Georgia’s O.C.G.A. 9-11-67.1 Automobile Wreck Pre-suit Demand

Georgia’s O.C.G.A. 9-11-67.1 Pre-Suit Car Wreck Demands

Pre-Suit Demands in Auto Wreck Cases and Why They Are Important! A History on Georgia’s O.C.G.A. 9-11-67.1.

In almost every car wreck case it is important to send the at-fault insurance company a pre-suit demand. In Georgia, the law that controls pre-suit demands for car wrecks is found at O.C.G.A. § 9-11-67.1. 

This statute was first enacted in 2013 and set out the requirements needed to send a valid pre-suit demand in a car wreck case. 
Those requirements (or material terms) were as follows:

  1. State a time which such offer must be accepted, which shall not be less than 30 days
  2. The amount of the monetary payment
  3. The party or parties the claimant(s) will release if accepted
  4. The type of release, if any, the claimant(s) will provide to each releasee; and
  5. The claims to be released.

The code section also stated that the recipient could seek clarification regarding terms, liens, subrogation claims, medical bills, records, and other relevant information, and such clarification would not amount to a counteroffer.

This law was enacted in response to what were traditionally called “Holt demands.” These Holt demands were sent to insurance companies giving them typically no more than ten days to respond to a policy limits demand, along with other conditions the offeror deemed fit. Failure by the insurance companies to comply with Holt Demands would then lead to a bad faith claim against the insurance company for failing to pay the policy limits in a timely manner, and situations where insurance companies were potentially paying well above their policy limits for acting in bad faith by failing to settle per the conditions of the Holt demand. O.C.G.A. § 9-11-67.1 was enacted to bring clear rules to these demands.

Like most laws, once the initial statute was enacted there were some things that needed to be further refined. Thus, the law was amended in 2022, which modified the material terms and required clarity with what type of release was being offered (whether a full or limited release), and an itemization of what was to be provided to each releasee.

Some additional changes required:

  • The demand to include medical or other records in the offeror’s possession to allow the adjuster to evaluate the claim;
  • If a release was not provided in the demand, sending a proposed release by the adjuster was not considered a counteroffer;
  • Limiting the material terms of a demand to those listed in the code section; and
  • If payment was required by a certain day, that date could not be less than 40 days from the receipt of the offer.

The biggest impact of the 2022 amendment was confirming that the only material terms that could be included in the demand were those listed in the code section, and any other stated material term had to be agreed upon by both parties. It also allowed the recipient to provide a proposed release when accepting a demand, and that by doing so did not amount to a counteroffer.

In 2024, however, the statute was amended for a third time. Unlike the prior amendment, this amendment made some notable changes to the material terms. Specifically, the material terms were amended to include the following:

  • You must include a specific date by which such an offer must be accepted, which shall not be less than 30 days.
  • You must include a specific date by which payment shall be delivered, which shall not be more than 40 days from the offer.
  • A requirement that in order to settle the claim, the recipient shall provide the offeror a statement under oath regarding whether all liability and casualty insurance issued by the recipient that provides coverage or may provide coverage has been disclosed, along with a date in which such disclosure must be made, but not less than 40 days from receipt of the offer.

The newest amendment also clarifies that any disagreement with an immaterial term does not subject the recipient to a civil action from an alleged failure to accept an offer. However, seeking to modify any of the material terms would not be deemed a clarification.

Importantly, and as stated above, this type of demand only applies to death or injury resulting from a motor vehicle collision and must be sent prior to the filing of an answer. There are other types of demands that are sent in other personal injury cases, including premises liability, medical malpractice, and product liability cases, to name a few.

As you can see, this law has had some significant changes over the years, which is why it is important to consult with a knowledge personal injury attorney when you or a loved one has been injured in a car wreck.  In this video, Attorneys Joel Williams and Chase Elleby discuss the steps involved in settling a car wreck case to ensure you receive the compensation you deserve.

Williams, Elleby, Howard, & Easter serves clients throughout the State of Georgia. If you or a loved one suffered a personal injury as a result of a car wreck, 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 833-534-2542 today.

Autonomous Vehicles and Georgia Personal Injury Law

young woman reading a magazine in a autonomous car. driverless car. self-driving vehicle. heads up display. automotive technology.

Navigating a New Legal Landscape: Self-Driving Cars and Georgia Personal Injury Law

What once seemed like a futuristic pipedream is now a reality- The Insurance Institute for Highway Safety expects there to be 3.5 million vehicles with self-driving capabilities on the road by 2025. While this technological advancement promises greater convenience and safety on the roads, it also raises complex legal questions, especially concerning personal injury claims.

