7 Ways to Maximize Your Back Injury Settlement and Increase Compensation

Dollar Bag & Judge's Gavel. Concept of Maximizing Settlement & Compensation

Back injuries are among the most life-altering consequences of serious accidents. Motor vehicle crashes, slip and fall accidents, workplace incidents, and other traumatic events can damage the spine, muscles, or discs. These injuries often disrupt your ability to work, sleep, or carry out everyday tasks. If someone else caused your injury, you may be eligible to pursue financial compensation. But getting the highest possible settlement doesn’t happen automatically.

To maximize your back injury settlement and increase compensation, you’ll need a clear strategy backed by documentation, legal guidance, and consistent medical care. Insurance companies assess every detail. A missed appointment, vague medical records, or early acceptance of an offer could cost you thousands.

Every action you take, from the first medical visit to the final negotiation, can influence the value of your back injury claim.

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Key Takeaways for Maximizing Back Injury Settlements

  • Detailed documentation of medical treatment, lost wages, and pain levels strengthens your claim.
  • Never accept an insurance company’s initial settlement offer. It’s most likely that it will be less than what you actually need.
  • Avoid discussing your injury on social media, as it may be used to reduce or deny compensation.
  • Specialized care and compliance with treatment plans signal the seriousness of your injury.
  • Legal representation can significantly increase your chances of securing a higher payout.
  • The right lawyer can help document your losses, negotiate assertively, and handle insurers on your behalf.

1. Talk to a Personal Injury Lawyer Early in the Process

Insurance companies often move quickly to protect their interests. They may call within days to ask questions, request statements, or offer a fast settlement. These early interactions can be risky without legal guidance.

Hiring a personal injury lawyer early can protect your rights and strengthen your claim from the start. Attorneys understand the strategies insurers use to reduce payouts. They can also help gather the evidence needed to support your injury, calculate full damages, and guide you through the legal process.

A lawyer can help you:

  • Determine the full value of your case based on medical bills, future care needs, and non-economic damages
  • Identify all parties that may share liability for your injury
  • Build a comprehensive case file to support your claim
  • Negotiate assertively with insurers who downplay your injury

Legal guidance is not about creating conflict. It’s about protecting your future. Without it, important aspects of your case may be missed or undervalued.

2. Never Miss Medical Appointments or Delay Treatment

Insurers closely examine your medical history to assess how serious your injury is. Gaps in care, skipped appointments, or delays in seeking treatment can be used to argue that your injury isn’t as severe as claimed or wasn’t caused by the accident at all.

Staying consistent with your treatment plan also shows that you’re taking your recovery seriously. This not only supports your claim but may also speed up your healing process.

If you’re unable to attend an appointment, reschedule it right away and keep a record of why it was missed. Don’t stop treatment because you feel slightly better. Many back injuries worsen without ongoing care.

3. Seek Treatment From a Back Injury Specialist

General practitioners are often the first step after an injury, but they may not have the expertise to fully assess spinal damage. Specialists such as orthopedic surgeons, neurologists, or pain management physicians can offer more precise diagnoses and treatment plans.

Their input can carry more weight with insurers and courts, especially in cases involving:

  • Herniated or bulging discs
  • Lumbar or cervical spine injuries
  • Chronic nerve pain or numbness
  • Surgical interventions or long-term rehabilitation

Specialist records often contain detailed notes on range of motion, pain levels, diagnostic test results (like MRIs), and treatment progress. These details can support a claim far more effectively than less precise, generalized notes about your condition.

4. Document Your Recovery and Losses in Real Time

Pain and recovery are deeply personal experiences, and your claim should reflect that. Keeping a written or video journal about your recovery can help paint a fuller picture of how your injury affects your daily life. This personal account may be used to support non-economic damages such as pain and suffering.

Consider documenting:

  • Daily pain levels and sleep disruptions
  • Physical limitations and mobility changes
  • Missed events or hobbies due to discomfort
  • Emotional distress or anxiety related to your condition
  • How your injury affects your relationships and work

Back injury claims often hinge on how the injury affects your ability to live a full life. Your words, observations, and thoughts can be powerful supporting evidence.

5. Keep Thorough Records of Every Expense and Impact

Insurance companies require proof of every dollar claimed. If you’re seeking compensation for lost wages, medical bills, or even parking fees for doctor visits, you’ll need detailed documentation.

Keep records of: RECORD KEEPING - words on note paper against the background of a calculator and paper clips

  • All medical bills, prescriptions, imaging tests, and physical therapy
  • Travel costs to and from appointments
  • Lost wages or reduced hours at work
  • Disability accommodations, such as home modifications
  • Any out-of-pocket costs related to the injury

Even small expenses add up over time. Detailed records make it harder for insurers to dispute your claim or argue that costs are inflated.

Every state, including Georgia, allows back injury victims to seek both economic and non-economic damages, although some states impose caps on the amount. While economic damages reflect financial losses, non-economic damages address the physical pain and emotional toll the injury has caused. Both categories require strong documentation.

6. Avoid Speaking to Insurance Adjusters Without Legal Advice

Insurance adjusters may sound polite and helpful, but their goal is to settle your case for as little as possible. What you say during the initial calls, even casual remarks, can later be used to reduce your settlement.

Insurance adjusters often ask seemingly harmless questions to minimize your claim. They might bring up your current symptoms, ask whether you’ve returned to work, or dig into your medical history. When you answer casually or without legal guidance, you risk giving them something they can use to reduce or deny your compensation.

Even an innocent “I’m feeling okay” could be used to downplay your injury. Adjusters may also ask for a recorded statement or pressure you to accept an early offer.

If you’re asked to speak to an adjuster:

  • Decline to give a recorded statement without your lawyer present
  • Don’t guess or speculate. Only state facts
  • Avoid downplaying your symptoms out of politeness
  • Never accept a first offer without reviewing it with your attorney

Once you accept a settlement, you typically waive your right to any future compensation, even if your injury worsens later. This is why legal advice is essential before negotiating or signing anything.

7. Stay Off Social Media Until Your Claim Is Resolved

Social media can jeopardize a personal injury claim more than most people realize. Defense attorneys and insurance investigators routinely monitor platforms like Facebook, Instagram, and TikTok, looking for posts they can use to discredit injury claims.

No matter how innocent, a single photo or video could be used out of context to suggest you’re not as injured as you claim.

Types of posts to avoid:

  • Photos showing you active or smiling at events
  • Status updates about your recovery or medical visits
  • Comments from friends about your condition
  • “Check-ins” or location tags that imply mobility

Even private accounts aren’t immune. If you’re filing a back injury claim, consider staying off social media entirely until your case concludes. What might seem like a harmless post could end up costing you a portion of your settlement.

What Affects the Value of a Back Injury Settlement?

The value of a back injury claim depends on multiple factors, not just how badly you’re hurt, but also how well you can prove it. Insurance companies look at the physical and financial impact of the injury and the strength of the evidence you provide.

Common factors that influence settlement amounts include:

  • Severity of the injury: Claims involving herniated discs, spinal fractures, or surgery generally result in higher compensation than soft tissue strains.
  • Length of recovery: The longer it takes to recover, the more your claim may be worth due to extended medical care and lost wages.
  • Impact on daily life: Loss of mobility, career changes, or the inability to enjoy daily activities often increase non-economic damages.
  • Strength of medical evidence: Detailed records, specialist evaluations, and imaging results all add credibility to your claim.
  • Liability and comparative fault: If the other party clearly caused the accident, the claim is stronger. But if you’re partially responsible, your compensation may be reduced.

In states like Georgia, the modified comparative negligence rule applies. This means you can still pursue compensation if you were less than 50% at fault, but your award may be reduced by your percentage of blame.

A knowledgeable attorney can help you evaluate how each of these elements applies to your case and build a claim that reflects the full impact of your injury.

How to Handle Pre-Existing Back Conditions During a Claim

Many back injury claimants already had some form of spinal issue before the accident. Whether it was a mild bulging disc, past back surgery, or chronic pain, insurance companies often use this against you.

But a pre-existing condition doesn’t disqualify your claim. In fact, if an accident aggravated or worsened a prior injury, you can still recover compensation for the new harm caused.

Here’s how to protect your claim if you had a prior back injury:

  • Be honest with your doctors: Concealing a prior condition can damage your credibility and harm your case. Transparency builds trust.
  • Compare old and new medical records: Showing the difference between your current limitations and your previous baseline helps demonstrate how the accident changed things.
  • Document new symptoms: Keep a record of pain flare-ups, mobility issues, or new treatments you didn’t need before.
  • Let your attorney explain the aggravation: A skilled lawyer can present your medical history in a way that strengthens your case rather than weakens it.

Courts recognize that people with pre-existing conditions are still entitled to compensation if an accident makes their condition worse. This is especially true when the evidence clearly shows a change in function, pain level, or quality of life after the injury.

How Long Does a Back Injury Settlement Take?

Clock, Gavel and Book One of the most common questions after a serious injury is, “How long will it take to get paid?” While it’s a fair concern, there’s no one-size-fits-all answer. The timeline depends on the nature of the injury, how long recovery takes, the complexity of the case, and whether a lawsuit is filed.

Some of the factors that influence settlement timelines are:

  • Medical treatment timeline: Settlement discussions typically begin after you’ve reached maximum medical improvement (MMI). This helps ensure your compensation accounts for all future care needs.
  • Severity and complexity: More serious injuries often require longer treatment, more documentation, and deeper investigation.
  • Disputed liability: If the other party denies responsibility or multiple parties are involved, resolving those issues can extend the process.
  • Insurance company tactics: Some insurers stall to pressure victims into accepting lower offers. An attorney can help keep the process moving.
  • Willingness to negotiate: Accepting a low offer may speed things up, but it often results in less compensation than you deserve.

If you’re worried about time, speak with an attorney. They can give you a personalized overview of your case and explain what steps can be taken to keep things on track without rushing to settle for less than your claim is worth.

The key is patience and preparation. A quick resolution may provide relief in the short term, but thorough legal preparation can lead to a much higher long-term payout. You never want to find yourself ten years from now struggling with accident-related injuries and losses you never expected.

FAQs for How to Maximize a Back Injury Settlement

The amount varies based on your medical costs, pain levels, lost wages, and long-term impact. Claims involving spinal damage, surgery, or long-term disability tend to result in higher settlements.

You can still file a claim. If the accident made your condition worse, you’re eligible to seek compensation for the aggravation. Be honest with your doctor and attorney so they can document the change accurately.

Yes, if your doctor expects you’ll need ongoing treatment, physical therapy, or pain management, those future costs should be factored into your settlement. Medical expert input helps project those future needs.

No. Initial offers are usually lower than what your claim is worth. Once you accept an offer, you typically waive the right to seek additional compensation—even if your condition worsens later.

At Williams Elleby Howard & Easter, we handle personal injury cases on a contingency fee basis. You won’t pay anything up front, and you owe no legal fees unless we recover compensation for you. Our fee comes from a percentage of the final settlement or court award—never out of your pocket.

Trusted Legal Help for Back Injury Claims in Kennesaw, Georgia

A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Personal Injury Lawyer

When you’re dealing with a serious back injury, the choices you make now can affect your health and finances for years. We know these injuries aren’t just about medical bills—they change the way you work, move, and live your life.

If you want to increase back injury compensation or pursue the strongest possible settlement, our attorneys at Williams Elleby Howard & Easter can help. Our role is to take on the legal stress so you can focus on healing. Our team will gather evidence, work with medical experts, handle the insurance company, and protect your interests every step of the way.

