, LLC d/b/a Restaurant Depot, Civil Action No. 14EV001101D.

The Plaintiff’s Case

The forklift collision occurred when Plaintiff was buying supplies for his store at a Restaurant Depot in Atlanta. As Plaintiff stood on an aisle looking at cleaning supplies, a Restaurant Depot employee backed a forklift into him causing Plaintiff to fall over his flatbed shopping cart. As Plaintiff fell, the back of his head and neck stuck some steel shelving resulting in a cervical disk herniation. The Plaintiff declined medical treatment at the scene but went to the emergency room later that afternoon with complaints of neck, back, and radiating arm pain. Medical treatment included physical therapy, epidural steroid injections, and a one-level cervical fusion surgery. At the time of trial, past medical expenses were just over $184,000.00.

The Defense

The defense presented the testimony of two of Defendant’s former employees who claimed that the forklift never hit the Plaintiff. At most, the defense claimed, the forklift hit the Plaintiff’s shopping cart. The defense noted that Plaintiff did not report neck pain at the scene and walked out of the store and returned to work. The defense also claimed that Plaintiff’s pain was caused by arthritis, a degenerative condition that progresses with age. To support this theory, the defense hired an orthopedic surgeon who testified that the cervical damage was all degenerative and not caused by trauma. The jury did not buy this defense because, as Plaintiff’s orthopedic surgeon testified, the Plaintiff never needed treatment for neck pain prior to the day he was hit by the forklift.

Ultimately, the jury rejected the defenses’ denials and found in favor of the Plaintiff. Attorneys Joel Williams and Alan Hamilton were able to show material inconsistencies in the testimony of the defense witnesses. They were also able to show that the Defendant’s practice of operating forklifts in and around customers without any warnings or barriers was inherently dangerous. https://www.osha.gov/SLTC/poweredindustrialtrucks/hazards_solutions.html

Importance of Preserving Evidence

Throughout the case, the defense claimed there was no surveillance video of the incident because there was no camera in the store “facing the direction” of the aisle where it happened. Just before trial, on a hunch, we sent someone out to “trust but verify.” Sure enough, there was a camera mounted on the wall that was facing the direction of the aisle where the incident occurred. We believe this key contradiction, along with the fact the video was not preserved from the day of the incident, was detrimental to the corporate defendant’s story of what really happened that day.

The Jury

The jury began deliberations on Thursday, December 10, 2015 at approximately 5:00 p.m. and deliberated about an hour before going home. They returned the following day and returned a $1,975,000.00 Plaintiff’s verdict. The verdict was nearly 10x the highest offer made by the defense prior to trial and was a reminder of the vital role juries play in our civil justice system. The jury took their job seriously and provided long awaited vindication for a very deserving client.

Can I be held responsible for a wreck caused by my family member?

Georgia's Family Purpose Doctrine Personal Injury Case Attorney

The answer to this question often depends on whether Georgia’s Family Purpose Doctrine applies. Parents are not automatically liable for wrecks caused by their children. However, there are some situations where a parent can be liable for a wreck caused by his or her child. Under the family purpose doctrine, when an automobile owner maintains a vehicle for the use and convenience of his family, the owner is liable for the negligence of a member of the family having authority to drive the vehicle while it is being used for a family purpose. Gaither v. Sanders, 259 Ga. App. 810 (2003).

When do courts apply the family purpose doctrine?

Four requirements must be met for the owner to be liable under the family purpose doctrine:

1. The owner must have given permission to a family member to drive the vehicle;
2. The owner must have relinquished control of the vehicle to the family member;
3. The family member must be in the vehicle at the time of the wreck; and
4. The vehicle must be engaged in a family purpose.

If all of these requirements are met, “The doctrine is then applied to render the defendant vicariously liable if he had the right to exercise such authority and control that it may be concluded that an agency relationship existed between him and the family member with respect to the use of the vehicle. In other words, the four conditions prescribe when the test is to be applied, but the actual test is authority and control.” Murch v. Brown, 166 Ga. App. 538, 539 (1983).

The true test is authority and control.

