Author: Joel Williams

Joel Williams Law, LLC Announces Name Change, New Partner

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Attorney Chase Elleby Joins Attorney Joel Williams as Named Partner

KENNESAW, Ga (Oct. 1, 2019) – Joel Williams Law, LLC is pleased to announce the ascension of Chase Elleby as a name partner of the firm, which has changed its name to Williams Elleby Howard & Easter. The name change is effective October 1, 2019.

Elleby handles a variety of personal injury cases for the firm including auto and truck collisions, school bus accidents, medical malpractice, negligent security, wrongful death and day care injuries, recovering millions of dollars on behalf of his clients. He joined the firm in 2017 and helped the firm recover nearly 10 million in damages for clients during that time frame.

Prior to representing the injured and their families, Elleby represented corporations and insurance companies, giving him unique insight into how insurance companies work. He has extensive knowledge of automobile insurance law and medical billing and medical insurance coverage which is put to work on his clients’ behalf to maximize their recovery.

“It is an honor to fight for justice for our clients,” Elleby said. “I’m proud of the work Joel and I do to help our fellow Georgians.”

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

Get to Know Chase Elleby – Partner

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Personal injury attorney Chase Elleby has recently become a named partner at Williams|Elleby. Together with Joel Williams, they litigate serious cases involving car accidents, tractor-trailer wrecks and premises liability injuries throughout the state of Georgia. Chase shared his thoughts on practicing law, his relationships with his clients and where he sees his career taking him in the future.

What is your favorite thing about being a lawyer?

Not to sound too cliché but my favorite thing about being a lawyer is being able to help people in a time of need. A personal injury claim and lawsuit is extremely overwhelming. Being able to help people navigate the claims process and fight on their behalf to make sure they receive fair compensation is very rewarding.

What excites you about being able to practice law in your hometown of Kennesaw?

Everything! Growing up in Kennesaw and being able to work and raise my kids here is great. The community gave me so much growing up (including my wife, who also grew up in Kennesaw), and I hope to give back as much as I can.

What are some of the biggest challenges your personal injury clients face after an injury?

The biggest challenge facing our personal injury clients is getting better. Any injury, including minor and severe ones, can be scary because you never know if your body will recover or if you will be living with the injury for the rest of your life. Injuries not only take a toll physically, but they are also mentally and financially debilitating. Making sure you are protected, and that your attorney is going to fight to help you in a time of need, is very important.

How has your experience as a defense lawyer helped your personal injury clients?

My prior experience has given me perspective. Understanding what most insurance companies and defense attorneys are trying to accomplish with each case helps me explain to my clients what they are up against and what to expect. It also helps me to identify weaknesses in my cases so I am better prepared to fight for my clients.

Looking back on your legal career, what is the one thing you are most proud of?

Becoming a partner with Joel. He’s a fantastic lawyer and mentor and an even better person. I’m grateful to be a part of this firm.

You recently became a named partner at Williams|Elleby. What are your goals as a partner and where do you see the firm 10 years from now?

My goals will be the same – to keep doing my best and working hard every day for all of my clients to help them through one of the most difficult moments in their lives. I see the firm continuing to grow in the years to come and making a positive impact in our community.

If you would like more information about the attorneys at Williams|Elleby or would like to discuss your situation, get in touch for a free consultation – 833-LEGALGA.

Chase Elleby Named Firm Partner

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Williams Elleby Howard & Easter is happy to announce the naming of Chase Elleby as an official partner of the firm, which has changed its name to Williams Elleby Howard & Easter. This name change is effective October 1, 2019 and represents the important contributions that Elleby has made through his work.

Elleby joined the firm in 2017, handling a variety of personal injury cases including auto and truck collisions, school bus accidents, medical malpractice, negligent security, wrongful death and day care injuries. During this time, he helped recover millions of dollars on behalf of the firm’s clients, exemplifying the hard work and dedication that is valued at the firm.

“Changing the name of our firm recognizes Chase’s significant contributions and the outstanding results he has achieved on our clients’ behalf,” said Joel Williams, founding partner. “Chase is a very talented attorney who works tirelessly to get justice for personal injury victims throughout the State of Georgia.”

