An Explanation of Wrongful Death Claims

explanation wrongful death claims

An Explanation of Wrongful Death Claims

Have you recently lost a loved one in a car accident where the other driver was at fault? Was your loved one taken from you early because of injuries caused by malfunctioning machinery or because they were prescribed the incorrect medication? Losing a loved one is devastating under normal circumstances, but when death is unexpected and the result of another person’s negligence, you may be able to file a wrongful death claim.

In Georgia, filing a wrongful death claim comes with specific rules that can be challenging for survivors of the deceased to process. It is important to seek the help of an attorney who can get you the compensation and closure you deserve.

What Qualifies As A Wrongful Death

According to Georgia legal codes, a “wrongful death” is defined as the death of a person due to the “negligent, reckless, intentional, or criminal” acts of another entity (person, business, etc.). Examples of when a wrongful death might occur include instances of medical malpractice, motor vehicle collisions, defective products, premises liability, violence, and work injuries. In these instances, certain survivors of the deceased may be able to bring a successful wrongful death lawsuit.

Who Can File A Wrongful Death Claim

A wrongful death case may be initiated by survivors of the deceased. This typically is the surviving spouse or parent. However, if there is no surviving spouse, children may file a wrongful death claim. In addition, a personal representative of the deceased may file a wrongful death claim, in which case damages recovered are held by the estate for the benefit of the deceased’s next of kin.

Compensation Available For Wrongful Death

There are two different types of wrongful death claims in Georgia. The first type of wrongful death claim seeks to establish the “full value of the life of the deceased.” In such cases surviving family members can recover monetary damages for both the monetary and intangible value of the deceased person, including:

● Any lost wages and benefits the deceased may reasonably have earned if they had not passed; and
● Pain and suffering, loss of companionship, and other non-monetary damages felt by loved ones of the deceased.

The second type of wrongful death claim, the “estate claim”, seeks compensation for financial losses that occurred because of the deceased person’s death. Here it is the deceased person’s estate seeking damages such as:

● Medical expenses for injuries or illness that caused the death;
● Funeral and burial expenses for the deceased; and
● Any pain and suffering the deceased endured before death.

Statute Of Limitations

A wrongful death claim must be filed within the time specified by the Georgia statute of limitations. Under most circumstances, the survivors have two years from the date of death to file a wrongful death claim in court. Depending on your case, however, the time may be lengthened or shortened and it is extremely important you file a case before the clock runs out.

Exceptions, for example, exist if there are criminal proceedings in court for the same wrongful death. The two year statute freezes and begins running after the criminal case is completed. There may also be an additional five year toll for cases where the person’s estate is not probated.

Why You Need An Attorney

In Georgia, a wrongful death attorney will usually work on a contingency fee basis, meaning the attorney isn’t paid until the case is successfully settled. Call wrongful death lawyer Joel Williams to speak to an experienced wrongful death attorney about your options. 833-LEGALGA

Understanding Traumatic Brain Injuries

understanding traumatic brain injuries

Every year in the U.S., traumatic brain injury (TBI) contributes to significant numbers of deaths and permanent disabilities. Approximately 1.7 million new cases of TBI are sustained annually.  Many are caused by falls and car accidents. Regardless of how the injury happened, the road to recovery is extremely difficult.  Damages may include major medical expenses, loss of income, emotional difficulties, and more.
If you or a loved one has sustained a traumatic brain injury because of the negligence of another person, speak to a Georgia traumatic brain injury attorney like Attorney Joel Williams. They can help you understand how to best claim damages for the injury.

What Is Traumatic Brain Injury

Traumatic brain injuries are typically the result of a violent blow or other sudden trauma to the head or body. They may also be caused by an object penetrating the skull. While mild traumatic brain injury may lead to only to temporary dysfunction of the brain cells, more severe instances could lead to torn tissues, bruising, bleeding, or physical damage to the brain.  Severe brain injuries can lead to long-term complications or death.

Symptoms of Traumatic Brain Injury

A majority of traumatic brain injuries are caused by falls, motor vehicle collisions, or violence, such as gunshot wounds and domestic violence. While symptoms of a traumatic brain injury often appear immediately after the trauma, it may take days or even weeks for any signs to manifest themselves. Signs of traumatic brain injury may be physical, sensory, or cognitive and include:

  • Loss of consciousness or being disoriented, confused, or dazed;
  • Problems sleeping or sleeping more than normal;
  • Headache;
  • Nausea or vomiting;
  • Dizziness or difficulty balancing;
  • Sensitivity to sound or light;
  • Sensory problems, including blurred vision, ears ringing, a bad taste in the mouth;
  • Sudden mood changes or mood swings;
  • Problems with memory or concentration; and
  • Depression or anxiousness.

If you or a loved one demonstrates any of these symptoms after a violent blow or trauma to the head, it is extremely important to seek medical attention.