Georgia courts use the authority and control element as the main factor in determining whether liability attaches under the family purpose doctrine. Georgia Automobile Insurance Law, § 47:4 (2013-2014 ed). For example, if a parent purchases a vehicle for their child, puts title to the vehicle in their child’s name, does not restrict the child’s use of the vehicle, and the child is responsible for fueling the vehicle and paying insurance premiums, the family purpose doctrine will probably not apply. However, if a child lives at home and the parents retain discretion to suspend the child’s driving privileges, the family purpose doctrine should apply. The doctrine applies even when a child disobeys the parent and allows a friend to drive (assuming the child remains in the car when his or her friend causes a wreck). See Phillips v. Dixon, 236 Ga. 271 (1976).

family members car wreck

Texting and Driving – Don’t Do It !

Texting and Driving is Deadly

We all know people who are constantly on their phones. But how many of us know someone who is addicted to their smart phone? For some, cell phone usage has gotten completely out of hand and they are actually seeking treatment for their cell phone addiction.

Consider all the things that we can do on our phones. There are apps for everything. We can check email, play games, listen to music, surf the internet, take photos, watch movies, and even download apps that will translate our speech into different languages. Chances are that you are reading this blog from your cell phone. So how has this cell phone addition endangered the lives of motorists?

Cell Phones, Cars, and Teens are a Dangerous Combination

By now we know that cell phone usage can leads to distracted driving resulting in serious personal injuries or death. But how bad is it? The Federal Communications Commission recently reported some alarming statistics:

Forty Percent of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger!
Text messaging creates a crash risk 23 times worse than driving while not distracted (Imagine what the statistics would be for someone surfing the web or playing a game)
Eleven percent of drivers aged 18 to 20 who were involved in an automobile accident and survived admitted that were sending or receiving a text when they crashed.

https://www.fcc.gov/guides/texting-while-driving

One popular website reports that texting while driving is about six times more likely to cause an accident than driving intoxicated! Texting while driving causes 1,600,000 accidents per year, 330,000 injuries per year, and results in an average of 11 teen deaths EVERY DAY!

Texting and Driving can Cost You Serious Money

Personal Injury Attorney Joel Williams routinely handles car wreck cases where individuals have been seriously injured in car wrecks caused by drivers who are distracted by their cell phones. If you think you are capable of safely texting and driving, think again. If you seriously injure someone while texting, you will likely be on the wrong end of a multi-million dollar lawsuit.

O.C.G.A. § 40-6-241.2 prohibits Georgia drivers from driving while “using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.”

Tractor-trailer drivers are not allowed to hold a cell phone while driving. O.C.G.A. § 40-6-241.2(b)(2).

How do We Solve the Problem of Texting and Driving?

First, we must set a good example. This starts at home. Our children watch everything we do. This includes how we drive. If your children see you texting and driving, they will do it too. Put down the phone and show your children that safe driving is a priority for you.

If you are worried that the temptation to check your cell phone is too great, there are numerous apps available that will block incoming texts and calls while you are driving. Do a little research on your mobile carrier’s website. It just might save your life.

If you don’t want to download an app, turn your cell phone to silent and put it somewhere out of reach. The trunk of your car is a great place.

Texting and Driving Lawsuits

Until our society begins to take this deadly conduct seriously, Attorney Joel Williams will continue to vigorously pursue civil lawsuits on behalf of his clients that have been the victim of distracted drivers. Remember texting and driving is just as dangerous, if not more dangerous, than drunk driving. Don’t do it. As the Georgia Department of Transportation says “DriveAlert ArriveAlive.”

cell phone addiction

Tips for A Safe and Happy Thanksgiving

Thanksgiving Safety Tips

Thanksgiving is the Leading Day for Home Cooking Fires:

According to the National Fire Protection Association (NFPA), home cooking fires peak on major U.S. holidays like Thanksgiving and unattended cooking is the leading factor in cooking fires and fire deaths.

Here are a few tips to avoid burn injuries and fire related deaths this Thanksgiving:

– Make sure all fire alarms are working properly.