Elleby also offers a unique perspective to the firm. Prior to representing the injured and their families, he represented corporations and insurance companies. This provided him with valuable insight into how insurance companies work and he has implemented this into his current practice. He also has extensive knowledge of automobile insurance law, medical billing, and medical insurance coverage which helps him maximize the recovery for our clients.

Williams and Elleby look forward to the opportunity to work together as partners as they continue serving their clients. “It is an honor to fight for justice for our clients,” Elleby said, “I am proud of the work Joel and I do to help our fellow Georgians.”

If you would like to learn more about the firm, reach out to Joel and Chase by phone at 833-LEGALGA or by email at joel@gatrialattorney.com and chase@gatrialattorney.com.

Jury Awards $1.2 Million for Back Injury Caused by I-285 Wreck

Judges gavel resting on a sound block in front of an open book with it's pages flipped open.

Case Highlights the Importance of Uninsured and Underinsured Motorist Coverage

CLAYTON COUNTY, Ga. (Aug. 28, 2019) – On Aug. 14 a jury awarded $1,213,399.18 to Maria Rosas of Riverdale, Georgia for injuries sustained in an I-285 car cash. Kennesaw trial attorneys Joel Williams and Chase Elleby represented Rosas during the two-day trial. The verdict was rendered nearly four years after the incident took place in the northbound lanes of I-285 near the Georgia 166 interchange.

“We are pleased that we were able to obtain justice for Mrs. Rosas,” Williams said. “It was a complicated case involving several parties and their insurance companies but at the end, we are happy the jury came back with this decision.”

The Key Parties Involved

The wreck involved Rosas, Defendant Joel Nelson and an industrial tree truck driven by Andrew King of King Tree Experts. On August 21, 2015, Nelson attempted to merge onto I-285 in his Ford Focus while Rosas was driving her van in the far-left lane of the interstate. As Nelson merged, he failed to yield the right of way and collided with the truck driven by King. The impact caused Nelson to lose control of his vehicle and cross several lanes of traffic, striking Rosas’ van. Rosas sustained injuries to her lower back as a result of the crash and she required more than $73,000 in medical treatment.

This case was defended by Rosas’ own insurance company, State Farm. The at-fault driver’s insurance company tendered its limits of $25k early on in the case and Rosas requested that her own insurance company pay its underinsured motorist limits of $125k to cover the remainder of her damages. State Farm refused to do so, choosing instead to take advantage of a Georgia law that allows an underinsured motorist carrier to deny its insured’s claim and defend the case in the name of a negligent driver that injures its own insured.

“It is a falsehood the law forces on the jury,” Williams said. “Even though the case is being defended by the Plaintiff’s own insurance company, the law will not allow the lawyers to mention the word insurance in front of the jury.”

Injured by an Uninsured or Underinsured Motorist

When someone is injured by an uninsured or underinsured motorist (UM), if the injured party does not have enough UM coverage, their insurance may not cover the full amount of damages.

“This case should stand as a reminder to all of us about how important it is to purchase ample uninsured motorist coverage,” Williams explained.

Jason Green of Lynn Leonard & Associates represented State Farm.

Attorneys Joel Williams and Chase Elleby are based in Kennesaw but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. You can learn more about the firm by visiting https://gatrialattorney.com/. If you prefer a more personal touch, reach out to Joel and Chase by phone at 833-LEGALGA or by email at joel@gatrialattorney.com and chase@gatrialattorney.com.

Bedsores: Can a GA Nursing Home Be Held Liable?

Bedsores are one of the most common injuries that occur in Georgia nursing homes. When you place a loved one in a nursing home, it is typically because they can no longer care for themselves and you are not able to provide the care they need. When you choose a nursing home, you are entrusting the nursing home’s administrators and staff with one of the most important duties imaginable: caring for another human being, your loved one.

Finding out that your loved one has developed bedsores can understandably feel like a violation of that trust. In Georgia law, you may have a legal claim against the nursing home and/or some of its staff members for the harm.

