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

If a Truck Strikes Two Vehicles in Succession, Is It Two Accidents?

A white tractor trailer in a wreck with a silver car that has sustained severe damage.

Most of the time, there is no dispute between an insurance company and its insured motorists on whether an accident occurred. However, a recent decision in the United States Court of Appeals for the 11th Circuit answered the question on whether a truck hitting two vehicles in succession was one or two accidents.

This is an important question for insurance purposes given the way insurance policy limits work. Typically, insurance companies are only required to cover the cost of an accident up to the limits prescribed by the policy. However, these policy limits are typically per accident. In other words, if striking two vehicles in succession qualifies as two accidents, the insurance company is potentially on the hook for twice as much money.

Grange Mutual v. Slaughter, et al.

The case that answered this question in the 11th Circuit arose out of the Northern District of Georgia. The court decided Grange Mutual Casualty Company v. Terri Slaughter, et al. on May 1, 2020. This case is an appeal of a lawsuit filed in the Northern District of Georgia in 2016.

In October of 2015, a truck driver crossed over the center line of a highway in Georgia and struck two vehicles in quick succession. The facts of the case established that there was no corrective action taken after the first collision but prior to the second.

Grange Mutual was the insurer of the truck in question. In 2016, they filed a lawsuit in federal court in an effort to determine their obligations under the insurance policy. The primary question was whether or not the two collisions constituted one or two accidents under the language of the policy.

Decision at the Trial Level

In its decision, the trial court held that the collisions only constituted one accident. This decision was made after the Georgia Supreme Court adopted the so-called “cause theory.” Under this theory, the court found that a single accident involves “continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.”

The defendants in Grange v. Slaughter appealed the trial courts order. They argued that the terms of the insurance policy defined an accident differently. The defense pointed to language in the policy that suggested two collisions constituted two accidents, even if they only happened a second apart.

The court was not swayed and found the language of the policy was unclear, requiring the court to ultimately define the phrase “accident.” Additionally, the court pointed out that the policy mentioned that multiple vehicles could be involved in the same accident. The court reasoned that following the defendant’s definition of accident would conflict with this language.

The Appellate Decision

Ultimately, the appellate court sided with the trial court. They agreed that the language of the insurance policy was unclear, requiring the court to define what constitutes an accident. The 11th Circuit also relied on the “cause theory” as prescribed by Georgia law. It found that because the truck driver did not regain control of the vehicle between the first and second collision, both crashes were part of one uninterrupted and extended cause.

Let Williams Elleby Howard & Easter Handle Your Claim

It is important to note that this disagreement ultimately boiled down to the language of the insurance policy. The Georgia personal injury lawyers at Williams Elleby Howard & Easter will work tirelessly to ensure your insurer holds up their end of the deal following an accident. Contact us online to schedule a free consultation or call 833-LEGALGA (833-534-2542) to discuss your case right away.

How Do You Prove Whiplash Injuries at Trial?

A side view of a male figure with transparent skin, revealing his skeletal and muscular system in three different positions, demonstrating whiplash.

Some personal injury claims are more difficult to prove than others. There is little dispute when an injury victim claims to have suffered a broken bone. Bone fractures are easily identified on an X-ray scan and, in some cases, are outwardly visible.

The same is not true for whiplash injuries. Whiplash is a soft tissue injury that commonly occurs in motor vehicle accidents. Because it can be challenging to prove the existence and extent of soft tissue injuries, many insurance companies will balk at paying out claims based on whiplash. With the right attorney and an aggressive approach, you could recover the compensation you deserve.

Understanding Whiplash

Whiplash can occur in any situation where a significant impact causes the head and neck to violently whip from one direction to another. According to the Mayo Clinic, these injuries are common in motor vehicle collisions due to the sudden impact of a crash.

The Johns Hopkins Clinic defines whiplash as an injury to the neck caused by the neck forcibly bending forward and back again in rapid succession. This movement can tear and strain the tendons, muscles, and ligaments in the neck and shoulders.