– Don’t multitask. Focus on your cooking. Distractions and lack of focus in the kitchen can become disastrous.

– Use a timer when cooking to keep track of your dish.

– Avoid loose clothes – especially long sleeves that can catch fire.

– Avoid food poisoning by properly cooking all foods. Make sure the turkey is cooked to an internal temperature of at least 165 degrees Fahrenheit.

– Keep electric cords and sharp knives out of the reach of children.

– If you are planning to fry your turkey, plan ahead and be smart. There are several videos online to guide you in safely frying a delicious turkey. Never put a frozen turkey in the fryer.

Thanksgiving is a Great Time to Make Memories with the Children

During this family time, it is important to include the Kids in the Kitchen as you prepare your Thanksgiving Meal. Kids love to be involved and this is a chance to teach them the importance of kitchen safety and cooking.

Safe Holiday Travel

Thanksgiving is one of the most traveled holidays of the year. Unfortunately, distracted drivers can make Thanksgiving deadly. To address an alarming increase in traffic related deaths in 2015, the Georgia Department of Transportation launched DriveAlert ArriveAlive which recently reported that 1,216 people died in Georgia crashes through November 22, 2015. This number is sure to increase over the holiday season.

Here are a few tips to stay safe on the road this year:

– Wear seat belts.

– Put down your cell phone. Never text and drive. A distracted driver is a dangerous driver.

– Use extreme caution at dusk when pedestrians are more difficult to see. More pedestrians are killed between 6 p.m. and 9 p.m. than at any other time.

– Do not drink and drive

– Avoid driving while using pain medication

– Avoid drowsy driving

– Drive the speed limit

Life is precious and is too often lost due to the carelessness of inattentive drivers. Keep those you love safe and set a good example for your children with safe driving practices.
No matter how careful you are, you may still be the victim of another’s negligent driving. If this is the case, do not tackle the insurance companies alone. Whether you are injured or have lost a loved one in a car wreck, you will need a personal injury lawyer like Attorney Joel Williams to protect your legal rights. Joel specializes in serious personal injury and wrongful death cases. Call or email Personal Injury Lawyer Joel Williams today for your free consultation: 833-LEGALGA or joel@gatrialattorney.com

Nathaniel Marston and Fatigued Driving

Fatigue Driving and Personal Injury Cases in Georgia

Nathaniel Marston and Fatigued Driving

CNN recently reported that former soap opera actor, Nathaniel Marston, died of injuries he sustained in a single car accident where he allegedly fell asleep at the wheel: https://www.cnn.com/2015/11/12/entertainment/nathaniel-marston-accident-obit-feat/index.html
Mr. Marston was only 40 years old at the time of his tragic passing. During his college years, Personal Injury Attorney Joel Williams, lost a dear friend after a fatigued driver ran off the road and killed his fraternity brother. Since that time, Attorney Joel Williams has dedicated a substantial portion of his practice to increasing public awareness of the dangers of fatigued driving. Discover a little more about Atlanta Injury Attorney Joel Williams’ practice here: https://gatrialattorney.com/auto-accidents/

Consider these alarming statistics reported by the National Sleep Foundation at

https://drowsydriving.org/about/facts-and-stats/:
• 168 million people say they have driven a vehicle while feeling drowsy in the past year and more than 103 million have actually fallen asleep at the wheel!
• NHTSA (National Highway Traffic Safety Administration) conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses.
• People who sleep six to seven hours a night are twice as likely to be involved in a crash as those sleeping 8 hours or more, while people sleeping less than 5 hours increased their risk four to five times.
• One study showed that being awake for 18 hours produced an impairment equal to a blood alcohol concentration (BAC) of .05, and .10 after 24 hours. In Georgia, .08 is considered legally drunk.
• Tractor-trailer and other commercial drivers with undiagnosed sleep disorders such as sleep apnea and acute insomnia are at an increased risk for crashes related to their lack of sleep.
• People tend to fall asleep more on high-speed, long, boring, rural highways. Those who live in urban areas, like Atlanta, Georgia, are more likely to doze off while driving compared to people in rural suburban areas.
• Nearly one-quarter of adults (23%) say they know someone personally who has crashed due to falling asleep at the wheel.