Understanding Self-Driving Technology

Self-driving cars, also known as autonomous vehicles, utilize advanced sensors, cameras, and artificial intelligence algorithms to navigate roads without human intervention. Tesla, a frontrunner in this field, has been developing its FSD mode, which aims to enable fully autonomous driving capabilities. While most major automakers’ new vehicles provide backup sensors, front crash warning systems, laser-guided cruise control and lane assist features to help cars remain in the correct lane, Tesla is the first to take the next step toward providing a truly autonomous vehicle.

Tesla’s Full Self-Driving (FSD) Mode

Tesla’s FSD mode represents a significant leap forward in autonomous driving technology. It incorporates features such as Autopilot, Navigate on Autopilot, and Traffic Light and Stop Sign Control. These features allow the vehicle to practically drive itself. Once engaged, the system will drive the vehicle with virtually no human intervention. It is capable of seeing and reacting to other vehicles on the road, changing lanes, reading road signs, obeying traffic lights, yielding to pedestrians, navigating to locations, and parking itself all without human intervention. While these features offer convenience and enhanced safety, they also pose two major questions: (1) are they safe and (2) what are the legal considerations in the event of accidents or injuries.

Are Autonomous Vehicles Safe?

Determining the safety of autonomous vehicles is difficult because there is currently no reliable way to confirm whether a driver was using the automated driving mode at the time of a crash. However, most safety agencies agree that automated driving systems offer significant potential to reduce traffic crashes. The National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation reports that 94% of crashes in the United States are caused by some sort of human error, with the leading causes being driving under the influence, distracted driving, and driving while tried. Therefore, the Department of Transportation found that automated driving systems “have the potential to significantly reduce highway fatalities by addressing the root cause of these tragic crashes.”

However, the question still remains as to whether these systems are “safe enough” to rely on for day-to-day use. I have spent the last three months driving a Tesla with Full Self-Driving capabilities and am not ready to say that it is “safe enough.” While I am, by no means, a safety expert, I can definitely say there were moments where, if left unchecked, the car would have caused a crash.

FSD technology does so many things well. However, there are certain situations where it fails miserably and others where it is just annoying. It fails miserably at seeing large white objects on clear sunny days. I have twice been in situations where I was stopped at a stop sign and the car almost pulled out directly in front of a large white vehicle crossing the intersection in front of me. Had I not been paying attention and disengaged the system, the FSD would have caused a crash in both instances. The FSD is annoying in the time it takes to make decisions in certain situations. At times, I can sense the car “thinking” about whether an action is safe. This feels like it takes forever and really slows down other traffic in the area. For example, when the car parks itself, it stops in the middle of the parking lot for a significant amount of time as it measures/plans its path to park. Also, when waiting to pull out from an intersection, the car will wait quite a while when there is no traffic coming to ensure it is safe to go. While these delays are probably safer, it does seem to cause congestion and annoyance to other drivers.

Despite my anecdotal evidence of issues with the technology, Tesla has published data showing that its FSD technology is safer than human driving. Tesla’s data reveals that it recorded one crash for every 7.65 million miles driven using its FSD technology, while the most recent data available from NHTSA reveals that, in the United States, there was one crash approximately every 670,000 miles driven. Thus, Tesla claims that its FSD technology is 1,100% safer than the average American driver.

Legal Implications of Autonomous Vehicles

Determining liability in a crash involving an autonomous vehicle will likely be much easier due to the technology available on the vehicles. All autonomous vehicles are equipped with multiple cameras, which record and store data in real time. Therefore, after a crash, it is much easier for the responding office to pull the video from the car to see exactly what happened in the wreck and determine who was at fault. The driver of the autonomous vehicle is still responsible for the actions of the car; thus, fault would still lie with the autonomous vehicle driver even if the crash occurred while operating in self-driving mode.

The more complicated question involves insurance coverage. Who must pay for the crash? To date, Georgia law has not passed any statutes directly addressing insurance coverage as it relates to autonomous vehicles. Therefore, normal negligence and insurance law applies, which would make the driver of the at-fault vehicle and her insurance company responsible for the damage caused by the crash.

However, in a crash involving serious injuries where a malfunction of the autonomous driving software caused the crash, an injured party may be able to pursue a products liability claim against the manufacturer of the car/software. These cases can be complex; nevertheless, it is most certainly an avenue that an experienced personal injury attorney would explore should the facts warrant it.