We have represented countless back injury clients across Georgia, including here in Kennesaw and the surrounding communities, and you can trust us to fight for you just as we have for them. Some of our recent case results include:

  • Car wreck involving nonsurgical back injuries (Clayton State Court): $1,213,399.18 jury verdict
  • Premises Liability Involving Back Injury (Kennesaw, GA) – $250,000 Recovery
  • Car wreck case involving back injury (Lumpkin Superior Court): $225,000 recovery

At Williams Elleby Howard & Easter, we fight for clients across Georgia with compassion and determination. Call (404) 389-1035 or contact us online for a free consultation. We’ll listen to your story, explain your options, and work with you to build a plan that prioritizes your recovery and your future.

Call Us. It Won’t Hurt!™

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How Much Does a Lawyer Cost for a Car Accident?

Legal fees are shown using a text and photo of dollars

When you’re recovering from a crash caused by a negligent or reckless driver, one of the first questions that crosses your mind is: How much does a lawyer cost for a car accident? You’re not alone in that concern. Most people worry about how to afford legal help, especially when you’re in financial distress with medical bills and missed paychecks.

When you work with a personal injury lawyer, you normally don’t pay anything up front. Most car accident attorneys work on a contingency fee basis, which means their payment comes from your settlement, not out of your pocket.

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Key Takeaways

  • Most car accident lawyers work on a contingency fee basis, which means you don’t pay unless you recover compensation.
  • Legal fees are usually based on a percentage of the final settlement or verdict, not hourly billing.
  • Factors such as case complexity, severity of injury, and insurance pushback can affect overall attorney costs.
  • Hiring a lawyer helps increase your compensation and generally leads to stronger case outcomes overall.
  • A good attorney helps protect your rights, values your time, and manages every legal detail so you can focus on healing.

What Is a Contingency Fee in a Car Accident Case?

A contingency fee means your lawyer only gets paid if they recover money for you. If you don’t win, you don’t owe attorney fees.

In most personal injury cases, including car accidents, this model aligns the attorney’s interests with yours. They are motivated to recover the highest possible settlement or verdict because their fee depends on the outcome.

Unlike hourly billing, there are no invoices piling up while your case progresses. Instead, the fee is deducted from your settlement once the case concludes.

In short, the benefits of contingency fee arrangements include: Contingency Fee wording with magnifying glass and money.

  • No upfront payment required
  • No hourly billing to track
  • Your lawyer is incentivized to fight for fair compensation
  • Accessible legal help regardless of income level

This fee structure levels the playing field, especially when you’re up against well-funded insurance companies.

How Do Car Accident Lawyers Charge for Their Services?

Although most personal injury attorneys use contingency fees, the exact fee structure can vary based on several factors. Understanding these details helps set clear expectations before hiring an attorney.

Factors that may influence how car accident lawyers charge:

  • Case complexity: More complicated cases involving multiple vehicles, commercial trucks, or disputed liability may require more time and resources.
  • Injury severity: Serious injuries such as spinal cord damage or traumatic brain injuries (TBIs) often involve higher stakes and longer timelines.
  • Litigation status: If your case goes to trial, your lawyer’s work increases significantly, and so might their percentage.
  • Jurisdictional rules: Some states place limits on attorney fees for certain types of personal injury cases. For example, in Georgia, the Rule of Professional Conduct 1.5 outlines how contingency fees must be fair and clearly communicated in writing.

A reputable attorney will outline all costs up front and provide a signed agreement explaining their fees and how they will be paid.

What’s Included in a Lawyer’s Fee?

Some clients worry that a contingency fee might not cover all expenses. That’s a fair concern, but many personal injury attorneys advance case-related costs on your behalf.

Common expenses your lawyer might cover:

  • Court filing fees
  • Accident reconstruction experts
  • Medical records and expert witnesses
  • Depositions and transcripts
  • Investigation and documentation costs

Once your case concludes, those costs may be reimbursed out of your settlement, but they are not usually charged up front. If you have any concerns about encountering costs you didn’t plan for, talk to your lawyer about them before reaching a formal agreement. Always confirm how expenses are handled before you sign a fee agreement.

What If I Lose My Case? Will I Still Owe Money?

In most situations, no. If your lawyer works on contingency, you won’t owe attorney’s fees if they don’t win your case. However, you should ask about case costs, which are separate from the legal fee itself.

Some firms may still request repayment of out-of-pocket expenses, like expert witness fees, even if you don’t recover compensation. Others cover all costs completely, win or lose.

Be sure to ask:

  • Are case costs included in the contingency fee?
  • Will I owe anything if we don’t win?
  • Who pays for expert witnesses and court reporters?

Clear answers to these questions can reduce anxiety and help you feel confident moving forward.

What Affects the Cost of Hiring a Car Accident Lawyer?

While many lawyers charge similar percentages, your specific case may carry unique factors that impact costs. These details don’t always raise the fee, but they can increase the resources needed to build a successful claim.

Key case factors that influence legal costs:

  • Insurance pushback: If the insurance company denies fault or undervalues your injuries, your lawyer will need to build a stronger, more detailed case.
  • Disputed liability: When fault is unclear or shared, more evidence is required to prove your claim.
  • Multiple parties involved: Crashes with more than one negligent party often increase complexity.
  • Pre-existing injuries: If you’ve had prior health issues, insurance companies may argue your new injuries aren’t accident-related.
  • High-value damages: Larger potential payouts usually invite more scrutiny and resistance from insurers.

Hiring a lawyer helps neutralize these challenges, especially when working to increase compensation or prove the long-term cost of your injuries.

Can a Lawyer Actually Help Me Get a Bigger Settlement?

Yes, and that’s one of the most important reasons to hire legal help after a crash. While no one can guarantee outcomes, research consistently shows that represented accident victims receive significantly more compensation than those who try to handle claims on their own.

A lawyer brings more than just legal knowledge. They offer:

  • Investigation tools that prove liability and strengthen your case
  • Experience negotiating with insurance companies who aim to minimize payouts
  • Documentation support to fully illustrate medical costs, pain and suffering, lost income, and future damages
  • Courtroom representation if your case goes to trial

Most importantly, a lawyer gives you time to focus on recovery while they manage every legal detail. That includes filing deadlines, responding to requests, gathering records, and handling every back-and-forth with adjusters.

Why You Shouldn’t Worry About Paying Upfront

Many injured people worry about whether they can afford a lawyer — especially after losing wages or racking up unexpected medical bills. This fear keeps some from pursuing the compensation they’re legally allowed to seek.

But with contingency fee arrangements, your ability to pay isn’t a barrier. If you hire the right attorney, they’ll fight for your best interests from start to finish and only get paid if you do.

That structure also builds trust. Your lawyer takes on the same risk as you. If the case isn’t successful, they don’t get paid. For this reason, most experienced personal injury lawyers accept cases they are confident they can successfully resolve.

So if you’re holding back because of financial fear, it may help to reframe the question. Instead of asking, “Can I afford a lawyer?” ask: “Can I afford to go without one?”

Do You Ever Pay a Lawyer by the Hour for a Car Accident?

It’s rare, but in some limited situations, car accident attorneys may offer alternative billing models. These are not the industry standard for injury cases, but they do exist.

For instance, a lawyer might offer:

  • Hourly billing: More common in non-injury civil cases, but occasionally used in unusual personal injury situations, especially if the client only needs help reviewing an insurance claim or drafting a legal document.
  • Flat fees: Generally only seen in pre-litigation services such as demand letters or consulting reviews
  • Hybrid models: A mix of upfront payment and contingency

For car accident claims, especially those involving serious injuries, contingency arrangements remain the most accessible and client-focused option. They eliminate up-front financial stress and align your lawyer’s priorities with yours.

When Might the Fee Percentage Change?

Most car accident lawyers stick with a standard contingency percentage, but that amount might shift if your case enters litigation or goes to trial.

This doesn’t mean you’ll be blindsided. Fee agreements must clearly explain if different stages of the case affect the fee percentage.

For example:

  • Cases resolved before filing a lawsuit may carry a lower fee
  • If your case requires a trial, depositions, or expert witnesses, the percentage might increase slightly

This reflects the additional time, preparation, and costs involved in going to court. These potential changes must always be disclosed in writing before you sign an agreement.

What If You’re Worried About Hidden Fees?

It’s reasonable to ask what’s included and what’s not when hiring a lawyer after a car crash. Honest fee structures are a hallmark of trustworthy legal counsel.

Before signing anything, ask about:

  • Case-related costs: Who covers expenses like filing fees and experts?
  • Deductions: How are costs deducted from the final settlement?
  • Breakdowns: Will you receive a written summary of how funds are distributed?

Most lawyers provide a detailed settlement statement showing how every dollar is allocated. Transparency is critical to maintaining your confidence throughout the process.

If anything feels vague or confusing, don’t hesitate to ask for clarification. Reputable attorneys welcome questions and will take time to explain each part of the agreement.

Will I Get More Compensation if I Use a Lawyer?

Compensation & Gavel It’s a fair question: If a lawyer takes a percentage of your settlement, will you still come out ahead?

According to multiple studies, the answer is almost always yes.

Hiring a lawyer significantly increases the likelihood that you’ll recover any compensation, and it usually boosts the final payout by a wide margin. A study by the Insurance Research Council found that car accident victims who hire legal counsel receive an average of 3.5 times more compensation than those who try to handle the claim on their own.

In another national study by Martindale-Nolo Research, people with personal injury lawyers reported an average settlement of $77,600, while those without lawyers averaged only $17,600. The same research showed that 91% of people who hired an attorney received a payout, compared to just 51% of unrepresented claimants.

Legal fees may seem intimidating, but the value a skilled attorney brings to your case goes well beyond the dollar amount:

  • They know how to build strong claims backed by evidence and expert support.
  • They manage medical billing issues, lien negotiations, and insurance delays.
  • They understand how to calculate long-term losses, not just immediate bills.
  • They protect you from lowball offers that might seem good enough at the moment but are inadequate for your future needs.

For many accident victims, trying to save money by avoiding legal fees ends up being the more expensive choice. A good lawyer’s job is to help you recover as much as possible, not only to cover your current needs but also to secure your future needs.

What Happens After You Hire a Car Accident Lawyer?

Hiring a lawyer sets the wheels in motion. Once retained, your attorney will begin gathering evidence, speaking with witnesses, and assembling your medical records. Their goal is to build a complete picture of your case and determine the value of your losses.

From there, they will:

  • Notify the insurance company that you’re represented
  • Send a demand letter detailing your injuries and requested compensation
  • Negotiate toward a fair settlement
  • Prepare for litigation if the insurer refuses to offer a reasonable resolution

Each step is guided by a strategy tailored to your case’s strengths and challenges. Most importantly, your legal team handles these steps so you don’t have to.

FAQ for How Much Does a Lawyer Cost for a Car Accident?

Each state sets its own statute of limitations. For example, Georgia gives injured individuals two years to file most personal injury claims under the Official Code of Georgia Annotated § 9-3-33. However, other states may have shorter or longer deadlines. Always act quickly to protect your rights.

Most states use some form of comparative negligence, which may allow you to recover compensation even if you were partially responsible. In Georgia, for example, the modified comparative negligence rule bars recovery if you’re 50% or more at fault, but allows partial recovery below that threshold.