It is the status of whiplash as a soft tissue injury that makes it challenging to definitively diagnose the condition. While bone injuries show up on X-ray scans, the same is not true for soft tissue damage. That said, there are ways to show a jury that a whiplash injury not only exists, but also that it is severe.

Evidence of Whiplash

The most important step in proving your whiplash injuries is to seek medical treatment right away. If you delay treatment for your injury, you could face claims from the insurance company that your injuries occurred under different circumstances or that they are not real at all. By seeking medical care, you can obtain the records you need to show a jury you suffer from whiplash.

While X-rays will not typically provide evidence of whiplash, other scans could. Your doctor might be able to document your condition using magnetic resonance imaging (MRI). This type of scan can create detailed images of soft tissues, which your doctor can use to highlight your injury.

A computed tomography (CT) scan could also highlight your soft tissue damage. These scans take a series of images of your body from different angles, making it possible to evaluate muscle, fat, and organs.

Your doctor can also testify as to your physical condition. Your medical records could reflect that you were experiencing stiffness, pain, and the lack of mobility in the neck. Together, this evidence could show a jury that your whiplash injuries are substantial.

Discuss Your Whiplash Claim With Williams Elleby Howard & Easter

Ultimately, it is the role of your attorney to prove the amount of damages you deserve. When you work with the attorneys of Williams Elleby Howard & Easter, you can rest assured we will put our extensive experience to work for your claim. Call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation right away.

What Is a Declaratory Judgment?

A red and white graphic saying declaratory Judgement.

Most of the time, an individual who suffers an injury in a vehicle accident will pursue a legal claim against the at-fault driver for compensation. If the at-fault driver has liability insurance, the policy typically requires them aid in the driver’s defense and protect them from any liability claims.

One unique exception to this general rule involves declaratory judgments. A declaratory judgment is a lawsuit filed by the insurer instead of the insured driver. In a declaratory judgment, the insurer may ask the court to determine whether or not the accident in question is covered under the policy. Insurance companies use these suits as a tool to determine whether they are obligated to pay out on a claim without risking allegations of bad faith from their insured driver. If the court finds the policy does not apply, the insurance company can refuse to defend their insured driver or shield them from liability claims.

When Declaratory Judgement Lawsuits Are Appropriate

In Georgia, the time frame an insurance company has to file a declaratory judgment action varies. If the insurer intends to file this action in state court, they must do so before they deny the underlying insurance claim. Once an insurance claim is denied, the Georgia Court of Appeals has held that there is no longer a “justiciable controversy” for the courts to decide.

Lawsuits in federal court are treated a little differently. Federal cases operate under federal law, which takes a broader view of the declaratory judgment process. Previously, federal courts have held that insurance companies may file declaratory judgment actions after they have denied a liability claim.

What Happens to Underlying Lawsuits?

In some cases, an insured driver will file a lawsuit prior to the initiation of a declaratory judgment. This can happen after a suit is filed by one driver against the other. Typically, an insurance company that files a declaratory judgment action during ongoing litigation will seek to join the declaratory judgment action to the underlying lawsuit. In this lawsuit, the insurance company frequently seeks to stay the case until the completion of the declaratory judgment action. This allows the courts to decide the issue of coverage before the insurance company is forced to decide if they will defend their insured driver or not. Halting the underlying case also prevents the insured driver from hiring outside counsel and running up legal bills that could be the responsibility of the insurance company if they lose the declaratory judgment action.

How an Attorney Can Help

You have the right to be heard in a declaratory judgment action involving your insurance policy. Often, the attorney who assists you with your injury claim can advocate for you in a declaratory judgment case as well. The trial attorneys at Williams Elleby Howard & Easter are prepared to assist you through every aspect of your injury case. We can evaluate your injuries and investigate the specific language of your insurance policy. We know what is at stake in your case and we will work tirelessly for a favorable outcome. To learn more, contact us online or call 833-LEGALGA (833-534-2542) to schedule a free consultation right away.

