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.

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.

Georgia Assumption of Risk Doctrine

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Under the classic assumption of risk doctrine, a defendant is not liable for harm caused if the plaintiff voluntarily and knowingly assumed the risk. Georgia courts have long accepted the doctrine of assumption of risk. Assumption of risk is an affirmative defense to liability, although Georgia courts will sometimes integrate assumption of risk into a comparative fault analysis.

The Court of Appeals of Georgia has held that a defendant may successfully assert assumption of risk as a defense when defendant shows that the plaintiff:

1. Had actual knowledge of the danger in question;
2. Understood and appreciated the risks associated with such danger; and
3. Voluntarily exposed himself or herself to those risks.

Examples of Assumption of Risk Being Applied in Georgia Courts

Georgia courts have accepted assumption of risk defenses in many types of personal injury cases, including premises liability and product liability cases. The cases highlighted below show how Georgia courts apply doctrine in different types of cases.

Teems v. Bates, 684 S.E.2d 662 (2009)

In this case, teenager Janna Teems was injured after falling off of the top of a car driven by her friend, Matthew Bates. Teems wanted to ride on top of the car for fun as Bates drove around in a parking lot, but Bates drove faster than Teems expected (10-15 mph) and fell from the car. She was seriously injured and required weeks of hospitalization.

Teems sued Bates for negligence, but the trial court found that Teems assumed the risk of harm and ruled in favor of Bates. The appeals court affirmed this decision, finding that:

“When a person knowingly and voluntarily takes a risk of physical injury the danger of which is so obvious that the act of taking such risk in and of itself amounts to a failure to exercise ordinary care for one’s own safety, that person cannot hold another liable for injuries proximately caused by such action even though the injuries may be in part attributable to the negligence of the other person.”

This case shows that when a plaintiff assumes a major risk, the assumption of risk doctrine will apply even when the defendant’s conduct was clearly negligent.

Landings Association, Inc. v. Williams, 728 S.E.2d 577 (2012)

This case shows how assumption of risk is applied in premises liability cases. In this case, 83-year-old Gwyneth Williams was killed by an alligator as she walked on a pathway along a man-made lagoon. Her family brought suit against the property owners. However, it was well-known in that area that alligators lived in the waters of the property. Moreover, the property owners warned residents in the area about the presence of the alligators. The Georgia Supreme Court found that although the property owners had a duty to keep the premise reasonably safe, that in this case Williams assumed the risk that an alligator could harm her.

Wilson v. Bicycle South, 915 F.2d 1503 (1990)

This product liability case was decided in the US Court of Appeals for the 11th Circuit, which is located in Atlanta. Although the case was decided in a federal court, Georgia state law was applied. The court determined that if a plaintiff voluntarily decides to use a product, despite knowing about a product’s defect and being aware of the danger the defect presents, they cannot recover in a product liability claim if the product harms them because they assumed the risk.

For More Information, Contact Williams Elleby Howard & Easter, Today

The attorneys at Williams Elleby Howard & Easter, are dedicated to helping personal injury victims with all types of personal injury claims, including auto accidents, “slip and fall,” premises liability, and product liability claims. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, today to schedule a free consultation at 833-LEGALGA.

Do All Personal Injury Claims End Up in Court?

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Do All Personal Injury Claims End Up in Court?

Although it may seem like every personal injury claim ends up in court on TV or in movies, that is not the case in real life. In fact, roughly 95% of pending lawsuits settle. This means only one in 20 personal injury cases is tried before a judge or jury. Although most attorneys prepare for every case as if it is going to trial, the reality is that this preparation is often used as a means to obtain a favorable settlement.

Deciding Whether to Go to Trial

When cases do go to trial, it is usually because settlement efforts have been unsuccessful. In other situations, the victim wants to have their day in court for personal or political reasons. For example, if you are a victim of a products liability claim, you may want to go to trial to increase public awareness of a dangerous product.  Taking your case to court will help prevent future accidents and make the manufacturer or designer of the product alter their current practices.

Taking a case all the way to trial is extremely time-consuming and can be expensive. Depending on the accident, it can also be emotionally and even physically draining. Some victims want to avoid going to trial because they do not want to relive the experience again when they tell their story in front of a jury.

Victims should carefully consider the pros and cons of taking a case to trial. Your personal injury attorney can help you think through this decision.

Potential Negatives of Going to Trial

No matter how airtight your case may be, there is always a chance of obtaining a negative result when you go to trial. It is always a gamble when you walk into a courtroom. You could end up with everything you requested or nothing at all. There are other drawbacks to consider as well.

  • Delayed compensation. It can take months and even years to prepare a case adequately for trial. Victims may not be able to wait this long to address their financial needs after an accident. Settlements offer faster payments so victims can often get back on their financial feet earlier.
  • Appeal rights. When a case is heard in front of a judge or jury, there is almost always a right to appeal. This appeal process can drag out for additional months or years, further delaying compensation. There are no appeal rights in a settlement agreement. A settlement finalizes the case so you can move on. This is often very attractive to victims.
  • Cost of litigation. Victims who are not on a contingency fee arrangement with their attorneys face significant legal fees when they go to trial. Even those who are on contingent fee arrangement may often need to employ experts who will testify at trial. These costs are often the ultimate responsibility of the victim if he or she wins their case.

