Category: Legal Advice

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.

Finding the Right Lawyer for You and Your Case

There are many types of attorneys, but only a few will be able to handle your specific legal claim. You should find an attorney that not only focuses his or her practice on the type of case that you want to assert, but you should also find a lawyer that fits with your personality and has experience in the area of the law that affects you.

Finding an Experienced Personal Injury Attorney

Lawyers often focus their practice on just a couple areas of the law, and many personal injury attorneys handle only specific personal injury work. The same can be said about lawyers that draft wills or deal with family law issues. A lawyer is often very good in one or two practice areas. The law is so complicated that having a “jack of all trades” attorney can be detrimental to your claim because the lawyer may not know the best tactics for your particular type of case.

If you have suffered an injury, you need to find an attorney that has experience in personal injury cases. You should use a lawyer that has had success in cases very similar to yours. If you were in a car accident, find an auto accident attorney. If you were involved in a medical injury, a medical malpractice attorney should be whom you hire. Take advantage of your lawyer’s knowledge and experience by using someone who has handled cases like yours before—and won.

Finding the Right Personal Fit

Some lawyers simply mesh well with certain people over others. You want an attorney who makes you comfortable. Finding someone you can trust is very important in personal injury cases because you must often share intimate details of your life and health conditions. If you are uncomfortable with your attorney, that can undermine your case.

Take some time to meet with your potential lawyer before you make any decisions about whom you should hire. A simple face-to-face meeting can tell you a lot about the person and how you interact with him or her. Does he or she answer your questions directly? Does he or she give “lawyer-like” answers instead of providing you with a realistic outlook of your case? Does the attorney seem too aggressive for what you had in mind?

Finding the Right Level of Input

Some clients want a lawyer who will notify them of the progress of the case every step of the way. Other clients prefer to only hear about the case when the lawyer needs something or if something major has happened. Ask the attorney what type of relationship he or she normally has with their clients. Some lawyers are not very good at client communication, and asking how often clients are updated can go a long way to letting you know how involved you may be in the case.

At Williams Elleby Howard & Easter, we understand that your case is important to you, and we can keep you as involved as you would like to be. Call 833 – LEGALGA today to set up a consultation to learn about your potential legal options for your personal injury case.

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.

Know Your Rights When Signing Commercial Gym Contracts

In 2015, there were 36,180 registered gyms located throughout the United States. Perhaps you were a member of one or looking to join another. At the beginning of every year, gyms scramble to get people to sign contracts the second they walk through the door. Before you fork over your hard-earned cash, make sure you know your rights as a consumer so you can identify which rights a gym is asking you to sign away in those contracts.

General Tips

Before you sign on the dotted line, do some research on the gym you want to join. Here are some questions you should know the answer to:

• Is the gym accredited with the Better Business Bureau here in Georgia?
• Have there been any complaints or lawsuits filed against the gym in the last three years?
• Will the gym send you a contract via email so you can read it thoroughly before you sign it? Gyms typically won’t do this, but it doesn’t hurt to ask. If a gym does email it, that’s a good sign it isn’t hiding anything from you.
• Is there an auto-renewal policy?
• How can you cancel your contract? Most gyms require members to mail or email notice to the corporate office. Be sure to read the contract to see if you will be forced to pay for the remainder of your contract if you cancel it early.

Liability Waivers

A waiver is the forfeit or surrender of claims, rights, or privileges. In exchange for participating in activities as a gym member, you forfeit (certain) rights to sue the gym or trainer. Essentially, this means you promise not to sue the facility for the dangers associated with the activities detailed in the liability waiver. The gym also promises that you will not be injured from the equipment you will use.
Below are some things to consider before you sign a gym contract:

• You will waive typical negligence claims but still retain the right to sue for gross negligence (intentional) or negligent security.
• Will the gym be liable for premise liability associated with its equipment and staff?
• You will likely sign a model release form. If you sign it, the gym will be able to take pictures of you and use them as it wishes.