Pressure Ulcers and Bedsores

Pressure ulcers and bedsores are two different terms for the same condition of skin sores that develop as a result of limited blood flow to an area. Blood flow is limited when a part of the body is pressed up against something, like a bed or wheelchair, for a long period of time. Bedsores are more likely to develop on the skin atop bony areas such as the hip, ankle, back of head, and tailbone.

Bedsores range in severity from a red, swollen area on the skin’s surface to a deep open wound that may never fully heal. Their severity is identified by stages; stage 1 is the least severe and stage 4 is the most severe. More severe cases can lead to severe complications including sepsis, which is a body-wide infection, and even death.

Causes of Pressure Ulcers

Bedsores are a common problem in nursing facilities, particularly among patients with limited or no independent mobility. These patients are often spending the bulk or all of their days in bed or between a bed and a wheelchair. Being in the same position creates pressure at certain spots, which cuts off blood flow and causes bedsores.

Nursing homes sometimes argue that pressure ulcers and bedsores are unavoidable, but this is deceptive. It is true that even with the best nursing home care, pressure ulcers and bedsores sometimes develop. However, there are ways to significantly reduce the risk of bedsores. In fact, the Model Systems Knowledge Translation Center estimates that 95% of all pressures sores are preventable.

Legal Liability for Pressure Ulcers and Bedsores

Two of the most important steps for preventing bedsores in nursing home patients are repositioning the patient frequently and make sure skin is kept dry. This means nursing home staff must promptly clean up any urine or feces for bedridden patients. Nursing homes are obligated to take these and other steps to prevent pressure sores. They must also provide adequate medical care for any bedsores that do develop. Unfortunately, nursing homes do not always live up to these responsibilities.

Get Legal Help for Nursing Home Malpractice and Negligence

There are far too many cases where a Georgia nursing home resident’s bedsores could have been avoided or complications minimized if the nursing facility provided the care it was ethically and legally required to. Fortunately, nursing homes and their staff can be held liable for their misconduct.

Proving that pressure ulcers and bedsores are the result of negligent or intentional misconduct by a nursing home or its staff members and not an unavoidable consequence of being largely bedridden, can be difficult. Having counsel experienced in nursing home lawsuits can improve your likelihood of successfully obtaining fair compensation. If you would like more information or would like to discuss your case, contact Attorney Marc Howard at Williams Elleby Howard & Easter today to schedule a free consultation by calling 833-LEGALGA.

Georgia’s Dram Shop Law & Drunk Driving

A wooden table with a glass of whiskey, car keys and handcuffs.

If you have been injured in a vehicle collision with a drunk driver in Georgia, you may be able to pursue a claim against the restaurant or bar that over served the drunk. In Georgia dram shop lawsuits, the drunk driver isn’t the only party you can hold responsible. If an establishment knowingly over served the driver with alcohol prior to the accident, you may also have a claim against that establishment . This claim may be brought thanks to what’s known as Georgia’s dram shop liability laws.

What Is a Dram Shop Law?

Georgia is one of 30 states nationwide to adopt some form of dram shop liability. While dram shop lawsuits are somewhat uncommon, Georgia juries have previously rendered significant verdicts against establishments that overserved drivers.

If a proprietor of a bar or one of their employees knowingly serves alcohol to a visibly intoxicated person, they may face liability if the intoxicated person goes on to injure someone in an alcohol-related accident.

In addition to visibly intoxicated patrons, dram shop laws also apply to anyone who serves a person less than 21 years of age. It makes no difference if the minor used a convincing fake ID to obtain alcohol; it is up to the establishment to determine when an ID is valid.

However, there are some exceptions to the rule. If the drunk driver consumes their own alcohol at the establishment, there is no liability on behalf of the owner or any employees. This is especially true in cases where an establishment does not sell alcohol at all. Additionally, there is an exception if the proprietor or employee has reason to believe the driver would not be driving later. Examples include if the driver had walked to the bar or had a cab waiting. Dram shop laws don’t apply in these situations.

Enforcement

It is up to business owners and employees to act with care when serving alcoholic beverages. The Georgia Department of Revenue is empowered to regulate alcohol license infractions, one of which has restrictions on overserving alcohol to patrons. But an investigative report has shown that they make little effort in actively policing bars and restaurants in an effort to curb overserving. While other states actively investigate bars to determine if they avoid overserving, the Georgia Department of Revenue has a reputation for not being as vigilant.