Yes. If you’re not satisfied with how your case is being handled, you have the right to switch attorneys. Just be aware that your previous lawyer may still be entitled to a portion of the fee, depending on how much work they performed.

You’re not obligated to accept a settlement offer. Your attorney will provide guidance, but the final decision is yours. If you decline and proceed to trial, your attorney may renegotiate the fee based on the added work involved. Any changes must be agreed upon in writing.

A good lawyer won’t delay your claim unnecessarily. In fact, having an attorney often speeds up the process because they know how to respond to insurance company tactics and avoid common paperwork issues that lead to delays.

Get a Free Consultation With a Georgia Car Accident Lawyer Today

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Joel Williams, Car Accident Attorney


If you’re dealing with serious injuries, lost income, or uncertainty after a car accident, it’s completely fair to wonder about the cost of legal help. The truth is, most personal injury attorneys work on a model designed to remove financial barriers. You pay nothing up front. You pay nothing if your case doesn’t result in compensation.

But you gain much more than legal representation. You gain a partner who knows how to challenge the insurance company, prove the value of your losses, and fight for compensation that reflects what you’ve endured. For serious and complex injuries, that support can make a meaningful difference in your future.

If you’re ready to learn more, reach out to the experienced attorneys at Williams Elleby Howard & Easter. We proudly serve clients across Georgia with integrity, compassion, and proven results. Call (404) 389-1035 or contact us online to schedule your free consultation. Let us help you move forward with confidence.

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Can You Sue Someone If You Are Injured on Their Property?

Insurance agent explaining refusal to pay compensation to accident victim, showing denial of insurance claim.

If you’ve been injured because of unsafe conditions on someone else’s property, a Kennesaw premises liability attorney can help you understand your legal rights and guide you through your next steps. 

Every day in Cobb County, people are seriously injured at shopping centers, restaurants, apartment complexes, and private residences due to property owners failing to fix known hazards or maintain safe conditions. Whether your circumstances qualify as a premises liability claim under Georgia law depends on the specific facts of your injury.

Understanding your rights after a property-related injury is essential to protecting your health, preserving your financial stability, and securing any compensation you may be entitled to.

To discuss your options with an experienced Kennesaw premises liability attorney, contact Williams Elleby Howard & Easter at (404) 389-1035. Securing legal help early can make a critical difference in the outcome of your case.

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Why Choose Williams Elleby Howard & Easter for Your Kennesaw Premises Liability Case?

Premises liability legal document with gavel symbolizing legal responsibility and property owner accountability

At Williams Elleby Howard & Easter, we handle premises liability cases throughout Kennesaw and the greater Cobb County area. Our attorneys understand that property-related injuries often involve complex liability issues and require thorough investigation to identify all responsible parties.

We’ve represented clients injured at major shopping destinations like Town Center at Cobb, local restaurants along Barrett Parkway, apartment complexes throughout Kennesaw, and private residences where safety failures led to preventable accidents. Our experience with local cases gives us insight into the legal and practical challenges injured clients face in the Kennesaw area.

Our firm operates on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your injuries. This arrangement allows injured people to pursue justice without worrying about upfront legal costs while they focus on their physical recovery.

We conduct detailed investigations and prepare every premises liability case with the goal of building a strong claim on your behalf. From documenting dangerous conditions to interviewing witnesses and consulting with safety professionals, we build strong cases that hold property owners accountable for their negligence.

Understanding Georgia Premises Liability Law

Georgia law requires property owners to maintain reasonably safe conditions for people who have legal permission to be on their property. Under O.C.G.A. § 51-3-1, property owners owe different levels of duty depending on the visitor’s legal status and the circumstances of their presence.

Property owners who invite others onto their land have a legal duty to take reasonable steps to prevent harm. That responsibility includes more than avoiding intentional harm—it requires fixing or warning about dangerous conditions.

Georgia courts recognize that property owners have superior knowledge of their property’s conditions and potential hazards. The relationship between property owner and visitor determines the scope of legal duties owed.

Understanding Visitor Categories in Georgia Premises Liability Cases

Georgia law categorizes property visitors into distinct groups, each receiving different levels of legal protection based on their reason for being on the property.

Business Invitees: Highest Duty of Care

Business invitees receive the highest level of protection under Georgia premises liability law.This category includes customers at retail stores, diners at restaurants, and patients at medical facilities.

Property owners must actively inspect their premises for dangerous conditions and either fix hazards or provide adequate warnings. Shopping centers like Town Center at Cobb must maintain safe walking surfaces, adequate lighting, and proper drainage to prevent slip and fall accidents.

Social Guests and Licensees: Moderate Duty

Social guests enter property with the owner’s permission but primarily for their own purposes rather than mutual benefit. This includes friends visiting your home or people conducting personal business on private property.

Property owners owe licensees a duty to warn about known dangerous conditions that aren’t obvious. The warning must be adequate to allow the visitor to appreciate the danger and take appropriate precautions.

Trespassers: Limited Duty

Trespassers receive the least legal protection, as property owners generally owe them only the duty not to willfully injure them. However, exceptions exist for child trespassers and situations where property owners know about frequent trespassing.

The attractive nuisance doctrine protects children who may not understand property boundaries or recognize dangers. Swimming pools and construction sites may create liability even for child trespassers if proper precautions aren’t taken.

Common Premises Liability Accidents in Kennesaw Georgia

Property-related accidents take many forms, but certain types occur frequently due to common maintenance failures and design problems throughout Kennesaw’s commercial and residential properties.

Slip and Fall Accidents at Local Businesses

Slip and fall accidents represent the most common type of premises liability claim. These accidents occur when walking surfaces become dangerous due to spilled liquids, worn flooring, poor lighting, or weather-related conditions that property owners fail to address promptly.

Common slip and fall hazards include:

  • Spilled food and beverages in grocery stores and restaurants
  • Wet floors during cleaning or from tracked-in rain
  • Worn or damaged flooring materials that create uneven surfaces
  • Poor lighting that prevents visitors from seeing hazardous conditions

Property owners must have policies for quickly cleaning spills and regularly inspecting floors for hazardous conditions. Warning signs and barriers help protect visitors, but property owners must also address the underlying conditions causing the hazard.

Trip and Fall Incidents

Uneven walkways, broken pavement, loose carpeting, and changes in floor elevation cause trip and fall accidents that can result in serious injuries. Because these hazards often develop over time, owners usually have an opportunity to notice and correct them.

Parking lots and sidewalks require regular inspection and maintenance to prevent trip hazards from developing. Interior trip hazards include loose floor tiles, torn carpeting, electrical cords across walkways, and merchandise left in aisles.

Inadequate Security and Criminal Acts

Property owners may face liability when inadequate security measures contribute to assaults, robberies, or other criminal acts against visitors. This area of premises liability law requires proving that crime was foreseeable and that reasonable security measures might have prevented the incident.

Apartment complexes with broken entry gates, non-functioning security cameras, or inadequate lighting create environments where criminal activity becomes more likely. Business properties in high-crime areas may need security guards, better lighting, or access control measures to protect customers and employees.

How to Prove a Kennesaw Premises Liability Claim

Premises Liability Claims written on page with legal sign, juridical concept of property owner responsibility.

Successful premises liability claims require proving four key elements: duty, breach, causation, and damages.

Establishing Property Owner Duty

The first step involves proving that the property owner owed you a legal duty of care. This requires establishing your status as an invitee, licensee, or trespasser and demonstrating that the property owner’s duty extended to the area where your accident occurred.

Business relationships typically create invitee status, while social visits usually result in licensee status. Property owners must have control over the area where the accident occurred to face liability.

Demonstrating Breach of Duty

Proving breach requires showing that the property owner failed to meet their legal obligations. This might involve failing to inspect for hazards, ignoring known dangerous conditions, or providing inadequate warnings about risks.

The breach analysis focuses on what a reasonable property owner would have done under similar circumstances. Timing becomes important, as property owners must have had sufficient time to discover and address dangerous conditions.

Proving Causation and Damages

Causation requires demonstrating that the property owner’s breach directly caused your injuries. This involves showing both that the dangerous condition caused your accident and that the property owner’s negligence created or failed to remedy that condition.

If your case is successful, you may be compensated for medical costs, time missed from work, pain and suffering, and any property damaged in the accident. Severe injuries may also justify compensation for future medical care and lost earning capacity.

Kennesaw Premises Liability Attorney for Property Owner Defenses

Property owners and their insurance companies use various defenses to avoid liability in premises liability cases. Understanding these common arguments helps victims prepare stronger cases.

Open and Obvious Danger Defense

Property owners often argue that dangerous conditions were so open and obvious that visitors should have seen and avoided them. Georgia law recognizes this defense but doesn’t automatically bar recovery when hazards are visible.

The open and obvious nature of a hazard may reduce but not eliminate property owner liability. Lighting conditions, distractions, and the visitor’s reasonable need to encounter the hazard affect whether this defense succeeds.

Comparative Negligence in Georgia Premises Liability Cases

Georgia’s comparative negligence rule under O.C.G.A. § 51-12-33 allows recovery as long as the visitor is less than 50% at fault for their injuries. Property owners often try to shift blame to injured visitors to reduce their liability.

Common comparative negligence arguments include claims that visitors were distracted by phones, wore inappropriate footwear, or failed to pay attention to their surroundings. The visitor’s actions must be unreasonable under the circumstances to constitute negligence that would reduce recovery.

Lack of Notice: What Property Owners Knew or Should Have Known

Property owners argue they cannot be liable for dangers they didn’t know about and couldn’t reasonably have discovered. This defense requires examining inspection procedures, employee training, and the time between when hazards developed and accidents occurred.

Owners may still be liable if a hazard existed long enough that a reasonable inspection would have revealed it. Recurring problems, previous incidents, or obvious maintenance needs may establish that property owners knew or should have known about dangerous conditions.

Types of Damages in Kennesaw Premises Liability Cases

Premises liability victims may recover various types of compensation depending on their injuries and circumstances. Understanding available damages helps victims recognize the full scope of their potential recovery.

Economic Damages: Medical Bills and Lost Wages

Medical expenses represent the most straightforward economic damages in premises liability cases. You may recover costs for:

  • Emergency room visits and diagnostic testing
  • Surgery and hospitalization expenses
  • Physical therapy and rehabilitation services
  • Ongoing medical care and future treatment needs
  • Prescription medications and medical equipment

Lost wages during recovery periods are calculated based on your actual income and time missed from work. Documentation from employers and medical professionals helps establish the connection between your injuries and lost earning capacity.

Future economic losses become important in cases involving permanent disabilities or long-term medical care needs. Property damage may include damaged clothing, eyeglasses, electronic devices, or other personal items destroyed in the accident.

Non-Economic Damages: Pain, Suffering, and Quality of Life

Pain and suffering damages compensate for physical pain, emotional distress, and reduced quality of life caused by premises liability injuries. These damages recognize that injuries affect victims in ways that extend beyond financial losses.

Loss of enjoyment of life addresses how injuries prevent victims from participating in activities they previously enjoyed. Disfigurement and scarring damages apply when accidents cause permanent visible injuries that affect appearance and self-esteem.

Mental anguish and emotional trauma may require ongoing counseling and therapy. Serious accidents, especially those involving violence or life-threatening injuries, can leave lasting psychological trauma.

FAQ for Kennesaw Premises Liability Attorney

Can I sue if I’m injured on someone’s property in Kennesaw?