Fatigued driving compared to drunk driving:

If fatigued driving is as dangerous as drunk driving, why isn’t there more public education concerning this life threatening activity? Perhaps it is because there is no test to determine sleepiness as there is for drunk driving. Maybe it is because there is very little law enforcement training for identifying drowsiness as a contributing factor to automobile accidents.
Regardless of the reason, we should all understand that drowsy driving is as dangerous as driving after a few beers or driving while texting. This is especially true for tractor-trailer drivers. To its credit, the Federal Motor Carrier Administration regulates the maximum hours a tractor-trailer driver may drive.
For example, a tractor-trailer driver:
• May drive a maximum of 11 hours after 10 consecutive hours off duty;
• May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off duty does not extend the 14 hour period;
• May not drive after 60/70 hours on duty in 7/8 consecutive days
Drowsy driving is dangerous and deadly. It doesn’t matter whether the drowsy driver is driving a tractor-trailer or a passenger car, the risks posed to the driver and others are tremendous and potentially deadly.
If you or a loved one have been the victim of a crash caused by a drowsy or sleepy driver, call Personal Injury Attorney Joel Williams today. He offers free consultations and will help you understand your legal options.

Fatigued Driving Marston

How Do I Prepare for My Deposition?

What is a Deposition?

A deposition is a discovery tool that attorneys use to obtain the sworn testimony of parties and witnesses prior to the trial of a civil case. Depositions are an excellent time for lawyers to inquire about facts that may be relevant to the lawsuit. Lawyers also use depositions to evaluate how a party or witness will appear before a jury so they can better estimate the settlement value of a case. There is no judge or jury present during a deposition, only the lawyers and a court reporter and/or videographer. If a case goes to trial, depositions can be used in cross-examination of a witness if the trial testimony differs from the testimony given at the time of the deposition. Without question, depositions are the most important event that occurs during a civil lawsuit except the trial.

How Do I Prepare For My Deposition?

You have been summoned for a deposition. What now? If you are a party to the case, your deposition can go a long way in assisting your lawyer in handling the case either by way of settlement or trial. What you do at the deposition can help or hurt you, depending on your attitude, truthfulness, and appearance. Here are a few recommendations that may help you be an effective witness:

1. Physical Appearance For A Deposition:

It is important that you make a good impression upon opposing counsel. You should appear at the deposition dressed as you would expect to dress if you were going to Court to appear before the judge and jury. After all, this is the first opportunity opposing counsel has to see you. Wear neat and clean clothing and be prepared to show any and all injuries which you suffered. If this presents a potentially embarrassing situation, tell your lawyer in advance and he can take care of it.

2. How To Conduct Yourself At A Deposition:

• Treat all persons in the deposition with respect and courtesy even if they do not return the favor. A famous trial lawyer once said, “Anger is the blood of the battle in Court.” Although you may feel anger, you must control it and never lash out at opposing counsel.

• You must always tell the truth no matter the costs but it is important that you do not get trapped into saying something that is not true. Always listen to each question carefully and be sure you understand the question before you answer. If you do not understand a question, ask the opposing lawyer to repeat it or rephrase it so you do understand. When you do understand a question, answer it honestly and in a straightforward manner. If you don’t know the answer, say you don’t know. Never guess at an answer and remember honestly is always the best policy. If you tell the truth and don’t guess, you will be fine.

• Give audible answers. The court reporter will take down all of the questions asked during a deposition as well as your answers and you must speak clearly to make sure the court reporter gets everything correct.

• Avoid joking or wisecracks. Lawsuits are serious matters and jokes have no place is a deposition.

• Never volunteer information. Sometimes when witnesses get nervous they get “diarrhea of the mouth.” They just start talking and inevitably say something they don’t really mean that can be taken out of context and used against them later in the lawsuit. The lawyer taking the deposition has the responsibility to ask proper questions to obtain the information he or she seeks. Let them do their job and only answer the question they ask.