Discuss Georgia Dram Shop Laws With Our Georgia Dram Shop Lawyers

If you or a loved one have been injured in a Georgia traffic collision by a drunk driver, you may be entitled to seek monetary compensation from the responsible party. That compensation may include your medical bills, pain and suffering, property damage bills, lost wages, and punitive damages. And if the drunk driver that struck you was over-served by a Georgia bar or night club, you may be able to seek recovery from the establishment as well as the driver.

Attorney Joel Williams has a proven track record of recovering significant damages on behalf of his clients. Our experienced Georgia personal injury attorney, Joel carefully investigates every case to identify any legal issues and to provide his clients with an understanding of what to expect with an injury lawsuit. Contact Williams Elleby Howard & Easter today at 833-LEGALGA today for a free consultation.

Georgia Ranks 6th on the List of Deadliest States for Pedestrians

Pedestrian crossing street at a crosswalk with a white car about to hit him.

Pedestrians walking near or across busy roadways are vulnerable. While that is true across the country, some areas are more dangerous for pedestrians than others. According to a recent study, Georgia ranks as one of the deadliest states for pedestrians in recent years.

Pedestrian Deaths in Georgia

According to the nationwide study of pedestrian deaths between 2008 and 2017, Georgia ranked sixth among states for the most pedestrian deaths caused by motor vehicle accidents. During that time, 1,782 pedestrians were struck and killed in the state, which is approximately 184 annually. That works out to exactly 1.76 pedestrian deaths for every 100,000 Georgia residents during that time frame. That is noticeably higher than the national average of 1.55 pedestrian deaths per 100,000 people.

According to the data, Florida tops the list as the deadliest state for pedestrians during the time span studied. In Florida, 5,433 pedestrian deaths were reported, which worked out to 2.73 annual deaths for every 100,000 residents. That is nearly double the national average.

Atlanta Statistics

When it comes to pedestrian deaths in Georgia, the Atlanta area is far and away responsible for the majority of deaths. With 1.79 pedestrian fatalities in the Atlanta area for every 100,000 people, the city has a higher death rate than both the state and national average.

Some experts point to the nature of Atlanta’s transportation infrastructure. The area relies on motor vehicles over mass transit at a much higher rate than other large cities. The result is more congestion on Atlanta’s roadways, more accidents, and more fatalities.

Another issue raised in Metro Atlanta is the poor condition of many city sidewalks. In some places, the sidewalks are in such disrepair that it is necessary to walk on the road. While efforts have been underway to fund the repair of these sidewalks, those efforts have stalled due to a funding shortage. The result is a partial cause for the high rate of pedestrian fatalities in the city.

Trends

Despite advancements in car technology, the problem of pedestrian fatalities is not going away. While 2017 reflected a slight drop from the previous year, the annual death total has increased significantly across the 10-year study. On average, 13 pedestrians are killed in America each day. That works out to a death every one hour and forty-six minutes.

Injured in a Pedestrian accident? Contact One of Our Atlanta Area Personal Injury Attorneys Today.

It is the responsibility of Georgia drivers to keep a look out for pedestrians while driving. Even a brief lapse in judgment can lead to deadly consequences if a driver strikes a defenseless pedestrian with their vehicle. Whether caused by a drunk driver, distracted driving, or merely inattention, the result of a vehicle striking a pedestrian can be life-altering. If you have been hit by a car, you may be entitled to compensation for the injuries you have suffered. Your potential damages go beyond just your hospital bills, as the responsible party may also be required to pay your lost wages as well as pain and suffering. To learn about your options, contact the experienced personal injury attorneys with Williams Elleby Howard & Easter at 833-LEGALGA.

Is an Apartment Building Liable for a Broken Security Gate?