Yes, you may sue property owners if their negligence caused your injuries. However, success depends on proving the owner owed you a duty of care, breached that duty, and that their negligence directly caused your injuries. Your legal status as an invitee, licensee, or trespasser affects the level of duty owed and your chances of recovery.

What must I prove to win a premises liability case?

You must prove four elements: the property owner owed you a duty of care, they breached that duty by failing to maintain safe conditions or warn of dangers, their breach caused your accident, and you suffered damages. Each element requires specific evidence and legal analysis to establish successfully.

How long do I have to file a premises liability lawsuit in Georgia?

Georgia’s statute of limitations generally gives you two years from the date of injury to file a premises liability lawsuit under O.C.G.A. § 9-3-33. However, claims against government entities may have shorter notice requirements. Missing these deadlines typically results in losing your right to pursue compensation.

What if I was partially at fault for my accident?

Georgia follows a modified comparative negligence rule allowing recovery as long as you’re less than 50% responsible for your injuries. Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault, you’ll receive 80% of your total damages.

What damages can I recover in a Kennesaw premises liability case?

You may recover medical expenses, lost wages, pain and suffering, property damage, and future medical care needs. Severe injuries may also justify compensation for lost earning capacity, permanent disability, and loss of quality of life. The specific damages depend on your injury severity and long-term impact.

Do I need a lawyer for a premises liability case?

While not legally required, premises liability cases involve complex legal issues and property owners typically have experienced legal teams defending them. A Kennesaw premises liability attorney can investigate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary to maximize your recovery.

Why Acting Quickly Matters in a Premises Liability Case

When property owners cut corners on maintenance to save money, they create unsafe conditions that put visitors at risk of serious and preventable injuries.

This kind of negligence goes beyond simple carelessness. It represents a failure to meet the legal duty to keep their property reasonably safe. Georgia’s premises liability laws exist to hold property owners accountable when they ignore safety and someone gets hurt as a result.

An injury on dangerous property is not just an accident. It reflects a breach of the duty owed to the public. Pursuing a claim allows you to seek the compensation you need for medical expenses, lost income, and other damages. Just as important, it can compel owners to fix hazardous conditions and help prevent others from being hurt.

Acting quickly after an injury is essential to preserve evidence and protect your rights. To discuss your case and take the first step toward recovery, contact Williams Elleby Howard & Easter at (404) 800-1925.

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How Do Car Accident Settlements Work?

Three Asian men meet with an insurance adjuster to discuss car insurance policies, reviewing premiums, deductibles, coverage, and a recent claim settlement.

The collision itself is a violent, chaotic blur. But the true fallout from a serious car accident unfolds in the days and weeks that follow. It’s a quiet crisis that takes place not at the crash scene, but at the kitchen table, where medical bills begin to pile up. It happens during sleepless nights, spent worrying about missed paychecks and an uncertain future. It echoes in the strained conversations with insurance adjusters whose questions can feel more like accusations.

For anyone experiencing this disorienting new reality, one word you’ll likely hear from a car accident lawyer is “settlement.” But what does that even mean? How does it work? Who decides what’s fair?

The legal world can feel intimidating and cold, especially when you’re at your most vulnerable. Below, we’ll explain how the settlement process can help you understand the journey ahead, step by step.

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What Exactly Is a Car Accident Settlement?

In the simplest terms, a car accident settlement is a formal, legally binding agreement that resolves your injury claim without going to trial.

When another driver’s negligence causes an accident that injures you, you have a legal right to seek compensation for your losses. This compensation is called “damages.” The settlement process is the negotiation that happens between you (or your representative) and the at-fault driver’s insurance company to determine the monetary value of those damages.

Once you and the insurance company agree on a specific dollar amount, you receive that payment. In exchange, you sign a document called a release, which legally prevents you from seeking any further compensation from the at-fault party for this specific accident.

It’s a common misconception that every personal injury case ends up in a dramatic courtroom battle. The reality is that the vast majority—well over 95%—of car accident cases are resolved through a settlement. This is generally preferred by both sides, as it avoids the time, expense, and uncertainty of a trial.

The Key Players in Your Settlement Journey

llustration showing the key parties involved in a settlement process, including lawyers, insurance adjusters, and claimants.

Understanding the settlement process is easier when you know who’s involved. You’ll likely interact with several key people, each with a very different role.

  • You (The Claimant): You are the heart of the case. You are the one who has been injured, who is experiencing the pain, and whose life has been disrupted.
  • The At-Fault Party (The Defendant): This is the person whose negligence caused the accident and your injuries. While they are legally responsible, you will likely have very little direct contact with them after the initial incident.
  • The Insurance Adjuster: This is the person you will hear from the most. The adjuster works for the at-fault driver’s insurance company. It is absolutely essential to understand their role. Their job is not to help you. Their primary responsibility is to protect their company’s bottom line by paying out as little as possible on your claim. They are trained negotiators skilled at minimizing the value of your injuries.
  • Your Attorney (Your Advocate): If you choose to hire one, your personal injury attorney is the only person in this process whose sole focus is protecting your best interests. They act as your guide, your shield, and your champion. They handle all communication with the insurance company, gather the evidence, build your case, and negotiate on your behalf to maximize your compensation.

The Car Accident Settlement Process: A Step-by-Step Guide

While every case is unique, the settlement process generally follows a predictable path. Knowing these steps can help reduce your anxiety and give you a sense of control during a time when so much feels out of your control.

Step 1: The Investigation and Evidence Gathering Phase

This is the quiet but critical period after the accident when your legal team, if you have one, works diligently behind the scenes. The goal is to collect every piece of evidence needed to prove two things:

  1. That the other party was at fault.
  2. The full extent of the damages you have suffered.

This involves:

  • Obtaining the official police report.
  • Gathering all your medical records and bills, from the initial ER visit to ongoing physical therapy, specialist appointments, and prescription costs.
  • Interviewing witnesses and getting recorded statements.
  • Collecting photos and videos from the accident scene.
  • Hiring experts if necessary, such as an accident reconstructionist to prove how the crash happened or a medical expert to explain the long-term prognosis of your injuries.
  • Documenting your lost income by getting verification from your employer.

This phase is all about building an ironclad case based on facts and documentation. It cannot be rushed. A thorough investigation is the bedrock of a strong negotiation position.

Step 2: Calculating the Full Value of Your Damages

Once the investigation is complete and, crucially, you have reached what doctors call “Maximum Medical Improvement” (MMI), the next step is to calculate the total value of your claim. MMI means your medical condition has stabilized, and your doctor has a clear understanding of your long-term prognosis. This is important because you only get one settlement; you can’t go back and ask for more money later if your injuries turn out to be worse than you thought.

Your damages are typically broken down into two main categories:

A. Economic Damages (or “Special” Damages)

These are the tangible, calculable financial losses you’ve incurred because of the accident. They have a specific dollar amount attached to them. This includes:

  • All Past and Future Medical Expenses: This covers everything from ambulance rides and hospital stays to surgeries, physical therapy, medication, and any future care you may need.
  • Past and Future Lost Wages or Income: If you missed work, you can be compensated for the income you lost. More importantly, if your injuries prevent you from returning to your old job or diminish your ability to earn a living in the future, you can seek compensation for this “loss of earning capacity.”
  • Property Damage: The cost to repair or replace your vehicle.
  • Out-of-Pocket Expenses: This includes anything you had to pay for because of the accident, like transportation to doctor’s appointments, childcare, or home modifications.

B. Non-Economic Damages (or “General” Damages)

This is the category that compensates you for the profound, non-financial ways the accident has impacted your life. These losses are harder to put a number on, but they are just as real and just as important. This is where the support of an experienced attorney is invaluable. Non-economic damages include:

  • Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress you have endured and will continue to endure.
  • Mental Anguish: This covers things like anxiety, depression, fear, insomnia, or PTSD resulting from the trauma of the crash.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships that once brought you joy, you deserve to be compensated for that loss.
  • Permanent Disfigurement or Impairment: Compensation for scarring, loss of a limb, or any permanent physical limitation.
  • Loss of Consortium: In some cases, an uninjured spouse can claim damages for the loss of companionship, support, and intimacy resulting from their partner’s injuries.

Calculating non-economic damages is complex. Insurance adjusters will try to downplay them, but a skilled attorney knows how to build a compelling narrative that demonstrates the true human cost of the accident.

Step 3: Crafting and Sending the Demand Letter

With all the evidence gathered and damages calculated, the next step is to formally initiate the settlement negotiation. This is done by sending a comprehensive “demand letter” to the at-fault party’s insurance company.

This is not just a simple letter. It is a detailed legal document that powerfully tells your story. It will:

  • Clearly state the facts of the accident, establishing why their insured driver was at fault.
  • Provide a detailed summary of your injuries, treatment, and prognosis.
  • Include an itemized list of all your economic damages, supported by bills and receipts.
  • Articulate a strong argument for your non-economic damages, explaining how the accident has impacted your daily life.
  • Conclude with a specific monetary amount—the total sum you are demanding to settle the claim.

The demand letter is the opening shot in the negotiation. A well-crafted, thorough, and persuasive demand letter sets a serious tone and shows the insurance company you are prepared to fight for what you deserve.

Step 4: The Negotiation Phase

After receiving the demand letter, the insurance adjuster will review it and respond. They will almost never accept your initial demand. Their first offer will almost certainly be a “lowball” offer—a number far below what your case is actually worth.

This is where the real negotiation begins. It’s a strategic back-and-forth process. Your attorney will reject the lowball offer and provide a counter-demand, justifying it with the evidence. The adjuster will come back with a slightly higher number. This can go on for several rounds.

During this time, patience is a virtue. Insurance adjusters often use delay tactics, hoping you’ll get frustrated and accept a lower amount just to be done with it. Having a professional advocate who understands these tactics and won’t be intimidated by them is crucial. They will handle the stressful phone calls and emails, keeping you informed while fighting for a number that is truly fair.

Step 5: Reaching an Agreement or Filing a Lawsuit

The goal of negotiation is to get the insurance company to offer a fair settlement amount that you are willing to accept. If this happens, your case moves toward its conclusion.

However, sometimes the insurance company refuses to be reasonable. They may dispute liability or drastically undervalue your injuries. If you and your attorney reach a point where you believe you cannot get a fair offer through negotiation alone, the next step is to file a personal injury lawsuit.

Filing a lawsuit does not mean your case will automatically go to trial. In fact, filing often motivates the insurance company to negotiate more seriously. The case will enter a phase called “discovery,” where both sides formally exchange information. Many cases settle during this phase or through a process called mediation, which is a structured negotiation session led by a neutral third party.

Finalizing the Settlement: The Last Steps

Settlement agreement document placed on a wooden desk beside a judge’s gavel, symbolizing the final resolution of a legal case.

Once you and the insurance company have verbally agreed on a settlement amount, there are a few final but very important steps to complete.

  1. Signing the Release Agreement: The insurance company will send a legal document called a “Settlement and Release Agreement.” This document states the agreed-upon amount and confirms that, in exchange for this payment, you are releasing them and the at-fault party from all future liability related to the accident. It is absolutely vital that you review this document carefully with your attorney before signing. Once you sign it, your case is permanently closed.
  2. Handling Liens and Bills: The settlement check is typically sent to your attorney’s office. Before you receive your portion, your attorney will use the funds to pay any outstanding bills or liens against your settlement. A “lien” is a legal right to payment. For example, your health insurance company or a hospital that treated you may have a lien for the costs they covered. A good attorney will often negotiate with these lienholders to reduce the amount you have to pay back, putting more money in your pocket.
  3. Receiving Your Net Settlement: After all liens, medical bills, and legal fees are paid from the settlement funds, your attorney will issue you a check for the remaining balance. This is the net amount you receive, tax-free, to help you rebuild your life.