• Listen to your lawyer. Sometimes your lawyer may object to a question. If your lawyer objects, stop speaking immediately, listen to his objection, and follow his instructions.

• Wait until the opposing lawyer finishes his or her question before you answer. Do not anticipate what the question is before the lawyer has finished asking the question. Do not start nodding your head or answering until the question is complete. This is a common mistake in depositions because it happens every day in normal conversation. A deposition is not a normal conversation and you should not treat it as such.

• Be careful of questions in which the attorney puts words in your mouth. Attorneys often ask leading questions so they can phrase the answer. For example, “You had pain in your neck prior to this wreck, isn’t that right?” This is a leading question that calls for a “yes” or “no” answer. Leading questions are much different than a question that simply asks “Tell me about any pain you experience in the year prior to the wreck.” The difference is that the attorney is suggesting the answer in the leading question and asking you to agree with it. Never agree to a leading question unless you fully agree with what the attorney says.

• Beware of questions involving distances and time. If you are making an estimate, be sure that everyone understands you are making an estimate. People are notoriously bad at giving distances and times. If you do not know a time or distance, say so. Never guess.

3. Your Deposition Is All About You:

The most important aspect of your deposition is you. If you are fair, honest, and professional in giving your deposition testimony, you will be taking a tremendous stride towards a satisfactory completion of your case.

Premises lawyer Joel Williams hopes this information will be helpful to you if you are ever required to give a deposition. Remember, a deposition is serious matter and you should always meet with your lawyer to prepare for your deposition. Review any documents related to your case and discuss what questions may be asked with your lawyer. You lawyer should not tell you what to say but he or she may be able to help you phrase answers to anticipated questions so your answers will be more effective and accurate. If your lawyer encourages you to tell anything but the truth, fire him immediately and hire someone who has the proper ethical compass required of legal professionals.

Deposition

Who Pays for Hit and Run

Car wrecks happen but it is especially tragic when the person who causes the wreck flees the scene. We have seen multiple examples of celebrities that are accused of fleeing the scene of an accident. A few examples include Lindsay Lohan, Amanda Bynes, Heather Locklear, Halle Berry, January Jones, and Brittany Spears.
Recently, David Cassidy was charged in a hit and run incident in Florida.

What happens in Georgia when a driver flees the scene of a wreck that causes personal injury or death?

O.C.G.A. § 40-6-270 is Georgia’s hit and run statute. It requires the driver of any vehicle to stop when they are involved in a wreck that causes injury or death to a person or damage to a vehicle driven by someone else. If the wreck causes serious injury or death to another person, failure of the driver to stop is a felony. If the wreck only results in property damages or a non-serious injury, the fleeing driver is guilty of a misdemeanor.

So how does this affect civil claims for personal injury?

In other words, who pays for the damages? It depends on whether the fleeing driver is found. If the fleeing driver is found, a civil claim can be made against the at-fault driver. Evidence of the hit and run is admissible in a civil action as proof that the hit and run driver caused the wreck. The jury may also consider this evidence in deciding whether punitive damages are appropriate because the failure to stop and render aid shows “conscious indifference to the consequences.” Langlois v. Wolford, 246 Ga. App. 209 (2000).
Regardless of whether the at-fault driver can be found, it is vitally important for the victim to notify his or her uninsured motorist carrier as soon as possible. Many uninsured motorist policies require the injured person to notify their insurance carrier 30 days of the hit and run wreck. If the uninsured motorist carrier is not notified of the hit and run wreck within the time limitations imposed by the insurance contract, the insurer will probably deny coverage. This notice provision is enforceable in Georgia. See Adams v. Doe, 182 Ga. App. 269 (1987).

The lesson here is simple:

Immediately notify your own automobile insurance company every time you are involved in a wreck. Timely notification is essential to preserve your ability to recover uninsured motorist benefits if the at-fault driver flees the scene of the wreck. If you are involved in a hit and run accident, don’t hesitate to contact Attorney Joel Williams at 833-LEGALGA.

hit and run