The Rise of Robo-Taxis: What You Need to Know

Beyond individual ownership, the concept of Robo-taxis, or autonomous ride-hailing services, is on the horizon. Companies like Tesla and Waymo are exploring the potential for deploying fleets of self-driving vehicles for on-demand transportation. While this promises greater accessibility and efficiency, it also raises questions about insurance coverage, regulatory compliance, and passenger safety. Deploying these types of vehicles on Georgia’s roads will most certainly require new laws to determine what types of insurance coverage is required and who would be responsible for providing that coverage. Only time will tell how this plays out in the Georgia Legislature.

How to Protect Your Rights in a Self-Driving Future

In the face of rapid technological advancement, it’s crucial for individuals to stay informed and proactive about their legal rights. If you’re involved in an accident involving a self-driving car, here are some steps to take:

   1. Seek Medical Attention:

           Your health and safety should always be the top priority. Seek medical attention for any injuries sustained in the accident.

   2. Document the Scene:

           Gather evidence, including photographs of the accident scene, vehicle damage, any relevant road conditions, and check with the autonomous vehicle driver to see if there is video of the crash.

   3. Contact Law Enforcement:

            Report the accident to the police and obtain a copy of the accident report.

   4. Consult with an Attorney:

            A skilled personal injury attorney can help preserve evidence, assess your case, advise you on your legal options, and represent your interests in negotiations or litigation.

Conclusion

Self-driving cars hold the promise of a safer and more efficient transportation future. However, as with any technological innovation, there are legal considerations that must be addressed. By understanding your rights and seeking knowledgeable legal representation, you can navigate the complexities of personal injury claims in the age of self-driving cars. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get accident 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 suffered an injury as a result of a autonomous vehicle, Attorney Jared Easter 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 833-534-2542 today.

Distracted Driving is a Real Problem in Kennesaw, GA

distracted driving accidents deadly

Automobile Accidents are a Real Problem in Cobb County, GA

According to Georgia Automobile Crash Data published by the Georgia Department of Transportation (“GDOT”) on its crash data portal, there were 25,716 accidents in Cobb County, Georgia during 2022. 10,603 people were injured in those accidents and 77 died.  These statistics are alarming but they are down right scary when we break them down further. These statistics suggest that in 2022, on average, 70.45 accidents occurred every day in Cobb County. Again, on average, 29.04 people are hurt in these accidents every day and someone died every 5.18 days.

Distracted Driving is a Dangerous Habit for Many Georgia Drivers

A major cause of deadly traffic accidents is distracted driving. In today’s high paced world, drivers can be distracted by many things ranging from cell phones to kids arguing in the back seat. 52,149 of the 57,605 distracted driver convictions reported to the Georgia Department of Driver Services in 2021, were for violations of O.C.G.A. § 40-6-241(c) Unlawful Use of Wireless Device. Of all the counties in Georgia, Cobb County had the third most convictions for violations of O.C.G.A. § 40-6-241(c). The only Georgia counties with more convictions for Unlawful Use of a Wireless Device were Fulton and Gwinnett Counties. Detailed distracted driver data reports for Georgia can be found on the Georgia Department of Driver Services website.

Despite extensive research showing just how big of a problem distracting driving is, drivers continue to engage in behavior that causes them to lose focus on the road. People often underestimate the risk of talking on the phone, text messaging, eating while they drive, or overestimate their ability to multitask. But with lives at stake, practicing safe driving habits is crucial.

Careless Tractor Trailer Drivers Drive While Distracted

Just a few years ago, this author was contacted by a potential client after he was rear-ended by a tractor trailer driver on Interstate-285 outside of Atlanta. At first glance, the case seemed to be fairly routine but things got interesting when I filed suit and obtained the tractor-trailer driver’s cell phone records.

During the lawsuit, I served written discovery on the tractor-trailer driver, his employer, and his insurance company. Initially, they vehemently denied that he was using his cell phone at the time of the crash. Specifically, the driver claimed he was checking his mirrors as a safety measure prior to the crash:

His cellular provider’s records told a different story. The driver was, in fact, engaged in a lengthy text messaging conversation during his trip and at the time of the crash. This was easily proven by comparing the Georgia Crash Report – Crash Date & Time to the driver’s cell phone records as shown below:

When this tractor trailer driver was texting and driving, he knew that his actions were dangerous. He said so in his deposition testimony:

6         Q.  Did you know at the time of this
7.    wreck and did you believe at the time of this —
8.    that this wreck occurred that texting and driving
9.    was, as on this video we just watched, one of the
10.  most dangerous things you can do while driving a
11.  vehicle?
12.       A.  Yes, I was aware.
13.       Q.  And did you it anyway?
14.        A.  Yes.