Trusted Legal Support for Personal Injury Settlements

We know this is a lot of information. The journey from an accident to a final settlement check can be long, complicated, and emotionally draining. It’s a path filled with legal details and procedural hurdles, all while you are trying to focus on what truly matters: healing.

You were hurt because of someone else’s carelessness, and you shouldn’t have to fight a massive insurance corporation by yourself. You deserve an advocate who will not only handle the legal fight but will also treat you with compassion and respect.

At Williams Elleby Howard & Easter, we see our clients as an extension of our own family. We are a team of Kennesaw-based personal injury attorneys who have dedicated our careers to helping people across Georgia stand up to insurance companies and get the justice they are owed. We listen to your story, we answer your questions, and we use our experience as exceptional trial lawyers to build the strongest possible case for you. We have recovered over $100 million for our clients because we are relentless in our pursuit of what is right.

Let us take the legal burden off your shoulders so you can focus on getting your life back. If you’ve been hurt, we’re here to help. Contact us today at (404) 389-1035 or through our online form  for a free, no-obligation case consultation. We’ll listen to what happened and explain how we can help. 

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Georgia Slip and Fall Laws

Worker falling on wet floor inside building

A serious fall can happen in an instant, turning a normal day into a blur of pain, embarrassment, and confusion. One moment you are walking through a store, an office building, or a parking lot, and the next you are on the ground, injured by a hazard that never should have been there. While your first priority is getting the medical care you need, you will soon find that the Georgia slip and fall laws can be surprisingly complex. slip and fall accident lawyer in Kennesaw, Georgia can help you navigate these legal challenges and protect your rights.

Let’s review the relevant premises liability laws that may apply to your situation. Understanding your rights and the challenges you may face when bringing a personal injury claim is the first step toward securing the justice and compensation you deserve.

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What Makes a Slip and Fall More Than Just an Accident?

Two yellow caution signs are placed on the steps of an escalator. The signs warn people to be careful while using the escalator

It is a common misconception that if you fall on someone else’s property, they are automatically responsible for your injuries. Determining who was at fault is more complicated than you may expect. The law recognizes that sometimes, accidents just happen. A legal claim only arises when a property owner’s negligence caused your fall.

This area of law is called premises liability. The core idea behind premises liability is that property owners have a legal responsibility—a “duty of care”—to maintain their property in a reasonably safe condition to prevent foreseeable harm to visitors. When they fail in this duty, and that failure directly causes an injury, they can be held financially responsible for the resulting damages. Proving this failure is the key to a successful slip and fall case.

The Heart of Slip and Fall Legal Actions: The Property Owner’s Duty of Care

In Georgia, the specific level of care a property owner must provide depends on why you are on their property. The law defines three categories of visitors, and the owner’s legal duty changes for each one.

The Invitee: The Highest Level of Protection

An “invitee” is someone who has been invited onto a property for the owner’s commercial benefit. This is the category most slip and fall victims fall into. For example, if you are a customer in a grocery store, a diner in a restaurant, a guest in a hotel, or a client in an office building, you are considered an invitee.

Property owners owe the highest duty of care to invitees. They must not only warn you of known dangers but also exercise ordinary care to actively inspect their property to discover and correct any potential hazards. This means they cannot simply claim they didn’t know about a spill; they have a responsibility to look for dangers and make them safe.

The Licensee: A Social Guest

A “licensee” is a person who is on the property for their own convenience or pleasure, with the owner’s permission but without any business purpose. The most common example is a social guest, like a friend you invite over to your home for dinner.

The duty of care owed to a licensee is lower. A property owner is not required to inspect for unknown dangers. Their only duty is to warn a licensee of any known, man-made hazards that the guest is unlikely to discover on their own. For example, if you know a step on your back porch is broken, you have a duty to tell your friend about it.

The Trespasser: A Limited Duty

A “trespasser” is someone who enters a property without any permission. Generally, property owners owe no duty of care to a trespasser. Their only obligation is to refrain from willfully or wantonly injuring them. There are some exceptions, particularly for children, under what is known as the “attractive nuisance” doctrine.

Proving Your Case: The Challenge of Whether the Property Owner or Manager Had Knowledge

The biggest hurdle in almost every Georgia slip and fall case is proving that the property owner or manager had “knowledge” of the dangerous condition that caused your fall. Simply showing that a hazard existed is not enough. Under Georgia law, you must prove that the manager or owner had either “actual” or “constructive” knowledge of the hazard.

What is Actual Knowledge?

This is the most straightforward type of knowledge. “Actual knowledge” means the property owner or one of their employees literally knew about the specific hazard and failed to take reasonable steps to fix it or warn visitors. For example, if a grocery store employee sees a customer drop a jar of salsa on the floor and then walks away without cleaning it up or placing a warning sign, the store has actual knowledge of the dangerous condition.

What is Constructive Knowledge?

In most cases, proving actual knowledge is difficult. This is where “constructive knowledge” comes in. Constructive knowledge means the hazardous condition existed for a long enough period of time that the property owner should have known about it if they had been conducting reasonable inspections of their property.

To prove this, you must present evidence about timing. How long was the puddle of water on the floor? When was the last time an employee walked down that aisle? Security camera footage can be invaluable in these cases because it can show exactly when a hazard appeared and how long it was left unaddressed before the fall. Without proof of a sufficient amount of time passing, an owner may successfully argue they had no reasonable opportunity to discover the danger, and the case might be dismissed.

The “Open and Obvious” Defense: A Common Legal Hurdle for Fall Victims

Even if you can prove the owner had knowledge of the hazard, the fight is not over. The most common defense tactic used by insurance companies is to argue that the danger was “open and obvious.” They will claim that the hazard, whether it’s a puddle of water, a broken piece of pavement, or a box in the store aisle, was so clearly visible that you should have seen it and easily avoided it.

Under Georgia law, visitors also have a duty to exercise ordinary care for their own safety. If a hazard is truly open and obvious, an owner may not be held liable because it is expected that a reasonably prudent person would have recognized and avoided it.

However, this is not an absolute defense. A skilled slip and fall attorney may be able to counter this argument by using the “distraction doctrine.”

For example, in a retail store, owners use bright displays, colorful signs, and eye-level product arrangements specifically to draw your attention away from the floor. It is reasonable and foreseeable that a customer’s attention will focus on the shelves, not scanning the floor for hazards. Proving that you were reasonably distracted can overcome the “open and obvious” defense.

Georgia’s Comparative Negligence Rule: What If You Are Partially at Fault?

Insurance companies will also try to argue that even if the property owner or manager was negligent, you were too. They might say you were looking at your phone, walking too fast, or not paying attention. This strategy takes advantage of Georgia’s modified comparative negligence law (O.C.G.A. § 51-12-33).

This rule states that you can still recover damages as long as you are found to be less than 50% responsible for the accident. However, your total financial recovery will be reduced by your percentage of fault. Also, if you are found to be 50% or more at fault, you are barred from recovering any compensation at all.

This reduction of damages and the 50% bar is why insurance companies fight so hard to shift even a small amount of blame onto you.

What Kind of Compensation Can Be Recovered?

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

If you can successfully prove your case, you may be entitled to recover compensation for a wide range of losses, which the law refers to as “damages.” These are generally broken down into two categories.

Economic Damages

These are your specific, calculable financial losses, including:

Non-Economic Damages

These compensate you for the intangible, personal losses you have suffered, including:

  • Physical pain and suffering
  • Emotional distress and mental anguish, including PTSD, anxiety, etc.
  • Permanent scarring or disfigurement
  • Loss of enjoyment of your life

Finding the Right Help for Your Georgia Slip and Fall Case

As you can see, Georgia’s slip and fall laws are filled with complex rules and potential pitfalls. Proving the property owner’s knowledge, overcoming the “open and obvious” defense, and fighting back against unfair blame-shifting are significant challenges. It is nearly impossible to navigate this process against a well-funded insurance company and its team of lawyers without a legal professional in your corner. You need an advocate on your side who understands this landscape and is dedicated to protecting your rights.

Trust the Slip and Fall Team at Williams Elleby Howard & Easter to Protect Your Future

The experienced premises liability attorneys at Williams Elleby Howard & Easter are committed to helping victims of negligent property owners and managers. We understand the pain and frustration you are feeling, and we are here to handle the legal burdens so you can focus on what matters most: your recovery. We will conduct a thorough investigation, build a powerful case based on the facts, and fight tirelessly to secure the justice and maximum compensation you deserve.

We handle all cases on a contingency fee basis, which means you will never pay us a fee unless we recover compensation for you. If you have been injured in a slip and fall accident, call us today at (404) 389-1035 or complete our online contact form for a free, confidential consultation to learn more about your rights and how we can help.

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Pedestrian Accidents in Georgia: Statistics, Legal Insights, and Safety Tips

Illuminated pedestrian crosswalk sign showing a walking person symbol.

Who’s At Fault in a Georgia Pedestrian Accident?
Understanding Fault and Proving Liability 

Between 2018 and 2022, Georgia was the ninth (9th) most deadly state for people walking. Georgia averaged 2.66 deaths per 100,000 people per year. Given this grim statistic, is it important to understand how Georgia law determines who is at fault after being struck by a vehicle while walking.

There are four main situations where a pedestrian can be injured by a motor vehicle:

      1)  while crossing a street inside a crosswalk;
      2)  while crossing a street outside of a crosswalk;
      3)  while walking on a sidewalk or along the edge of a roadway; and
     4)  while walking through a parking lot.

It is important to address each category separately as the law is different for each.

Map of the United States highlighting the top 20 most dangerous states for pedestrians, with southern, western, and some eastern states shaded in orange.

What is Georgia’s Law for Pedestrian Accidents Occurring Inside a Crosswalk?

A driver must stop for a person crossing in a crosswalk if the pedestrian is within the lane the driver is driving or immediately approaching that lane. Further, a pedestrian must not enter the crosswalk when an approaching vehicle is so close that the vehicle would be unable to stop in time. Pedestrian accidents that occur in a crosswalk are governed by O.C.G.A § 40-6-91, which states that the driver of a vehicle must stop and yield to any pedestrian who is walking on the half of the roadway on which the driver is driving or turning onto. Further, the driver must stop if the pedestrian is approaching the lane in which the driver is driving. Finally, the statute makes it illegal for a pedestrian to dart into a crosswalk in front of an approaching vehicle.

Diagram of a red car approaching a crosswalk where a yellow pedestrian figure is crossing, with the word STOP in bold letters in front of the car.

STOP for a pedestrian in a crosswalk when the pedestrian is anywhere on your side of the road.  Side of the road means all lanes of traffic going in one direction.

Diagram of a red car approaching a crosswalk where a yellow pedestrian figure is crossing, with the word STOP in bold letters in front of the car.

STOP for a pedestrian in a crosswalk when the pedestrian is approaching and in the lane next to your side of the road.

Diagram of two red cars turning left and right toward a crosswalk while yellow pedestrian figures are crossing, with the word STOP in front of each car.

Before turning right or left on a green light, STOP for pedestrians.  They have the right of way.