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Georgia landlords have a duty to fix broken security gates in order to keep residents safe. This is especially true when they have notice of criminal activity nearby. If there is a history of break-ins or robberies in the area, your landlord may be required to provide heightened security. When a complex falls into disrepair, your landlord may be on the hook for injuries suffered as a result of negligent security. One of the most common cases of negligent security is the failure to repair a faulty security gate. And, unfortunately, the consequences of a defective security gate can be deadly.

Liability for Negligent Security in Georgia

The owners and managers of Georgia apartment complexes owe a duty to both tenants and visitors to take steps to prevent crime on their premises. O.C.G.A. § 51-3-1. Any apartment complex that fails to take reasonable steps to ensure the safety of their tenants could be held liable for the damages that result from crime on the property. Walker v. Aderhold Properties, Inc., 303 Ga. App. 710 (2010).

Landlords and property managers are not liable for every crime that occurs at a Georgia apartment complex. There are two primary requirements that must be met for liability to apply to a landlord:

The criminal actions must have been foreseeable
The landlord must have failed to take reasonable measures to prevent crime

Foreseeable Threat

To be liable to a crime victim, a landlord or property manager must have been able to foresee the possibility of the crime in question. Drayton v. Kroger Co., 297 Ga. App. 484 (2009). The best way to prove a crime was foreseeable is to determine if similar criminal activity has occurred on or around the complex. If the apartment has had a string of break-ins, or if the surrounding neighborhood has a history of muggings, the threat may have been foreseeable to the point that your landlord should have taken steps to prevent it. In assessing the foreseeability of similar crimes, Georgia courts will “inquire into the location, nature and extent of the prior criminal activities and their likeness, proximity or other relationship to the crime in question.” Sturbridge Partners, Ltd. v. Walker, 267 Ga. 785 (1997).

Reasonable Measures

The second requirement is that the landlord failed to take “reasonable” steps to address the threat. Whether or not a step is reasonable is entirely subjective and determined on a case by case basis. Matt v. Days Inns, 212 Ga. App. 792, 794 (1994). If a negligent security lawsuit ends up going to trial, it will be up to the jury to determine if the steps taken were reasonable. But when it comes to the failure to repair a broken security gate, a strong case can be made that it is unreasonable allow a gate to remain in disrepair. After all, the gate is there for a reason.

While landlords and management companies might point to the cost of maintaining security gates, those costs are less than other security measures that may be necessary in areas where violent crime is rampant. Additionally, any savings from failing to maintain a security gate can quickly be wiped away by one incident of vandalism or property damage. Plus, it is a small price to pay for a landlord to protect their tenants.

Discuss Your Case With A Georgia Negligent Security Attorney

If you were a victim of crime at your Georgia apartment complex, you may have a claim based on your landlord’s failure to provide adequate security. A Georgia premises liability lawyer can review your case and determine if your landlord failed to take reasonable steps to protect you. To learn more, contact our firm at 833-LEGALGA for a free consultation. If you aren’t ready to speak to an attorney, you can learn more about negligent security cases on our YouTube Channel.

Can a Car Accident Cause Scoliosis?

An older male doctor examining a male patient holding one hand on his neck and the other on his back.

Scoliosis is the curvature of the spinal column and it can be exacerbated by a car accident. While the spinal cord is typically straight, a bent or curved spine can lead to issues like back pain. If a negligent driver causes or exacerbates your scoliosis, you may be entitled to recover damages.

Although some studies suggest that scoliosis can be caused by trauma, the majority of scoliosis cases have no known cause. The important thing to remember after a car accident in Georgia is that a pre-existing diagnosis of scoliosis will not bar a personal injury claim after a car accident. This is because Georgia law allows a person to recover when a pre-existing condition is made worse or aggravated by trauma.

The Effect of Scoliosis

Scoliosis can lead to debilitating back pain. But unlike some injuries, you can’t count on scoliosis to heal naturally on its own. Without proper treatment, it is possible that your pain will be so severe you could be unable to work, drive, or care for yourself.

The methods for treating scoliosis can vary. In some cases, regular visits to your chiropractor can successfully straighten your spine and relieve your pain. In other cases, you may need to wear a back brace for extended periods in order for your scoliosis to resolve. In the most severe cases, you may require surgery to relieve the pain.