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

Man in professional suit holding a magnifying glass over a document.

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

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

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

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

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

How Much Pain and Suffering Has the Accident Caused?

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

How Strong Is Your Case?

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

When in Doubt: Ask Your Lawyer

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

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

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Vehicle Collides Into Piedmont Hospital Leading to a Fatal Injury

Hospital Emergency Room Entrance.

Vehicle Collides Into Hospital

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

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

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

The Cause of the Crash

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

Legal Liability

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

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

Contact Williams Elleby Howard & Easter When Disaster Strikes

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

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

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

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

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

Fewer Vehicle Accidents

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

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

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

Lower Car Insurance Rates

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

Harder to Find Medical Care

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

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

Licenses Issued Without Driving Test

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

Longer Drives

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

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

Delayed Georgia Jury Trials

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

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

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

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

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

Abusive Litigation Lawsuits and Punitive Damages – Supreme Court of Georgia Overrules Decades of Case Law

Litigation and appeals title on a book beside a gavel.

For years, Georgia law has held that plaintiffs in abusive litigation lawsuits may not seek punitive damages under any circumstances. That holding changed in February of 2020, thanks to a decision from the Supreme Court of Georgia.

The decision reversed a ruling from the Court of Appeals that held up the status quo. Now, plaintiffs pursuing compensation for abusive litigation have the right to seek punitive damages as well. Despite that right, there is no guarantee in any case that punitive damages will be granted.

What Is Abusive Litigation?

Because of the costly nature of litigation, Georgia has adopted a law that provides for recourse when a person or business faces a frivolous lawsuit. This law, known as “Liability for Abusive Litigation” provides civil liability for any party that files a lawsuit or continues with litigation in bad faith. According to state law, litigation is abusive if the party to the lawsuit:

  1. acts with malice, and
  2. acts without substantial justification, or the legal action is frivolous, groundless, or vexatious.

To proceed with a claim for abusive litigation, the defendant to the original lawsuit must notify the plaintiff that they intend to do so in writing. This notice must give the original plaintiff an opportunity to dismiss the case or discontinue their frivolous position. If they fail to do so, they could face a lawsuit of their own for abusive litigation. While a successful claim could lead to actual damages, prior case law prevented a person from seeking punitive damages if their abusive litigation claim was successful.

Coen v Aptean

The issue of punitive damages in abusive litigation claims reached the Georgia Supreme Court in the case of Coen v Aptean. In the case, plaintiff Coen and his employer were embroiled in litigation for years. Ultimately, the cases were decided in Coen’s favor. Coen then sued Aptean for abusive litigation and sought punitive damages. The trial court and the Court of Appeals both blocked Coen from seeking punitive damages, and the issue went to the Georgia Supreme Court. According to the Supreme Court, punitive damages are available as long as the claim for abusive litigation was not based on damages for injuries to happiness, peace, or feelings. The court held that outside of that narrow limitation, punitive damages were not a form of impermissible double recovery and were available in these cases.

How the Decision Impacts Current Law

The primary impact of this decision is fairly clear in that it allows most plaintiffs pursuing a claim of abusive litigation to seek punitive damages as part of their recovery. However, the decision could have other far-reaching consequences. The court confirmed that the phrase “all damages allowable by law” was as broad as many plaintiffs have long argued, which could mean statutes with that language allow for the recovery of attorney’s fees.

Discuss Your Claim With Williams Elleby Howard & Easter

The law surrounding a plaintiff’s right to recovery continues to change. Given the constant updates to statutes and case law, it is crucial that you seek the guidance of experienced legal counsel before pursuing any legal claim. To discuss your options, call 833-LEGALGA to schedule a free consultation with Williams Elleby Howard & Easter.

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.