This driver’s dangerous choice to text and drive caused significant injuries to my client that resulted in a very expensive and risky neck surgery. As a consequence of this driver’s choice to text and drive, my client will never be the same. He has internal hardware to stabilize his spine and he will never again be the same father and husband he once was. In addition to my client’s serious injuries, this driver’s employer had to pay a large amount of money to settle this claim.

Nobody “won” in this situation. A man’s life was forever altered and a company lost a lot of money due to its driver’s dangerous choice to text and drive. We should all keep this lesson in mind so we don’t make the same dangerous mistake.

Common Bad Habits to Avoid While Driving in Georgia

  1. Texting. This is a bad and dangerous habit in Georgia and throughout the country. Texting while driving is extremely dangerous. Some research shows that the dangers of texting and driving can be as profound as those associated with drinking and driving. Texting and driving should always be avoided for safety reasons. Moreover, it is illegal to do so in Georgia and punishable by a fine. 
  1. Using apps or other phone functions. Equally dangerous is using your phone to access apps, music, or any other functions. For instance, one study suggested that the rising popularity Pokemon Go was causing more accidents on the road because game-obsessed drivers sometimes try to play as they drive. Like texting, using smartphone applications while driving should always be avoided.
  1. Talking on the phone. Some studies show that even hands-free cell phone conversations present a significant risk. Although hands-free calling is a safer way to communicate than texting, you should be aware that it still presents a risk on the road.
  1. Eating and drinking. Some people eat and drink when they drive. In fact, at one time or another most people have probably tried to grab a bite or sip on a soda while behind the wheel. While there are some circumstances where this might be safe, you should never eat or drink anything that takes both hands, is messy, or can be easily spilled.
  1. Any other multitasking. There are countless other ways a person can be distracted trying to multitask as they drive. Anytime you are taking attention away from your driving to do something else, it can be a problem and a safety hazard.

Distracted Driving Poses Significant Financial Risks

Distracted driving poses significant financial risks, impacting individuals and society at large. Lets explore some financial consequences that may arise from this dangerous behavior:

  1. Increased Auto Insurance Premiums: Traffic violations related to distracted driving lead to higher automobile insurance premiums. When you receive a citation for distracted driving, your automobile insurance costs can increase significantly. According to The Zebra, a 2024 cell phone violation can increase your insurance premiums by 21.56%. Repeated offenses can compound these costs resulting in prohibitively expense automobile insurance premiums. 
  1. Insurance Claims and Payouts: Insurance companies are in the business of making money. Distracted driving accidents result in property damage and personal bodily injury payouts. An “at-fault” distracted driving accident will almost certainly increase the at-fault driver’s premiums. However, the financial fallout does not stop with that driver. When more distracted driving accidents occur, automobile insurers will have higher overall claims expenses. This means that those increased expenses will be passed along to the public in the form of higher premiums.
  1. Property Damage and Repairs: Distracted driving often results in crashes, leading to property damage. Repairing or replacing damaged vehicles can be expensive, especially in the modern world where vehicle maintenance and repair costs continue to rise.
  1. Medical Expenses: Distracted driving accidents can result in injuries to drivers, passengers, and pedestrians. Medical expenses, including hospital bills and doctor visits can quickly add up.
  1. Legal Fees and Fines: Most states have enacted laws that impose monetary fines on individuals who plead guilty or are convicted of distracted driving. For example, in Georgia, the monetary fines can be found at O.C.G.A. § 40-6-241(f)(1).
  1. Lost Wages and Productivity: When distracted driving leads to accidents, the accident victims often miss time from work to deal with car repairs, doctor’s appointments, etc. This can result in lost income for the victims and lost productivity for employers when their employees are unable to perform their job duties efficiently.
  1. Vehicle Depreciation: Most of us know that the resale value of a damaged vehicle is much less than a non-wrecked vehicle. Even after repairs, potential buyers may hesitate to purchase a car with an accident history.
  1. Business Costs: When commercial vehicles are involved in distracted driving accidents, the businesses often face repair costs, insurance claims, and lost revenue. For example, when a tractor trailer driver is involved in a distracted driving accident, the trucking company will likely face several claims that include damaged cargo, property damage, worker’s compensation, and even third-party bodily injury. It may not end there. If the company has a history of distracted driving accidents caused by its drivers, it may face regulatory penalties and lose business from customers that hire it to transport goods.

