Common Myths about Personal Injury Attorneys

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For those that have never needed a personal injury attorney, it might be easy to believe or perpetuate the common myths we hear about our profession.  Let’s address the common myths we hear and explain what really happens at a personal injury firm.

Myth #1: Lawyers Will Sue for Anything

Technically you can sue for anything, but good lawyers consider the cost and if there is a credible claim to be made. Most personal injury attorneys are fronting their own money and advancing case expenses for your case.  Attorneys will only bring claims they believe have merit or a reasonable chance for success.

Myth #2: Lawyers Take All The Money

Personal injury attorneys work on contingency, meaning they do not get paid unless their clients get paid.  Injury attorneys earn a percentage of the recovery, the amount settled for or awarded at trial.  The percentage amount varies based on the type of case and whether the case is in suit or not in suit. Most attorneys charge somewhere between 30% and 40% for the vast majority of injury cases.

Myth #3: Lawyers Chase Ambulances

Any reputable lawyer is not going to “chase down” cases however, there are some lawyers and even non-lawyers that try to find cases and then sell those cases to other lawyers.  Unfortunately, this does happen, but it is not fair to assign that stigma to all personal injury attorneys. Reputable attorneys do not find you in the emergency room or contact you after an injury.  If an attorney is approaching you about a car wreck offering his or her representation, please know that is unethical and against the law.  You do NOT want an attorney that chases you because that means they are so desperate for clients that they are willing to violate legal and ethical rules just to gets clients.

Myth #4: All Cases are Worth A Million Dollars

You don’t want a million-dollar injury case because if your case is worth that much, something life altering happened and you are terribly injured.    Each case is different and evaluated on many factors that include property damage, severity of injury, treatment, pain and suffering, missed work, and so on.  Personal injury attorneys try to get you what is fair and reasonable based on your unique case.

Myth #5: All Personal Injury Lawyers Try Cases

It is important to know that not all personal injury attorneys try cases.  Some attorneys will not even put cases in suit, meaning they won’t file a complaint or do litigation to get maximum value for your case.  These attorneys look to settle cases early and as fast as possible because that is their business model.  Injury victims should always ask about a lawyer’s trial experience before deciding whether to hire the lawyer.

Myth #6: Lawyers are Too Expensive

Some people believe you have to pay a retainer in order to hire an attorney.  That is not the case with personal injury attorneys.  Again, most injury lawyers work on a contingency fee basis, meaning they don’t get paid until they obtain a financial recovery for their client.  Contingency fees are variable as discussed in Myth #2 above; however, if an injury attorney wants to charge 45%-50% for a simple car wreck case, they are likely asking too much. Take your time and interview several attorneys, ask about their contingency fee, then choose the right one for you. 

Myth #7: Lawyers Drive Away Business from the State

This myth was generated by politicians. Any reputable business is going to have insurance. Attorneys will almost always give corporations and individuals the opportunity to settle their case within their insurance limits.  Good attorneys are not in the business of forcing people into bankruptcy or running businesses into the ground.  Of course, attorneys want to ensure their clients are fully compensated for their damages. However, forcing someone into bankruptcy doesn’t benefit anyone, not even the injured client because the full judgement is rarely collectible when the defendant is in bankruptcy.  Politicians might try to speak about a rare case to vilify someone or increase their political platform, but those politicians are usually speaking on behalf of the insurance industry and the lobbyists who fund their election campaigns.

Myth #8: My Lawyer Can Solve My Problems

An individual lawyer cannot solve all of your legal problems.  Attorneys, just like doctors, specialize.  For example, our firm can help you with personal injury matters such as a car wreck case, slip and fall, bicycle accident, medical malpractice, burn injuries and more, but we are not the firm to call when you are getting a divorce or find yourself in a criminal case.  Remember to seek out and ask for an attorney that has expertise in your area of need.

What Should I Do If I’m Hit by an Uninsured Driver?

Multiple vehicles with severe collision damage at the scene of a crash involving an uninsured driver.

There are several things you should be aware of if you are hit by an uninsured driver. A driver may have an insurance card at the scene of a wreck but you have no way of knowing whether that insurance is expired, whether it applies to that particular vehicle, or whether that driver has permission to be driving that vehicle. So what should you do if you’re hit by an assumed uninsured driver?

Find out if the driver is, in fact, an uninsured driver.

Being hit by an uninsured driver could mean a handful of things.  There could be no insurance on the vehicle or the person that hit you may not be authorized to drive that vehicle. An attorney can determine whether the at-fault driver is uninsured by looking at the police report and sending a letter to the applicable insurance company to find out if that person is a proper driver.

Notify your own insurance company.

Most automobile insurance contracts require you to notify the insurer about any car accident within a reasonable time. If you do not comply with the terms of the insurance contract, your insurer may deny coverage.  If you have been hit by an uninsured driver, the uninsured motorist coverage of your policy would be utilized to cover any damages you suffered in the wreck.  If you are hurt by an uninsured driver, it is best to speak with an attorney because your own insurance company is going to defend that case against you, which puts you in a tricky position.