If you signed a liability waiver at the gym where you were injured, you will want an attorney to investigate the incident and determine whether the waiver is valid and whether there are any ways to get around the waiver. For example, Georgia case law has established that liability waivers are invalid insofar as they purport to waive liability for gross negligence. Many times a jury must decide whether the negligence which caused an injury is “gross.” See McFann v. Sky Warriors, Inc., 268 Ga. App. 750, 758 (2004) and Trustees of Trinity College v. Ferris, 228 Ga. App. 476, 477 (1997) (“[w]hen facts alleged as gross negligence are such that there is room for difference of opinion between reasonable men as to whether or not negligence can be inferred, and if so whether in degree the negligence amounts to gross negligence, the right to draw the inference is within the exclusive province of the jury”).
A key fact in all Georgia cases affirming the grant of summary judgment to Defendants based on liability waivers has been that in each of those cases the waivers contained specific language that relieved the Defendant of liability for negligence. In Georgia, exculpatory clauses must be “explicit, prominent, clear and unambiguous.” Holmes v. Clear Channel Outdoor, Inc., 284 Ga. App. 474, 477 (2007). Any ambiguities in exculpatory clauses are construed against the drafter. Id. If the “Waiver of Liability” at issue in your claim does not mention negligence, it may not bar your claims.

The Three-Business-Day Refund Rule

What happens if you sign a gym contract but get buyer’s remorse quickly thereafter? Don’t worry. You have three business days to tell an employee, generally the front desk manager, that you changed your mind and want a refund. By law, the gym is required to refund your money within 10 business days.

Answers to Your Gym Contract Questions

To protect your rights as a consumer, keep the foregoing tips in mind as you decide whether to join a Georgia gym. If you sign a contract, make sure to get a signed copy. If you need help or have questions, call the Atlanta area trial lawyers at Williams Elleby Howard & Easter at 833 – LEGALGA for a free consultation.

So you want the inside scoop on those low down, money hungry, ambulance chasing bastards that litter the interstate with billboards and your television with commercials?

Well, here it is from an admittedly biased trial lawyer:

Real trial lawyers are warriors.

They go to battle against insurance companies and corporations that have more money than many third world countries. Real trial lawyers get justice for those who don’t have the resources to take on the insurance companies and corporate giants. Real trial lawyers do all this despite being the brunt of nasty jokes and smear campaigns. Real trial lawyers often find themselves fighting for the very people that tell hateful “lawyer jokes” or fly the “tort reform” banner. Real trial lawyers fight for people, sacrifice time with their families, and put their own hard earned money on the line in the name of justice.
What about those low down, money hungry, ambulance chasing bastards? They are not real trial lawyers. Every profession has a few bad apples and the Plaintiff’s bar has more than its fair share. In my opinion, the negative perception of trial lawyers is due in large part to what I like to call “settlement mills.” Settlement mills are law firms with very few lawyers and a large number of legal secretaries or paralegals. They are usually the law firms you see with tacky billboard ads or classless commercials. Many times clients of a settlement mill will never meet their lawyer. Why? Because the lawyer probably has 5,000 cases managed by a staff of 10-15 paralegals. How sad is that? The goal of a settlement mill is simple: Take on as many cases as possible; settle them fast for whatever you can get; refer out the ones that won’t settle; move on to the next poor sap that didn’t know calling the number on the side of the bus was a bad idea. Smh…
Some who call themselves “trial lawyers” are even worse. They will hire people to scan local police reports and show up at the injured person’s house or hospital bed with a contract in hand. Of course, this is unethical under nearly every state’s bar rules but it is rarely enforced. In my humble opinion, lawyers who do this should be arrested, prosecuted, and thrown in jail.

Real trial lawyers have a unique responsibility in today’s world.

Yes, we run a business and must make money to stay in business. At the same time, we represent people who are suffering. Our clients are going through what is likely one of the most difficult times in their lives. They need a warrior that will take on the big corporation or insurance company. They need a warrior that is not afraid to stand up for justice. They need a champion.

Real trial lawyers put your interest first.

If you have been seriously injured or suffered the loss of a loved one due to the negligence of another, I encourage you to find a real trial lawyer. Find someone who will go to war with you against the insurance company. Above all, find a real trial lawyer that will always put your interest first.  I recommend that personal injury victims sit down and meet with at least three different lawyers before making a final decision.
Who do you trust? Who has the skill and knowledge and yes, the fortitude, to stand by your side and fight with you? Only you can make that call. But rest assured, it will be one of the most important decisions you will ever make.