O.C.G.A § 40-6-91 attempts to place responsibility on both the driver and the pedestrian to act responsibly when approaching an intersection. In short, the law says that a driver should stop for any pedestrian already in the roadway or approaching the driver’s lane of travel, while a pedestrian should not run out in front of an approaching vehicle.

O.C.G.A § 40-6-22 clarifies when pedestrians can enter a crosswalk at intersections with special pedestrian-control signals. We have all seen the signals at crosswalks that say “WALK’ and “DON’T WALK”, but there has been some confusion over what the flashing “DON’T WALK” means. Obviously, “WALK” means that pedestrians can enter the crosswalk. O.C.G.A § 40-6-22 requires that no pedestrian enter a cross walk when a signal exhibits either a solid or flashing “DON’T WALK.” The flashing “DON’T WALK” means that any pedestrian already in the crosswalk should continue to cross to the sidewalk or safety island, but no other pedestrian should enter the crosswalk until the next “WALK” signal.

Crosswalk sign showing pedestrian signals with explanations for 'Start Crossing,' 'Flashing Start,' and 'Don’t Cross' indicators.

What is Georgia’s Law for Pedestrian Accidents Occurring Outside of a Crosswalk?

The analysis of a crash occurring outside a crosswalk is governed by O.C.G.A § 40-6-92. This section is a little more complicated than the previous code section. First, § 40-6-92 (a) requires that when a pedestrian is crossing a road somewhere other than at a crosswalk, he must yield the right of way to all vehicles upon the roadway unless he has already entered the roadway. This is similar to the crosswalk code section in that a pedestrian cannot dart into traffic in front of a vehicle that has no time to avoid striking the pedestrian. § 40-6-92 (b) states that if a pedestrian tunnel or overhead bridge is present, and the pedestrian chooses to not use it when crossing the road, then he must yield the right of way to all vehicles present on the roadway and only cross once the road is clear. Finally, § 40-6-92 (c) requires that anytime a person intends to cross a road between two traffic-control signals (red lights), that person must utilize one of the crosswalks provided at the red light. The diagram below illustrates the three different scenarios that can arise when crossing outside of a crosswalk.

Diagram showing when pedestrians may legally cross at a signalized intersection versus when crossing is illegal.

There is a common misconception that it is considered “jaywalking” whenever a pedestrian crosses a road outside of a crosswalk. However, as O.C.G.A § 40-6-92 and diagram above point out, this is not the case. If a pedestrian crosses between two red lights without using a crosswalk, he is violating the law. Yet, if he crosses a road anywhere else, then he is not violating the law. Nevertheless, all pedestrians must still use caution to not enter the roadway in an unsafe manner or dart out in front of oncoming traffic. Once a pedestrian has entered the roadway and established himself within the lane of travel all oncoming vehicles on his side of the road must yield to the pedestrian.

What is Georgia’s Law for Pedestrian Accidents Occurring While Walking on a Sidewalk or Along the Side of a road?

If a pedestrian is struck by a vehicle while walking on a sidewalk (not crossing a road), then the driver of the vehicle is almost certainly at fault. A driver who leaves the roadway and strikes a pedestrian would likely be found in violation of O.C.G.A. §40-6-48, which requires all vehicles to be driven within a single lane. This violation is commonly known as Failure to Maintain Lane. The driver would also likely be a violation of a litany of other statutes related to keeping proper control of the vehicle.

However, there are more rules involved for pedestrians walking along the side of a roadway and not using a sidewalk. First, O.C.G.A. §40-6-96 requires all pedestrian to use a sidewalk if one is present. When there is not a sidewalk present, but there is a shoulder available, then Georgia law requires all pedestrians to walk along the shoulder of the road as close to the outside edge as possible. Finally, when there is no shoulder or sidewalk available, pedestrians must walk as close as possible to the outside edge of the roadway and, on any two-lane roads, they must always walk on the left-hand side towards the flow of traffic. The statute also requires that all pedestrians walking along the roadway yield the right of way to all vehicles driving on the roadway.

What is Georgia’s Law for Pedestrian Accidents Occurring in a Parking Lot?

There are no specific laws in Georgia that apply to a pedestrian crash that occurs in a parking lot. Parking lots are private property; therefore, Georgia’s traffic laws do not apply. As a result, Georgia’s ordinary negligence laws apply in determining fault in these types of cases. Generally speaking, drivers should expect that people will be walking in a parking lot; thus, all drivers should exercise caution and lookout for pedestrians while navigating a parking lot. If a driver fails to keep a proper lookout and strikes a pedestrian, then he is likely at fault for the crash. However, should a pedestrian dart into the path of a vehicle, that pedestrian would likely be found to be at fault.

Who’s At Fault When a Pedestrian Is Hit By a Car?

In most cases, the person who violates a statute is at fault for a crash. We have discussed the law for each common type of pedestrian crash. In each case, Georgia law provides rules for both pedestrians and drivers. The person who violates a Georgia statute is usually found to be at fault under the doctrine of negligence per se. This means that when a person violates a statute, they are automatically considered to have breached their duty of care and are therefore negligent as a matter of law. However, Georgia’s ordinary negligence law also applies, which attempts to weigh how a reasonable person would act under similar circumstances to determine who acted unreasonably and was, thus, at fault for the crash.

When a pedestrian crash occurs, it is vital to preserve as much evidence from the crash scene as possible. This evidence could include statements from witnesses; photographs of damage to the vehicles or surrounding property; photographs of skid marks on the road; or video of the crash from nearby surveillance cameras. This information is necessary to determine which statutory framework applies to the crash and to help paint a picture of how the crash occurred for attorneys, insurance companies, and future jurors. Many times, the parties involved will have varying accounts as to whether the pedestrian darted into traffic or exactly what lane the pedestrian was in when the impact occurred. Evidence from the scene is the only way to provide a definitive answer as to what occurred. Without this information, the case becomes a word versus word situation that makes it virtually impossible for anyone to determine liability.

A Real-World Example of a Pedestrian Accident Claim

I was contacted by the wife of a man who was struck by a vehicle while crossing a crosswalk at the exit of a gas station. There was a question as to whether the man had stepped into the crosswalk in front of the moving vehicle or whether the man was established in the crosswalk and the vehicle failed to stop. I immediately went to the scene to see what evidence could be preserved. Upon arrival there were no skid marks present due to the low-speed nature of the crash, and I had been told there were no witnesses. However, as I walked the area, I noticed that the gas station’s surveillance camera was pointed directly at the intersection. I went inside and the clerk was nice enough to let me view the footage.

Obviously, video footage of the crash is the best type of evidence in this situation. The footage showed the car stopped at the crosswalk as the man approached, appearing to yield to the on-coming pedestrian. Then, after the man was halfway thought the crosswalk, the car accelerated forward striking him and knocking him to the ground. It was clear that the driver had stopped at the intersection, became distracted by something else, and never looked forward before accelerating. Without the video footage it would have been impossible to determine the truth as to what happened because the driver claimed the man stepped into the intersection unexpectedly and she had no time to stop and, due to the nature of his injuries, my client never had the chance to tell his side of the story. The footage proved to be the answer as to who was at fault.

For those injured in a pedestrian accident, Georgia law provides a means to seek compensation, but a thorough investigation and strong evidence are essential to proving the case. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter serves clients throughout the State of Georgia. If you or a loved one has suffered an injury in a pedestrian crash, the attorneys at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 404-389-1035 today.

What is Medical Malpractice?

Words in magnifying glass -Malpractice Professional negligence

Why Are Medical Malpractice Cases So Difficult?

 Finding a reputable medical malpractice lawyer in Georgia can be a challenging process due to the complexity of both the medical and legal aspects of medical negligence cases. In this blog post, we will explore why it can be so difficult to find the right lawyer, while also covering the different types of medical malpractice and how to navigate the legal process in Georgia.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or surgeon, fails to meet the standard of care, causing harm or injury to a patient. A standard of care refers to the level of care that a reasonably competent healthcare professional is expected to provide in a similar situation. When a medical provider deviates from this standard and causes harm, this is considered malpractice, or medical negligence.

Common types of medical malpractice include:

Misdiagnosis or Delayed Diagnosis

 Misdiagnosis is one of the most frequent and devastating forms of medical malpractice. It occurs when a doctor fails to diagnose a condition correctly or completely overlooks a diagnosis, leading to delayed or improper treatment. In some cases, this can result in a patient’s condition worsening or even becoming fatal.

Surgical Errors

 Surgical errors can be catastrophic and include mistakes such as performing the wrong procedure, damaging surrounding organs or tissue, or leaving surgical instruments inside a patient’s body. Such errors are often avoidable and may violate of the standard of care.

Medication Errors

 Medication errors occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to account for a patient’s allergies or medical history. These mistakes can lead to severe health complications, including permanent injury or death. This this type of error is very common in hospital and nursing home settings where medication reconciliation is not done properly.  It may also be the result of malpractice by a pharmacist.

Birth Injuries

 Birth injuries involve harm done to the mother or child during prenatal care or labor and delivery. Common causes of birth injuries include improper handling of the baby, failure to monitor the baby’s health, or delayed intervention during a difficult delivery. Birth injuries can lead to long-term medical conditions or even death.

These are just a few examples of the broad range of situations that can give rise to medical malpractice claims. However, to successfully pursue a claim, patients must navigate the complex legal and medical landscape that governs malpractice law.

Why is Finding a Medical Malpractice Lawyer So Challenging?

While the idea of pursuing a medical malpractice lawsuit might seem straightforward—after all, if you’ve been harmed by negligence, you deserve compensation—medical malpractice cases are some of the most complex and difficult types of personal injury cases. Here are some key reasons why:

Medical Expertise

One of the primary reasons why medical malpractice cases are so difficult is that they require extensive medical knowledge. Lawyers who handle these cases must not only be skilled in legal strategy but also understand the medical procedures and concepts involved. Some personal injury lawyers may not have the expertise needed to handle complex medical malpractice cases effectively.

Expense

The financial cost associated with medical malpractice cases is another reason why these cases are so challenging. Expert witnesses, depositions, investigations, and the collection of medical records all contribute to the cost of a malpractice case. Hiring qualified medical experts to testify can be extremely expensive—some experts charge as much as $2,000 per hour to review medical records.

Additionally, the cost of gathering evidence, consulting specialists, and possibly hiring additional investigators can create significant upfront expenses for a malpractice lawsuit. Many law firms take these cases on a contingency basis, meaning they only get paid if the plaintiff wins the case. However, even contingency-fee law firms often require substantial financial investment at the beginning of the case to cover expert fees and other expenses.

Strict Legal Requirements

Georgia, like most states, has strict laws and requirements when it comes to medical malpractice claims. One of the most critical requirements is the statute of limitations. In Georgia, medical malpractice claims must be filed within two years of the alleged incident. This timeline can be complicated.  For example, in misdiagnosis cases, “[t]he misdiagnosis itself is the injury and not the subsequent discovery of the proper diagnosis.” Kaminer v. Canas, 653 S.E.2d 691 (Ga. 2007).  This could result in a state of limitations expiring or being almost expired before a patient even knows there was a misdiagnosis. 

In order to pursue a medical malpractice claim in Georgia, the plaintiff must provide an affidavit from a qualified medical expert. Ga. Code 9-11-9.1. This expert must testify under oath that the healthcare provider’s actions deviated from the standard of care, which often requires a highly specialized understanding of the medical field in question. This expert testimony is crucial in proving that the provider’s actions directly resulted in the patient’s injury or harm. If this affidavit is not submitted or is found to be insufficient, the case can be dismissed outright.