 Identify all insurance policies.

There are many different types of insurance policies and it is important to locate and share them all with your attorney.  Some insurance companies write specific policies for each vehicle in a household where as others write one policy that covers all vehicles in a home. 

Additionally, most all of your common insurance companies have what is known as resident relative coverage. This means that all relatives from the same household are entitled to use insurance policies from all other relatives in the same household, regardless of company.

 Treat your wreck like any other wreck.

Just like if you were hit by an insured driver, follow the same steps we suggest doing after any wreck.  Click here to read the 7 MOST IMPORTANT things to do after an accident. 

 If you are the victim of a hit and run, your case would be treated the same as if you were hit by an uninsured driver.  Your own insurance company is going to defend that case against you, so it is important to document as much as you can, take photos, look for witnesses, and seek medical treatment.

If you have been hit by an uninsured driver and would like to discuss your case, call Attorney Jared Easter at Williams Elleby Howard & Easter for a free consultation.  833-LEGAL-GA.  

How Do I Prove Lost Wages in a Personal Injury Case?

One construction worker wrapping an injured arm of another construction worker with construction equipment in the background.

If you have been injured and are forced to miss work or miss the opportunity for work, you can seek lost wages as an item of damages from the at-fault insurance company.  A common question we are asked is, “how do I prove lost wages in a personal injury case?”

W-2 Employee

Proving lost wages for a W-2 employee is pretty clean and simple.  If you are a W-2 employee, someone who gets paid the same amount every two weeks, the easiest way to prove lost wages is to get a pay stub.  From your pay stub, calculate your hourly rate and multiply that by the number of hours you were forced to miss work.

1099 Employee

Currently though, we have an increasing ‘gig economy,’ a free market system in which temporary positions are common and organizations hire independent workers for short-term commitments” (Tech Target, 2022).  Most gig employees are paid by 1099, meaning hours of work are not necessarily consistent.  So if a 1099 employee is forced to miss work due to a personal injury, it is more difficult to prove how much work, or compensation, was actually missed.

The best way to prove lost wages for a 1099 employee is to average out your typical compensation and hours worked.  The longer the history of contract work available, the easier this is to do.

Another way to prove lost wages is to show documentation of work you were scheduled to do, that now will be delayed or canceled due to your personal injury.  Documentation of scheduled work could be a text, email, or signed contract showing the type of work and compensation agreed upon by both parties.

Business Owners

Unless you are in a real niche industry, a business owner’s income fluctuates with the success of the business.  Therefore, a business owner’s lost wages can be more difficult to prove in a personal injury case.  Business owners need to review their tax documents, profit and loss statements, and more to determine a reasonable income or compensation for missed work.

Proving lost wages for 1099 employees and business owners is made easier with a history of earnings. Trying to extrapolate figures from your history of work to projections of what you would have earned had you not missed work due to a personal injury is how we go about calculating lost wages.  This does not have to be proven with exact certainty;  a reasonable projection of what you would have earned is legally sufficient in most states.

One thing to keep in mind when you receive damages for lost wages is that money is taxable.  As opposed to money you might receive for bodily injury, medical bills, or pain and suffering, money for lost wages is still and will be considered taxable income.  For this reason, depending on your case and the size of your claim, it may or may not be in your best interest to make a claim for lost wages. For instance, if you have a million dollars worth of medical bills and catastrophic lifelong injuries, it might not be worth arguing a small lost wages claim—you want the court to focus on your larger claims and your attorney will have more leeway to argue for an overall larger award that is not taxable.  This allows you to benefit the most from the money awarded to you for your personal injury.

If you have been injured due to someone else’s negligence and would like to discuss your case for free with one of our attorneys at Williams Elleby Howard & Easter, please give us a call at 833-LEGAL-GA.

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.

Preparing for a Consultation with a Georgia Personal Injury Lawyer

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If you need to consult with a personal injury attorney in Georgia, there are some things you should know prior to meeting with the attorney. There are many fine personal injury attorneys in Georgia but you need to find the one that is the best attorney for your case. This begins with the initial consultation.

What Is a Lawyer Consultation?

Most personal injury consultations are free of charge. The vast majority of Georgia personal injury lawyers work on a contingency fee basis and will only get paid if you win your case.

Think of your initial meeting like an interview — you are interviewing the attorney and the attorney is interviewing you. A bad lawyer can kill your case so be sure you are comfortable with the lawyer’s skills and professional accomplishments before you agree to hire his or her firm. It is a huge red flag if the attorney sends an investigator or paralegal to meet with you during the initial consultation. Stay away from attorneys that don’t attend initial consultations because they are likely too busy to handle your case if they can’t make time for an initial consultation.