Distracted Driving is a Top Concern for Automobile Accident Lawyers

Personal injury automobile accident lawyers are usually interested in whether the at-fault driver was distracted at the time of the wreck that injured their client. There are many reasons for this but the primary reason is that injury claim and lawsuit awards are usually larger when the are aggravating circumstances that contribute to the wreck.

So, why are monetary awards typically larger when someone causes a wreck while they are distracted? In this author’s experience, it is because the distracted driver is less sympathetic than an attentive driver who simply made a mistake.

In most situations, a conscious choice must be made to take whatever action caused the distraction. For example, someone must choose to use their cell phone. They must choose to wear earbuds. They must choose to check their email. They must choose to play a game. They must choose to apply makeup. A conscious choice is much different from an innocent mistake where someone, for example, misjudges the distance between themselves and another driver.

Additionally, drivers that violate a distracted driving law may be negligent per se. This means the law presumes that the distracted driver breached their duty of care and is negligent as a matter of law. In negligence per se cases, the injured party (usually the Plaintiff) only needs to prove that the negligent acted “caused” their damages (and of course, what those damages are).

The lesson here is quite simple. Distracted driving exposes drivers to significant financial burdens so don’t do it.

Be Safe: Focus on the Road When Driving

Driving isn’t a time to lose focus. Every day, most Americans drive and it is easy to get complacent. Distracted driving not only jeopardizes lives but it also results in substantial financial burdens. By staying focused on the road, we can mitigate the risks of driving and promote safer driving practices for everyone.

If you’d like more information, or if you’ve been injured by a distracted driver, feel free to contact the personal injury lawyers at Williams Elleby Howard & Easter at (833) 534-2542 in Kennesaw, Cobb County, Georgia today.

What You Should Know BEFORE a Car Wreck

Aftermath of a car crash showing a silver car with the front end smashed in.

Let’s start by saying we hope you never need to hire an attorney.  We hope you never end up in a car wreck, but the unfortunate reality is car accidents are a fact of life.  Whether you are at fault or not, car accidents are on the rise.  According to the National Highway Traffic and Safety Administration, over 5,200,000 million collisions happened over the course of year (2020).  After working with a lot of first time personal injury clients who maybe waited too long to call an attorney or made a misstep before contacting us, we often hear the comment, ‘I wish I knew this before getting in a car wreck…’ Here is our advice to those who have yet to be in an accident, based on what our clients wished they knew.

Don’t Trust the At Fault Insurance Company

The number one thing our clients wish they knew before getting into a wreck was to not trust the at-fault insurance company.  The at-fault insurance company is the company that represents the at-fault driver.  The at-fault insurance company’s interest is not aligned with yours.  Do not trust them when they say things like, ‘hey, we’ll take care of you,’ or ‘send us your bills and we will pay them.’  After sending them your medical bills, they will likely come back and argue the bills are too high. Insurance companies will say they only need to pay what is “reasonable and necessary,” so they can always argue the treatment you received or the amount you paid was not reasonable or necessary.

Don’t Wait Too Long to Seek Treatment When You’re Hurt

If and when you are involved in an auto accident, do not wait too long to seek medical treatment. Insurance companies will argue that gaps in seeking and receiving treatment make it look like you were not really injured or that your injuries were so minor that you didn’t need treatment.  The reality is, you might feel fine at first but after a couple of days, symptoms of your injuries start to occur.  We have also seen clients waiting to seek medical treatment in hopes that their injuries will get better on their own with time.  If you wait too long before seeking treatment or don’t follow your treatment plan according to your medical providers’ instructions, this can hurt your personal injury case.

Make Sure Your Car is Worth More Than What You Owe — Gap Coverage Insurance

Sometimes the market is what it is and this is not always something you can avoid, but if possible, owing less on your car than what it is worth is ideal.  If you are in an accident and your vehicle is totaled, the insurance company is only required to pay you the “fair market value” of your car.  So for instance, if you can sell your car for $20,000 but you owe $30,000 on it, the insured only has to pay $20,000 for that vehicle.  This is where gap coverage comes in handy.  If you suspect you could ever be in a situation where you owe more than your car is worth, gap coverage on an insurance policy will cover the difference between what your car is worth and what was owed on it before being totaled.

Make Sure You Have Uninsured Motorist Coverage

Uninsured motorist coverage is essential in the event you are hit by someone with no insurance or not enough insurance to cover the accident.  You can learn more about uninsured motorist coverage here.