The Causes of Scoliosis

There are a variety of causes of scoliosis. Many people are born with scoliosis or deal with the condition from a young age. In some cases, it is so minor that it does not affect your quality of life. But some studies suggest that scoliosis can be caused by physical trauma like a car accident. There is little doubt that physical trauma can make the pain caused by scoliosis worse. This can be a trying experience for anyone injured in a wreck who has not previously experienced back pain.

Filing an Injury Claim for Scoliosis

When it comes to an injury claim related to scoliosis, the help of an experienced Georgia injury attorney can be invaluable. The responsible party, their attorney, and the insurance company will normally deny your claim and argue that your car wreck did not cause the scoliosis.

If you are suffering from the effects of scoliosis due to the negligence of another driver, you may have a case for damages. And if your pain is so severe that you are unable to work, those damages can add up fast. You could face the financial burden of medical bills and lost wages in addition to your pain and suffering. It is important to keep a log of any pain you are experiencing, as well as a record of medical bills. This will ensure that you are prepared should you decide to try to collect compensation.

In many cases, a car accident attorney in Georgia may be able to negotiate a favorable settlement without ever filing a lawsuit. However, if the responsible party refuses to pay, an attorney can file suit and pursue your damages through the court system.

If you are dealing with the effects of scoliosis brought on by a vehicle accident in Georgia, attorney Joel Williams and his staff are ready to help. Joel is an experienced Georgia personal injury attorney with an extensive track record of obtaining favorable results for his clients. To learn more, contact Williams Elleby Howard & Easter today at 833-LEGALGA for a free consultation.

Punitive Damages in a Georgia Personal Injury Case

A view from behind a steering wheel of a car showing a man drinking out of a flask while driving.

A Georgia personal injury lawsuit is a civil case, not criminal, so there is no jail or prison time at stake; however punishment may be available in the form of punitive damages. Sometimes a defendant’s behavior is so shocking and appalling that the law wants to do all that it can to prevent it from happening again. One way the law can do this is by making a defendant pay punitive damages. Punitive damages are also known as exemplary damages — damages meant to make an example out of the defendant so that behavior doesn’t continue.

Punitive Damages vs. Compensatory Damages

Compensatory damages in a personal injury case serve to compensate the victim for what they lost or spent, or any expenses accrued due to the accident. Compensatory damages are available to compensate a victim for a loss.

Punitive damages serve an entirely different purpose. Their purpose is not to compensate the plaintiff, although the plaintiff does receive the damage award. Courts and juries award punitive damages when the behavior of the defendant demonstrates an intentional disregard for the rights of another. Miller v. City Views at Rosa Burney Park GP, LLC, 323 Ga. App. 590 (2013). The purpose is to punish and deter the defendant from repeating the same action. As such, courts don’t award punitive damages in every personal injury case. Another important difference is that punitive damages have to be requested when the complaint is filed; otherwise, they cannot be pursued at trial — they are not automatically awarded.

Burden of Proof for Being Awarded Punitive Damages

The victim plaintiff must prove by “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.” Caldwell v. Church, 341 Ga. App. 852 (2017) quoting O.C.G.A. § 51-12-5.1. A good example of clear and convincing evidence under Georgia law is evidence that an adverse driver was drunk or under the infuence of drugs when he or she caused a car crash. This meets the “clear and convincing evidence” standard required for punitive damages.

Limits to Punitive Damages in Georgia

In most cases where punitive damages are awarded, Georgia has set a maximum limit of $250,000.

This maximum limit does not apply to product liability cases. There is also no maximum limit when a court finds that a 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 [or] drugs.”

This means that if the defendant intended harm either by deliberately acting or doing nothing at all and allowing harm to come to the victim, the defendant could face punitive damages. If the defendant harmed the victim due to being intoxicated on either drugs or alcohol, punitive damages are likely to be awarded.

Contact Our Georgia Personal Injury Attorneys Today

If you or a loved one is a victim of a personal injury, punitive damages can and should be explored. You will need an experienced attorney in Georgia who can help you navigate the complex system. If you have questions about the law and your rights, contact the Williams Elleby Howard & Easter law firm to schedule a free consultation by calling 833-LEGALGA.