Treatment Plans And Living With Traumatic Brain Injury

Treatment of traumatic brain injury depends on the severity of the injury. Mild cases of TBI should be monitored closely, but will typically heal on their own with rest and over-the-counter medication. Moderate and severe cases of TBI require immediate emergency medical attention. Treatment may involve surgery, medications, and extensive rehabilitation.
Recovery from more serious traumatic injuries includes individual treatment programs that will likely consist of physical and occupational therapy, physiatry (physical medicine), speech/language therapy, psychiatry, and social support. In many cases, the injured victim never fully heals.  This is devastating for the victim and the family.

Need Legal Help?

If you or a loved one sustains a traumatic brain injury in a car accident, there is help available. The path to recovery is full of struggles and it’s one you should not have to make alone. Call Williams Elleby Howard & Easter to enlist the help of an attorney who will fight for justice on your behalf. We handle cases in Atlanta, Marietta, Cobb County, and all of Georgia. Contact us today to talk about the specifics of your case and get the compensation you deserve.

How To Win A Slip and Fall Injury Claim

win slip fall injury claim

How To Win A Slip and Fall Injury Claim

Slip and fall accidents are some of the most common accidents and they can take place in almost any setting, from the office to the hospital and local grocery store. Injuries from slip and fall accidents range from very minor bruises to broken bones, traumatic brain injuries, and even death. If you fall and hurt yourself on someone’s premises, you may have the right to be compensated for your injuries.
However, there are countless of unsuccessful slip and fall lawsuits every year because the plaintiff failed to provide the evidence necessary to win. If you’ve been in a slip and fall accident in Georgia, retain an attorney to help you show you have legitimate case by proving certain crucial elements.

A Breach of Duty

For any slip and fall accident, it must be proven that the defendant had a duty and that it was breached. In other words, this means the owner or occupier of the premises is responsible for maintaining the property and ensuring there are no conditions that could cause harm to anyone, within reasonable means. When owners and managers are not the same person for a property it must be established which party controlled the property at the time the injury happened. Without proving duty, a slip and fall lawsuit cannot succeed.

Liability And Negligence

Establishing duty is part of proving the defendant acted negligently. If negligence is established the defendant can be held liable for any damages related to the slip and fall. To prove the owner was negligent there must be evidence that they failed to take reasonable care so no one would be injured. An owner of a property could be considered negligent if, for example:

  • They failed to routinely check for potential hazards on the property;
  • A hazardous condition/obstacle existed long enough for the owner to reasonably take action to eliminate the hazard;
  • They had no justification for the creation of a hazard;
  • They failed to take preventative measures that could make the hazardous condition less dangerous.

Dangerous Conditions Caused The Injury

Although it may seem obvious to you if you were injured because of a hazardous condition, it is still necessary to prove the dangerous condition was foreseeable and the reason for the injury. Even if negligence existed, you cannot win a slip and fall case unless the fall was directly caused by the negligent action.
In addition, you must also prove that you weren’t doing something which you could have reasonably foreseen would lead to injury. For instance, you could not sue a zoo if you fell into an animal enclosure because you were standing on the wall surrounding the enclosure.

Damages

Once duty is established and negligent behavior is proven to have caused the injury, you must also prove damages resulted because of the injury. In other words there must be something, whether it’s medical expenses or property repair, that can be paid for with monetary compensation.

Ready To Win Your Slip And Fall Case?

If you’ve been injured in a slip and fall accident in Cobb County, Georgia, contact Williams Elleby Howard & Easter. Our legal team will answer any questions you have about filing a slip and fall lawsuit and ensure you have a viable case that can win.

Am I Liable for Boating Injuries?

Two kids on a yellow tube being pulled by a boat on a lake.
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

$1,975,000 VERDICT

A forklift in a warehouse between two shelves.

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.

How Do I Prepare for My Deposition?

prepare my deposition attorney

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. Therefore, it is critical to prepare for your deposition. 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. Your 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.

Georgia’s “Move Over” Law

Georgia's move over law

Georgia’s “Move Over” Law

Georgia wisely passed a “Move Over” law in an effort to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers. The law was passed in response to an increased number of police officers and emergency personnel being killed or seriously injured by passing motorists.

In its most basic terms, the law requires drivers to move-over one lane, when possible, if an emergency vehicle with flashing lights is parked on the shoulder of the highway. If the driver is unable to move over, the law requires the driver to slow down below the speed limit and to be prepared to stop.

This entire statutory text of the law, codified as O.C.G.A. § 40-6-16 is as follows:

(a) This Code section shall be known and may be cited as the “Spencer Pass Law.”

(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(d) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00.

The Georgia Governor’s Office of Highway Safety, citing FBI statistics, noted that traffic crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. As you travel Georgia roads, please adhere to this law and protect the lives of those who keep us safe.