Georgia Rule of Evidence 702 has very specific requirements for experts in malpractice cases. For example, in a case involving surgical errors, the lawyer must work with an expert surgeon who has significant experience in the type of surgery involved to establish that the procedure was improperly performed. This requires careful selection of experts, making the process not only legally difficult but also scientifically complicated. 

Strict procedural rules, such as adhering to tight deadlines, submitting the right documents, and ensuring that expert testimony is presented correctly, can further complicate the process for someone unfamiliar with legal technicalities.

Complex and Time Consuming Legal Process

Medical malpractice cases are notoriously difficult to win, primarily due to the burden of proof required. The plaintiff (the patient) must demonstrate that the healthcare provider was negligent and that this negligence directly caused harm. This is not always a straightforward process and involves presenting substantial evidence.

Proving negligence in medical malpractice often requires expert testimony, medical records, depositions from witnesses, and potentially multiple rounds of litigation. The burden of proof is on the patient, but unlike a car wreck case or slip and fall case, that burden can only be met by presenting expert testimony that satisfies the judge.  Ga. Code. 24-7-702 (“Rule 702’). 

The legal process can be lengthy and drawn out. Lawsuits may drag on for months or even years, with multiple motions, pre-trial hearings, and discovery phases. This protracted timeline can be exhausting for patients and families seeking justice, adding a layer of frustration to an already challenging experience.

Limited Availability of Lawyers Specializing in Medical Malpractice

Due to the technical nature of medical malpractice law and the high stakes involved, many lawyers hesitate to take on such cases. A typical medical malpractice claim is lengthy, resource-intensive, and expensive, as it often involves hiring expert witnesses, conducting thorough investigations, and preparing for potentially long court battles.

For this reason, there are fewer lawyers who specialize in medical malpractice, particularly those who are willing and able to take on complex cases. Finding a lawyer who is both qualified and willing to invest the time, resources, and expertise necessary for a successful outcome can be a major challenge.

Moreover, lawyers who handle medical malpractice cases must have a deep understanding of medical terminology and procedures. They also need to be familiar with Georgia’s unique laws surrounding malpractice claims. This specialized knowledge means that not all personal injury lawyers can handle medical malpractice cases—adding to the difficulty of finding the right legal representation.

How to Navigate the Legal Process.

Given the complexity of medical malpractice cases, it’s crucial to approach the legal process carefully and strategically. Here are some steps to consider when navigating this difficult terrain:

Consult with a specialized attorney

 It’s essential to consult with a lawyer who has experience specifically in medical malpractice. Such a lawyer will have the knowledge of medical terminology, procedures, and Georgia’s malpractice laws needed to build a strong case. They will also be able to guide you through the intricate legal process.

Gather all relevant medical records

 In a medical malpractice case, documentation is critical. The more organized and thorough your medical records are, the better. Ensure that you have all records related to your treatment, including hospital records, test results, prescriptions, and communication with healthcare providers. These documents will form the foundation of your case.

Consult medical experts

 Medical experts are vital to any malpractice case. A reputable malpractice lawyer will have access to a network of experts who can provide testimony on whether the standard of care was breached. This testimony can make or break your case, so choosing the right experts is crucial.

Be prepared for a lengthy process

 Medical malpractice cases can take years to resolve, so it’s important to be patient and persistent. You may face multiple legal challenges along the way, and your lawyer will need to prepare for long, complex proceedings. Patience and determination are key to navigating the process successfully.

Conclusion

The process of finding a reputable medical malpractice lawyer in Georgia can be daunting, but with the right approach, it is possible to find an attorney who can help you navigate the complex medical and legal terrain. Medical malpractice cases are difficult not only because of the technical legal requirements but also because of the medical expertise needed and the significant financial resources involved.

What are Georgia’s Car Seat Laws?

Child sitting in front facing car seat with a thumbs up.

What Are Georgia’s Car Seat Laws?

Georgia has specific laws that require certain car safety seats for children. Children’s lives are precious, priceless and irreplaceable, so of course you want to protect them in every way you can. One of the ways that you can ensure your child’s safety is by utilizing the proper car seat every time you put them in a vehicle. However, it can be tricky to know what car seat your child needs. Today we will discuss what Georgia law tells us about your child’s car seat needs. Georgia has a statute, O.C.G.A. 40-8-76, which lays out child safety seat requirements. Georgia’s Car Seat Safety Statute is a primary law rather than a secondary law, meaning that you can be pulled over and cited for a violation, even if you have not committed another traffic violation.

Where Should My Child Be Seated in The Car?

First and foremost, children under the age of 8 should always be in the back seat as required by Georgia law. It is recommended that children under the age of 13 ride in the back seat. All children under the age of 8 must be seated in the back seat in a proper safety seat based on their age, height and weight. Motor vehicle crashes are the number 1 cause of death of children in the US age 14 and under. Children seated in the front have a 40% to 70% higher risk of injury or death than children seated in the back. The linked study indicates that the center rear seat is the safest, with a risk reduction of 9%-24%. The reason that the center rear seat is the safest is because it is the position in the vehicle where the passenger is least likely to suffer an airbag injury or fatality. Children in the front seat are more likely to suffer injury or death caused by airbag deployment.

Which Car Seat is Right for My Child According to the Law?

Every child is different and Georgia laws account for that. Let’s look at age, weight and height requirements for child safety seats.

Georgia Law on Car Seats for Newborns and Infants:

You want to make sure your infant is protected in a rear-facing car seat until they are over the age of one year AND over 20 pounds. If your one-year-old is not yet 20 pounds, keep them in a rear-facing seat at least until they reach that milestone. It is recommended to keep your child rear-facing as long as possible. Even if your child is over 20 pounds, you may keep them in a rear-facing seat as long as that seat is rated for their weight and height per the manufacturer’s instructions.

Rear facing seats have harness-type straps that go over the head and should fit snuggly across the shoulders and chest. Some of these rear facing seats are designed to be rear facing only, while others are convertible models that can be adjusted to suit your child’s needs as they grow. Rear facing only seats usually come with a base that stays in the car, and the seat itself clicks onto the base. This makes it easier to transport your child to and from the car and also helps to ensure that the seat stays properly installed in your vehicle.

Georgia Law on Car Seats for Toddlers (One to Three Years):

Once your infant has reached one year AND 20 pounds, you can then transition them to a forward-facing car seat with a harness if you choose to do so. Just like the rear-facing seats, these front facing seats have harness-type straps that go over the head and should fit snuggly across the shoulders and chest. Your child should remain in a forward-facing seat with a harness until they are at least four years old AND over 40 pounds. Again, safety is our number one priority, so even if your child is over the age of four and over 40 pounds, you may choose to keep them restrained by a harness in a rear or front facing seat so long as the seat is rated for their weight and height per the manufacturer’s instructions.

Georgia Car Seat Laws for Young Children (Four to Eight Years):

Finally, your child is ready to graduate into a big kid booster seat! This means they have reached age four and are over 40 pounds. Your child should remain in a booster seat until they have reached the height of 4’9”. Children using booster seats are 59% less likely to be injured in a crash than those using a seatbelt alone, per the Georgia Department of Highway Safety. In this age range, children should remain in the back seat.

Children under 4’9” cannot safely sit in a car’s seat with the seatbelt alone, because the seatbelt will not fit them properly. The purpose of the booster seat is to position the child and the seatbelt so that your child is properly secured. Some of these seats have high backs, while some of them are backless. High-back booster seats are for smaller children, while the backless seats are for taller children.

Eight to Eighteen Years:

Once your child has reached the height of 4’9”, they may graduate from the booster to a regular car seat with seatbelt. Once your child reaches the age of 8, he or she may ride in the front seat, with either a booster, or without once they meet the height requirement. It is important that the seatbelt fit the child properly. The lap belt should sit snugly across the upper thighs (not the stomach), and the shoulder belt should rest snugly across the chest (not the neck or face). Your child should be tall enough to sit in the seat with their back to the seat and their knees bent over the edge of the seat comfortably. Your child needs to be able to maintain this seat position throughout the entirety of your trip, otherwise, they need to remain in a safety seat.

How Can I Be Sure My Child’s Safety Seat is Properly Installed?

According to a 2002 study, 81 percent of children are incorrectly restrained when traveling in a vehicle. In Georgia, you can go to your local fire department or any of the other locations linked below to learn how to properly install a car seat.

Georgia Department of Highway Safety’s list of Child Safety Seat Fitting Locations.

A Child Passenger Safety Technician (CPST) can also help you properly install your child’s car seat.

Child Safety Seat Tips:

  • When the child is seated in a seat with a harness, the retainer clip at the top of the harness should sit at armpit level.
  • Harness straps should be flat and untwisted and should be adjusted snugly.
  • Lap belts should be fitted low and snugly across the hips.
  • Shoulder belts should not sit across the face or neck, and should never be behind the child’s arms or back.
  • Make sure your child’s safety seat is correctly rated for their height and weight per the manufacturer’s instructions. Always follow the manufacturer’s instructions for your child’s safety seat.
  • Do not use a secondhand safety seat or a seat that has been in a collision or has been recalled. The National Highway Traffic Safety Administration has a tool that allows you to search and see if your child’s seat has been recalled. It is also important to register your car seat! Complete the registration that comes with your child’s car seat to receive notifications if the seat is ever recalled.
  • Your child should not wear a large or puffy coat when in a safety seat, as this can prevent proper fitting of the harness, shoulder or lab belts. We’ve included a link to some tips to help keep your child warm and safe in the winter months while on the road.
  • Car seats should be used for travel only. Do not allow your child to remain strapped into a car seat outside of the vehicle. This practice has resulted in unfortunate infant deaths. Car seats are not a replacement for cribs or bassinets.
  • Do not use a seat that is too old, or has any visible damage, such as cracks or missing parts.
  • Be a role model! Always wear your seatbelt (It’s the law, after all!) and help your child build the healthy habit of always buckling their seat belt when on the road. Remember, click it or ticket!
  • Never leave your child unattended in or around a vehicle.

Your child’s safety is your highest priority as a parent. Ensuring that they are properly restrained every time you drive is the best way to keep your kids safe on the road. We have linked a recent Car Safety Seat Product Listing to help you choose the seat that is right for your child.  For more child passenger safety information, please visit the Georgia Governor’s Office of Highway Safety website.

Mediation Process in Personal Injury Cases

Personal Injury lawyers shaking hands after a successful negotiation.

Understanding Mediation in Personal Injury Cases: A Path to Settlement

When pursuing a personal injury claim, the process of settling your case can take many different routes. In some instances, claims are settled before a lawsuit is even filed or shortly after a lawsuit is filed. In some cases, a settlement may not occur until just before the trial is set to begin. One of the key tools in the settlement process is mediation – a method used by attorneys in personal injury cases to help parties reach a resolution before the case goes to trial.

What is a Mediation in a Personal Injury Case? What is a Mediator?

Mediation is a structured, formal process used to resolve disputes between parties. Using a mediator is part of the overall ADR (alternative dispute resolution) process, which includes arbitration and other dispute resolution services. It is essentially a settlement conference, typically overseen by a neutral third party known as a legal mediator. Mediators are often experienced professionals, such as retired judges or lawyers who have extensive experience in the legal field in which you are mediating. For example, in the personal injury space, you can expect to have a mediator that was an insurance defense lawyer and maybe even a plaintiff’s attorney so that the parties can rely on their experience when trying to resolve the dispute. Their role is not to make binding decisions but to facilitate a productive discussion between the parties involved, helping them weigh the strengths and weaknesses of their respective cases. The goal is to encourage settlement by making both sides more aware of their options, and also their risks.