Deciding whether to have your day in court is a highly personal decision, and there are advantages and disadvantages that you need to consider for your particular lawsuit. Williams Elleby Howard & Easter will be able to evaluate your case and your unique situation to determine the potential outcome of your case. Contact us in Cobb County, Georgia at 833 – LEGALGA for more information.

The Importance of Gathering Witness Information Post-Accident

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The Importance of Gathering Witness Information Post-Accident

If you’ve been involved in a car wreck, struck by a tractor-trailer, or had a slip and fall on someone else’s property, then you know how frenzied the scene is. Getting witness information is the last thing on your mind; however, if you are not physically impaired after the accident and have been treated for your injuries, it is critical you retrieve witness information from the scene.

Types of Witnesses

There are three types of witnesses in a personal injury case:

  • Pre-accident witnesses: Pre-accident witnesses saw the other driver speeding, or were in the facility when you fell. For example, these witnesses can be drivers, pedestrians, or employees
  • Event witnesses: Event witnesses saw the automobiles collide or your slip and fall
  • Post-accident witnesses: Post-accident witnesses include emergency personnel, doctors, and police officers who were at the scene following the crash or fall

How to Gather Witness Information

All you or a loved one has to do is ask a bystander/witness for their name and what they saw happen. Some people may be reluctant to give out their phone number to a stranger, but it doesn’t hurt to ask. Another avenue is to ensure that a police officer on the scene writes the witness’ information and statements in his report. However, if you can procure this information yourself, we suggest you do; police officers are busy, and their reports may not always include all relevant information. If none of this is possible, an experienced Georgia personal injury attorney can help track down witnesses or hire a private investigator to get their information. Keep in mind, though, that getting the information at the time of the accident increases your chances of obtaining reliable statements.
Witness information is recorded in sworn statements through police reports, affidavits, or audio or visual recordings. It includes what they saw at the time of the accident, their opinions, and anything else relevant to your case. You want to ensure that their statements are recorded at the time of the accident or as close to it as possible.

How Witness Information Is Used

Witness information helps establish fault in an accident and is a deciding factor in the amount of compensation you may be awarded. It may be years before your case is tried in court and  individuals’ memories fade over time, or they may have trouble recalling certain events. Recorded witness statements and information are used in court to help refresh witnesses’ memories, to impeach them if they are caught lying about a fact, or can be used if a witness passes away before trial.

Contact Us

If you or a loved one were involved in a car accident or slip and fall, please know the Williams Elleby Howard & Easter are here to help you. Should you have any questions, don’t hesitate to call us at 833-LEGALGA. Our consultations are free, and you are under no obligation to hire us to assist you. We want you to fully understand your rights so you can make an informed decision and do what is best for your case.

How Does a Contingency Fee System Work?

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Under a contingency fee arrangement, clients do not pay their attorneys unless they win their case. For some arrangements, clients may still need to pay expenses and court costs, but in many arrangements the law firm will advance all legal costs until a case is settled or won. Contingency fees are typically seen in personal injury cases. Car accident, premises liability, defective product, and malpractice claims are frequently conducted on a contingency fee basis. Other types of claims may be handled on a contingency basis in certain circumstances. However, contingency fees are never available for criminal law, immigration, or family law cases.

What is a typical contingency fee?

A typical contingency fee ranges from 33-40% of the total amount won by a plaintiff. However, fees can vary widely based on the particular facts of a case. The time an attorney expects to work, the amount of the potential award, and the overall strength of a case are all factors that the attorney will need to consider.

Benefits of a contingency fee arrangement:

  • Contingency fee arrangements give access to justice for plaintiffs that are unable to afford to pay an hourly rate or flat fee to their attorney upfront.
  • Because a law firm knows it will only get paid if it wins your case, it will only agree to represent you if the firm’s attorneys feel very strongly that you can win. Therefore, if a firm agrees to represent you on a contingency basis, you can rest easy knowing that your attorney fully believes in the validity of your case.

Detriments of a contingency fee arrangement:

  • A fair contingency fee is based on the law firm’s best-guess as to what is likely to happen in a case.  But, sometimes outcomes can be unexpected. For instance, if an attorney can settle a case more quickly than anticipated, he may gain a large contingency fee for a mere few hours of work. In other circumstances, a case can drag on far longer than an attorney expects and end up costing the attorney far more than the contingency fee was worth. Both clients and attorneys thus take on some risk that a contingency fee may, in hindsight, seem unfair.
  • Contingency fees can sometimes cost more in the end. With these arrangements, attorneys are absorbing the risk that their client may lose or be unable to collect their judgment. Despite a high likelihood of success in contingency fee cases, every once in a while, an attorney puts forth time and energy into a case and ends up getting paid nothing. To offset these losses, law firms need to charge more for contingency fee cases.
If you have a potential claim, you should consider whether a contingency fee is the best option for you. At Williams Elleby Howard & Easter, we offer services on a contingency fee basis and would be happy to discuss this and other options with you if you would like to discuss your case. For most cases, we will advance all legal fee costs until your case is settled. Call Williams Elleby Howard & Easter today at 833-LEGALGA for a free consultation.

How Do I Prepare for My Deposition?

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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.