During your initial meeting, you will share details and talk about your accident or injury. The attorney should be listening carefully to determine whether they can help you, and whether you have a valid claim. When sitting face-to-face with the attorney, you can get a feel for who they are and how they might work. Don’t overlook this point because you are entrusting them with your case.

What to Expect During a Consultation with a Personal Injury Lawyer

During the consultation, you can expect to discuss the facts of your case, any evidence you may have, whether the facts of your case meet the legal requirements for a lawsuit, and your eligibility for any compensation. You should also discuss the steps involved in bringing a personal injury case as well as things you should and should not do in regards to your injury.

The Facts

An attorney will need to know the events that led to your accident or injury. Where you were, what you were doing, your relationship to the defendant, were you driving, were you a pedestrian, what sort of vehicles were involved, were there any warning signs of danger, was the floor wet, and many other facts that help create a picture of what happened. If you took notes immediately after your accident, this is one instance where they will be valuable.

Evidence

An attorney should not expect you to have every single bit of evidence at this stage in your case; however, do share with the attorney contact information for any witnesses, photos of the scene, police reports, medical records, and any other proof to support your case.

Legal Requirements

This is the part of the consultation where the attorney will assess whether the at-fault party should be required to pay you damages. If the facts of your case don’t meet the legal requirement to file a lawsuit, the attorney should let you know. At this stage, the attorney has only your version of the facts to go on, so you should answer all of their questions honestly and truthfully.

Compensation

If you have met the legal requirements for a lawsuit, during the consultation the lawyer will go over the types of compensation you may be awarded, either in a settlement or if you win your case at trial.

You should also discuss the importance of identifying all sources of insurance because the vast majority of defendants in Georgia personal injury cases do not have enough assets to pay a substantial judgment.

For Your Free Consultation, Contact Williams Elleby Howard & Easter

Our attorneys are here to help you figure out what to do next. If you have been injured in Georgia and have questions about the law and the facts of your case, contact Williams Elleby Howard & Easter to schedule a free consultation by calling 833-LEGALGA.

Williams Elleby Howard & Easter Welcomes Chase Elleby And Shannon Sullins To Our Team

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We are excited to announce that Chase Elleby and Shannon Sullins have joined Williams Elleby Howard & Easter, a premier personal injury and wrongful death firm in Cobb County, Georgia.

CHASE ELLEBY

Chase was raised in Kennesaw, Georgia where he graduated from Kennesaw Mountain High School. After high school, Chase attended Florida State University  earning dual degrees in Political Science and Social Science. Chase then studied law at Georgia State University College of Law where he earned his Juris Doctor degree.

After graduating from law school, Chase worked for a well-known defense firm in Marietta before choosing to represent individuals and their families who have been injured by someone else’s negligence. In the past two years, Chase used his negotiation and trial skills to recover over $4,500,000.00 for his clients. As a former insurance defense lawyer, Chase knows the tricks insurance companies use to minimize the amount they should pay in settlements. Chase works hard to maximize every recovery for his clients.

If you would like to learn more about Chase, you can find him on the web at: Chase Elleby Linkedin

SHANNON SULLINS

Shannon grew up in a military family and traveled the United States as a child. She eventually ended up in Warner Robins, Georgia after her father was transferred to Robins Air Force Base.   Shannon graduated from Houston County High School and the University of Georgia where she obtained a degree in Scientific Illustration. After graduation, Shannon attended a Medical Illustration program at the Cleveland Institute of Art where she expanded her knowledge of art, anatomy and medicine through medical classes at Case Western Reserve School of Medicine.

After graduate school Shannon began working at Nucleus Medical Media as a Medical Illustrator and Animator where she gained over 9 years of experience in the field of Medical Legal Illustration. Shannon’s education and experience as a medical illustrator provided her with extensive knowledge of the human body and injuries commonly seen car accidents, slip and falls, and medical negligence lawsuits. Shannon’s primary responsibility for the firm will be to work with clients and attorneys to gather, analyze, and organize medical records and bills for settlement and trial.

If you would like to learn more about Shannon, you can find her on the web at: Shannon Sullins Linkedin

GEORGIA PERSONAL INJURY AND WRONGFUL DEATH LAWYERS

If you or a loved one have been injured due to the negligence of another, call Williams Elleby Howard & Easter today at 833-LEGALGA. Trial Lawyer Joel Williams and Attorney Chase Elleby provide free consultations and will help you understand all of your legal options.

Our firm is located at 3900 Frey Road, NW, Ste. 104, Kennesaw, Cobb County, Georgia 30144 but we handle cases throughout Georgia and Alabama. We will come to you if you are unable to travel to our office for any reason. You can also email any of our attorneys or staff with any questions you may have about your injury case:

Attorney Joel Williams: Joel@gatrialattorney.com

Attorney Chase Elleby: Chase@gatrialattorney.com

Office Manager Karen Cheney: Karen@gatrialattorney.com

Paralegal Shannon Sullins: Shannon@gatrialattorney.com