While some cases may be mediated prior to filing a lawsuit, mediation typically occurs after the lawsuit has been filed, and the discovery process has been completed so both sides are armed with the knowledge to allow them to make a sound decision on whether to resolve the case at mediation. The discovery phase of a personal injury lawsuit is when both sides exchange information about the case, including exchange documents, pictures and videos, and also taking depositions of witnesses and experts, allowing each side to understand the other’s position.

What Happens During the Mediation Process?

At the start of mediation, both parties typically participate in a general conference. In this initial meeting, both the plaintiff and defendant (and their respective lawyers) usually present the key points of their case. The plaintiff will outline the strengths of their case, as well as the weaknesses of the defendant’s case. Likewise, the defense lawyer will do the same, allowing both sides to gain a clearer understanding of each other’s arguments. The actual injured party typically does not speak during this time, nor are they required to answer any questions.

After this conference, the parties separate into their individual rooms. The mediator will then move between the rooms, discussing each side’s position, exploring offers and counteroffers, and providing insights into the risks and benefits of continuing the case versus settling. The mediator’s goal is to bridge the gap between the parties, gradually moving both toward a compromise.

The Goal of Settlement: Finding the Middle Ground

The success of a mediation ultimately hinges on whether the least amount the plaintiff is willing to accept is less than or equal to the most amount the defendant is willing to pay. To visualize this, think of buying a car. The car salesman has a price, but they know the buyer won’t pay the full price. Likewise, the buyer knows they won’t pay the sticker price but will make a lower offer. The negotiation process involves moving toward a price where both the buyer and the seller are satisfied. Similarly, in mediation, if the defendant’s maximum offer meets or exceeds the plaintiff’s minimum acceptable settlement, a resolution is reached.

However, not all cases settle during mediation. If the parties can’t agree, the case will proceed toward trial. Despite this, mediation tends to have a high success rate, largely because experienced attorneys can assess the risks involved and recommend a reasonable settlement value.

Do You Have to Testify at Mediation?

A common question clients ask before attending mediation is whether they will have to testify or make a statement. In most cases, the answer is no. While the process may vary from case to case, it is not necessary for the client to testify, and it is certainly not required. The role of the client is to make the final decision about what they are willing to accept in terms of a settlement, based on the attorney and mediator’s advice and suggestions. Most of the talking during mediation is between the client and the lawyer while the mediator is out of the room. Sometimes, the mediator will ask questions, but this is done without the other side in the room, or their lawyers, and is usually only to get a further understanding of the issues. Which leads me to my last, and final point….

Is the Mediation Confidential?

Anything that is discussed in mediation is strictly confidential. This includes what is said between the parties and any discussion with the mediator outside the presence of the other side’s attorneys. The mediator is only allowed to tell the other side what you and your lawyer allow the mediator to say. The process is confidential to encourage the parties to be open and forthright in their attempt to resolve the case without the fear of anything being said in the mediation to be used against them in court. You cannot go to trial after a failed mediation and proclaim “the defendant only offered us $5 at mediation! Can you believe that?!”

Is Mediation the Best Course of Action for Your Case?

Mediation is an effective tool in personal injury cases, providing a way to settle disputes before they reach the courtroom. It allows both parties to present their case and receive expert advice from a neutral mediator, which can guide them to a mutually agreeable settlement. However, the success of mediation ultimately depends on the willingness of both sides to compromise.

If you have been injured due to someone else’s negligence, it’s important to understand the options available to you, including the possibility to mediate your personal injury case. At Williams Elleby Howard and Easter, we offer free consultations to help guide you through your personal injury claim and determine the best course of action for your situation.

Call us today at 833-LEGALGA or visit us at gatrialattorney.com for more information.  Call Us! It Won’t Hurt ™

Georgia Personal Injury Claims and AI

A glowing AI micro precessor chip floating just above a dark circuit board.

What is AI? In its most basic sense, AI is artificial “intelligence” that allows machines or computers to perform tasks that would normally require human intelligence. Google Cloud gives us a straight-forward analysis of AI that includes brief answers to questions like: How does AI work? What types of AI exist? How does AI learn? What are some benefits of AI? 

AI can benefit our lives in many ways, but we should proceed with caution, especially when utilizing AI in conjunction with personal injury claims. When it comes to personal injury claims, this author, believes that current AI technology is a flawed tool for estimating the value of a person injury claim. My law partner and I dig into the “Why” in this video:

Don’t have time for a ten-minute video, no problem. Let’s take a real-world case example to understand the “Why”:

I provided Microsoft Copilot with the following prompt:

What is the value of a personal injury case with the following facts in the State of Georgia? A man visits a restaurant/bar and consumes 7 alcoholic drinks over a 4-hour period. When the bar closed, an employee asked the man to take some items outside. The man did so and was unintentionally locked out of the bar. It was very cold and raining outside. The man attempted to gain re-entry by knocking on the door and calling the employee. He was unsuccessful. Therefore, he tried to walk around the building to gain access through a rear entrance. As he walked around the building, he fell 11 feet off a concrete retaining wall and sustained significant injuries. The retaining wall was located in a dark unlit area of the property. The bar owner knew the retaining wall was a hazard; yet, no guards or railing were placed around the retaining wall. The most severe injuries were a moderate TBI and lower back disk injury. He was hospitalized for 5 days and incurred approximately $350,000 in medical bills. What is this case worth?

I received the following Answer:

I’m really sorry to hear about the injuries sustained in this incident. Determining the exact value of a personal injury case can be complex and depends on various factors, including the severity of the injuries, medical expenses, lost wages, and pain and suffering.

Given the details you’ve provided, the case involves significant injuries, including a moderate traumatic brain injury (TBI) and a lower back disk injury, with substantial medical bills of approximately $350,000. In Georgia, personal injury settlements can vary widely, but severe injury cases can sometimes reach settlements in the range of $200,000 to $500,000 or more.

It’s important to consult with a personal injury attorney who can evaluate all aspects of the case, including liability, negligence, and the extent of damages, to provide a more accurate estimate.

Would you like some help finding a reputable personal injury attorney in Georgia?

There is a lot to unpack here but I must start with the fact that CoPilot undervalued this case by over $4,000,000.00. This is the actual jury verdict our firm obtained in December of 2023 showing exactly what a 12-person jury awarded in a case with these facts:

A redacted legal document, specifically of a verdict form from a personal injury case in Cobb County Georgia where the plaintiff was found 25 percent at fault and the defendant was 75 percent at fault.
A piece of paper showing showing a Cobb County Georgia jury award of $1,840,000 on 12/15/2023.

You can learn more about this specific case here:     

But, I digress. Why, in this example does AI attempt to provide a numerical answer? Perhaps, it is because I asked it to. But why not answer the question in a way that acknowledges AI’s current shortcomings? An answer that simply encouraged me to seek the advice of an experienced lawyer would be more helpful and minimize the risk that I would be misled by the response.

The injured person would need to consult an experienced lawyer and discuss several issues that would arise in a case like this. So, what are some variables an experienced lawyer should consider in estimating case value?

  1. How can Georgia’s comparative fault laws effect a personal injury recovery? In Georgia, a jury can allocate percentages of fault between the Plaintiff, Defendant, and Non-Parties. The juries’ allocation of fault between those persons will determine whether the Plaintiff may recover and whether the Plaintiff’s total damages will be reduced. Georgia’s comparative negligence laws, would completely bar a recovery if the jury determined that the Plaintiff was 50% or more at fault. O.C.G.A. § 51-12-33(g). If the jury found the Plaintiff to be more than 0% but less than 50% at fault, the judge would be required to reduce the total damages awarded to the Plaintiff in proportion to his or her percentage of fault.
  2. Where would the lawsuit be filed? In legal circles, we call that “jurisdiction” and “venue.” Jurisdiction and venue matter! If a federal court has jurisdiction over the case, a lawyer must be admitted to practice before that court and intimately familiar with its local rules. Also, if a state court has jurisdiction, a lawyer must know what county is appropriate for filing suit. This is referred to as “venue.” Jury verdicts vary tremendously between counties in the State of Georgia and, on average, there is a clear difference in the amounts awarded by juries in traditionally conservative venues versus progressive venues.
  3. What is the legal status of the injured person? Was he an invitee, licensee, or trespasser? The duty owed by a property owner is different depending on whether the injured person is a business customer (invitee), social guest (licensee), or trespasser.
  4. Does the amount of time someone will suffer from the injury affect case value? Yes! The lawyer needs to determine whether the injuries are permanent. This is done by consulting with reputable medical professionals who can offer opinions about how the injuries will affect, if at all, the injured person over the remaining years of his or her life. Juries tend to award higher damages if the injured person suffers from his or her injuries for a long period of time.
  5. What if I’m injured, and the property has no insurance? If the property owner or occupier has no unencumbered assets and no insurance, the injured person may not want to bring a claim. After all, the “value” of the case is $0, if there is no person, entity, or insurer to pay for the damages. However, if the property owner has sufficient liability insurance to pay for the injured person’s damages, it may be worthwhile to bring a personal injury claim.

The list of variables one must consider when estimating the value of an injury case is lengthy, but the lesson here is that everyone should use extreme caution when using AI to assign “value” to personal injury claims. AI’s ability to provide an accurate response is limited by the information it is provided. If the person who submits an inquiry to AI does not know the proper variables to include in a question, he or she is likely to receive an inaccurate answer. AI is also limited by what it has “learned” and what information is available when it formulates an answer. AI will undoubtedly make many aspects of our lives easier, but it has a long way to go before it can be relied upon to provide reliable legal advice.

CoPilot did acknowledge that “It’s important to consult with a personal injury attorney who can evaluate all aspects of the case…” Kuddos to CoPilot for acknowledging this important fact; however, CoPilot made a monumental error that could harm the consumer by offering to find a “reputable” personal injury attorney in Georgia. I responded, “Yes” (and am not including CoPilot’s response here because I do not feel it is appropriate to provide additional publicity to one of the firms that was recommended).

CoPilot recommended four personal injury law firms. One of those firms was highly reputable and I would not hesitate to hire them for my own case. However, one of the firms is being sued in a class action in the State Court of Gwinnett County, Georgia for violating O.C.G.A. § 33-24-53 (Unlawful Solicitation of Personal Injury Victims), O.C.G.A. § 16-14-4 (Racketeer Influenced and Corrupt Organizations Act), and O.C.G.A. § 10-1-391 (Fair Business Practices Act). The style of the case can be found on the Georgia Court of Appeals website. Why would CoPilot recommend a law firm that is facing such accusations?

All in all, if you are injured and curious about the value of your case, don’t trust AI to provide a value or to recommend a law firm. Do your own research. Talk to lawyers and search for credible information on law firm websites and YouTube Channels. Many reputable law firms provide accurate and free information if you simply look for it. For example, you can find advice on anything from finding the right lawyer for your case to What is a Neck Injury Worth to How Long Will My Workers Compensation Case Take?

The decisions one makes after a personal injury will greatly impact his or her finances. Those decisions should be made with the advice of a reputable and experienced lawyer. CoPilot and I agree on this basic principle. Call a good lawyer. It won’t hurt.