“Full Coverage” is Rarely Full Coverage

We often hear first time clients say things like, ‘Don’t worry, I have full coverage,” only to find out they have minimum limits coverage.  Some insurance agents will tell you they’ll get you “full coverage,” simply meaning you’re fully covered to legally drive in your state.  Fully covered to drive does not mean you are adequately protected if you cause a wreck and cause bad damages or if somebody hits you and causes bad damages.  Don’t just settle for “full coverage”.  Really look into your policy and find out what kind of coverage is written into your policy and whether the amounts of coverage provide sufficient protection for your personal situation.

If You’re Able, Gather Information at the Scene

Pictures, video, witness names and contact information from the scene can be instrumental in your personal injury claim after a car wreck.  It is amazing how several people can be involved in the same event and have different recollections of what happened.  Don’t always rely on the investigating police officer to record names and contact information of witnesses.  The officer might include information from witnesses but not always record their contact information for use later. Any documentation you are able to collect at the scene will be helpful in winning your case later on down the road.

Hire a Good Personal Injury Attorney

If you get into an accident, make sure to hire a good personal injury attorney.  Do your research.  Examine websites, read reviews, ask friends and family that have used an attorney before, and set up a free consultation to meet with potential attorneys to feel them out.  You want to hire the best attorney for you and your case.

If you’ve been injured in a car accident and are looking for a personal injury attorney, schedule a free consultation with us today! Joel Williams and Jared Easter are experienced car wreck attorneys who can help you settle your case.  833-LEGALGA

Who are the Players Involved in a Car Wreck Case?

Traffic on a multi-lane highway with the question Who are the Players Invovled in a Car Wreck Case printed at the bottom of the picture.

Who are the Players Involved in a Car Wreck Case?

When involved in a car wreck in the state of Georgia, there are at least 30 players that may be involved in your case. Despite the many people you’ll likely encounter throughout your case, your personal injury attorney will assist you through every step. Read more to learn about each party and what they do to make or break your case.

  1. The At-Fault Driver: If you suffer injuries in a car wreck that was not your fault, make sure to get the at-fault driver’s contact and insurance information. You will need to know the at-fault driver’s contact and insurance information if you intend to bring a personal injury claim or lawsuit.
  2. The Injured Party: This might be you! If you are injured in a car wreck, you may be asking for compensation from the at-fault driver or their insurance company. You must find a diligent lawyer who will take the time to understand your injuries and help you recover what you deserve in your injury claim.
  3. Other Drivers in a Multiple Car Collision: This includes other drivers of vehicles involved in the accident who are not the injured victim or the at-fault driver. It’s important to get the contact and insurance information from these drivers, as they can provide more information throughout the case.
  4. Independent Witnesses: People who witness a wreck or those who stop to help the people involved are called independent witnesses. An independent witness may have seen enough of the accident that they can make or break your case. Be sure to get his or her contact information.
  5. Investigating Police Officer: The investigating police officer is the one filling out the accident report, getting information from both parties, issuing citations and filling out the narrative report.
  6. Ambulance or EMS Crew: An ambulance may arrive at the scene to provide care to any injured victims. If you are injured, be sure to let the EMS crew know of any pre-existing conditions you may have.
  7. 911 Operator: After a wreck, the first phone call you should make is to 911. The operator takes all information provided and transmits it to emergency response officers. Remember to remain calm and speak clearly to the operator so they can understand you and send necessary help.
  8. Emergency Room Personnel: ER personnel includes the doctors, nurses and technicians who assess your injuries and determine the next steps for your healthcare treatment. Let them know your injuries are from the car wreck.
  9. Adjuster for At-Fault Driver’s Insurer: The adjuster of the at-fault driver’s insurance company looks at your claim and offers a settlement for your case. They will try to settle your case for the smallest amount possible since they are not on your side. Be sure to hire a personal injury attorney who will ensure you are compensated fairly.
  10. Uninsured Motorist (UM) Adjuster: This adjuster works for your own insurance company and adjusts your claim in the instance that you are hit by a driver who has insufficient liability coverage to compensate you for your damages. They will also try to settle your claim for as little as possible. Hiring a personal injury attorney will ensure you get the most money out of your claim.
  11. Medical Payments or PIP Insurance Adjuster: This adjuster handles medical payments coverage that you may have under your automobile policy that will cover your bills regardless of whose fault the wreck was. This person is who you will send your bills to, and they will then either pay the bills directly to the provider or to you up to the amount of your insurance policy limits.
  12. Tow Company: If your vehicle sustains disabling damages, it will likely be towed to a salvage yard along with all of your personal belongings. The police officers who attended the scene will be able to give you the name of the tow truck company so you can locate your vehicle and retrieve your belongings. You will also need to let your insurance company know where your vehicle is being stored so they can assess the situation and determine any necessary further steps.
  13. Injured Victim’s Attorney: Also known as the trial lawyer or the plaintiff’s attorney, this attorney is responsible for handling all aspects of the claim for the injured victim, including pre-suit and post-suit aspects.
  14. Injured Victim’s Health Insurance Company: As the injured victim, it is important for you to get medical treatment from a provider that accepts your health insurance whenever possible. This will save you money, which can ease your financial burden.
  15. Medical Funding Company: A medical funding company assists injured victims who may not have medical insurance and cannot pay out-of-pocket but need medical treatment. These companies will pay your medical bills and receive reimbursement from the proceeds of your claim once it is settled.
  16. Lawyer for Hospital for Physician Lien: In Georgia, there is a law that allows a hospital or doctor’s office to file a lien on medical bills. This allows the doctor to collect the full amount of their bills instead of accepting the reduced amount from an insurance company. A lawyer will be able to assist you with the lien.
  17. Subrogation Analyst: A subrogation analyst’s job is to recover as much money as possible from your car wreck settlement to reimburse any relevant health insurance or lien holders for any amounts they paid related to the injured person’s care. It’s important to have a personal injury attorney on your side that can negotiate on your behalf, to save you as much money as possible.
  18. Medical Specialist: Other than your primary physician, a medical specialist includes medical doctors, chiropractors, psychiatrists, and other specialists that may help you after you’ve been involved in a car wreck.
  19. Process Server: This person is hired by your lawyer to make sure the at-fault driver is properly served the lawsuit if filed.
  20. Staff Attorney: This lawyer is employed by the court to work with judges to help them come to the right decision on disputed legal issues in your case. They are also responsible for any additional research about questions of legality to help the judge come to a decision.
  21. Court Reporter: This key player will attend all depositions, motion hearings and trial. The court reporter is responsible for transcribing all words spoken to create a written transcript that will be utilized by all parties involved.
  22. Trial Court Judge: The trial court judge is the overseer of litigation car wreck cases. The trial judge will decide who is right about what law applies to your case and may also issue scheduling orders and deadlines throughout your case.
  23. Insurance Defense Lawyer: Also known as the defense attorney, this person is responsible for defending the case on behalf of the at-fault driver. They will conduct discovery and try the case on behalf of the at-fault driver, if needed.
  24. Expert Witness: This includes accident reconstructionist, biomechanical experts, medical doctors, etc. These people can attend trial and offer an opinion that may be beyond the knowledge of the average juror.
  25. Investigators: In a car wreck case, an investigator may be hired by the at-fault driver’s insurance company to follow the injured party around in an effort to try and catch them doing something that makes it appear as if they are not injured. Investigators are also used by both parties to locate witnesses for more information on the case.
  26. Mediator: A mediator is the middleman of a mediation. His or her primary duty is to meet with both parties involved and help them come to a settlement so a trial is not needed and both parties are satisfied.
  27. Focus Group: To better help your personal injury attorneys prepare for trial, they may hire a focus group that will listen to both sides of the case and provide feedback and/or helpful suggestions that will benefit your case.
  28. Jury: The jury is composed of twelve disassociated citizens that will decide which side wins at trial. The jury will return a verdict in favor of the injured party or the defendant. If the verdict is in favor of the injured party, the jury will normally decide how much should be awarded.
  29. Courtroom Visuals: Visuals, including medical illustrations, PowerPoint presentations, videos, recorded 911 calls, etc., are beneficial to a case in allowing the jury to fully grasp the extent of the car wreck and any sustained injuries.
  30. Appellate Court: The appeals courts in Georgia include The Court of Appeals of Georgia and The Supreme Court of Georgia. After a car wreck trial or motions hearing, The Court of Appeals is usually the first line of appeal for any alleged errors from the trial court. The court will hear the case and decide whether to affirm or reverse the trial court or to remand the case to trial court.

There are many moving parts involved with a car accident case, and it can become confusing and overwhelming to face alone. Trustworthy personal injury attorneys like those in our office are here to help. Have you recently been involved in a car accident in the state of Georgia? Call Williams Elleby Howard & Easter at 833-LEGALGA (833-534-2542) today to schedule a free initial consultation. Be sure to check out our video playlist of the 30 Players Involved in a Car Wreck case on our YouTube channel.

Fatal Accidents on the Rise in Georgia 

fatal accident rise Georgia
Fatal Vehicle Accidents Are On the Rise in Georgia 

Driving a vehicle is an everyday activity for most of us, and often feels like a mundane task. However, it is important to remember that driving is an inherently dangerous activity that causes millions of injuries and thousands of deaths each year in the United States. This is especially true for those of us in Georgia, where there has unfortunately been an increase in fatal accidents in recent years. 

In 2019 there were about 1,500 fatal crashes; In 2020 there were about 1,700 fatal crashes. So far in 2021 there have already been 733 fatal crashes. This number has already surpassed the 600 fatalities from last June, and is expected to continue rising.

Common Causes of Fatal Vehicle Accidents in Georgia 

The three major causes of fatal accidents include distracted driving, impaired driving and speeding.

Distracted Driving

The main cause of distracted driving is cell phone use, which can include texting, using GPS, checking email, social media scrolling, taking photos and more. Texting while driving, or otherwise using a handheld device, is extremely dangerous because it creates both a visual and a cognitive distraction for the driver. It has been reported that drivers who text are eight times more likely to be in an accident, and that any distracted driver is four times more likely to be in an accident. Georgia drivers should also remember that it is illegal to text and drive at the same time. 

Impaired Driving

When most of us think of impaired driving, we think of driving under the influence, or DUI. And indeed, DUI creates an unacceptable risk that should not be tolerated. However, another form of impairment that causes a substantial number of accidents each year is sleepy or drowsy driving. There are few things more dangerous than falling asleep at the wheel, but even when drowsy drivers manage to stay awake, an accident is more likely to occur because fatigue significantly hinders reaction time. 

Speeding

Speeding also presents a major risk to others on the road. Many accidents are caused because drivers are traveling too fast to make a turn or to change lanes when necessary. In other cases, drivers have been traveling at the speed limit, but were going too fast for the weather or traffic conditions. Less frequent, but still sometimes a problem, are drivers that go too slow on highways. Under Georgia’s “slow poke” law, “No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.” 

According to the Georgia Department of Transportation, 74% of roadway fatalities can be attributed to distracted driving, impaired driving or driving too fast for conditions. Other causes of fatal accidents include violating rules of the road, pedestrian or cyclist negligence, unsafe road conditions, and vehicle malfunctions. 

In more than half of fatal accidents in Georgia in 2019, the victims were not wearing their seatbelts. This is a striking statistic when considering that seat belt usage hovers around 90%. According to the National Highway Transportation Safety Administration, seat belts save roughly 14,000 lives every year. 

Drive Alert, Arrive Alive 

In response to the alarming increase in traffic fatalities, the Georgia Department of Transportation, in partnership with the Georgia Governor’s Office of Highway Safety, launched the “DriveAlert ArriveAlive” campaign. The goal of the campaign is to reduce accidents “by educating drivers about simple changes they can make in their driving behavior to prevent crashes, improve safety and save lives.” The campaign has three core messages for drivers: 

  1. Buckle up; 
  2. Stay off the phone and mobile devices; and 
  3. Drive alert. 
Who is the Best Attorney for Fatal Car Accidents in Georgia? 

Choosing an attorney after a fatal Georgia car wreck can be difficult. You want someone who has the experience required to handle a complicated case and you need to make sure the attorney you hire is not overworked and can devote him or herself to your case. Consider interviewing several firms or lawyers before making your decision so you can feel confident that you are hiring the best lawyer for your case. 

Williams Elleby Howard & Easter Helps Victims Get the Compensation They Deserve 

All drivers have a duty to operate their vehicles with reasonable care and follow the rules of the road. This duty is extremely important because serious traffic accidents can place an enormous burden on personal injury victims and family members. The experienced legal team at Williams Elleby Howard & Easter is dedicated to ensuring that accident victims get the compensation they deserve. If you or a loved one has been in an accident, it is important to understand your legal rights and options. 

Georgia is a “fault” state when it comes to auto accident liability. This means if a party is responsible for causing an accident, they have an obligation to compensate any victims of harm. The attorneys at Williams Elleby Howard & Easter work hard to provide knowledgeable, accessible and effective service to each of their personal injury clients, with the goal of maximizing compensation. If you would like to consult with one of the attorneys at Williams Elleby Howard & Easter, call 833-LEGALGA (833-534-2542) to schedule a free meeting.

Traffic Fatalities Spike Due to Distracted Driving

Multiple lanes of bumper to bumper traffic going in opposite directions.

Traffic Fatalities Continue to Spike Due to Distracted Driving

Forbes reported that in 2020, despite the decrease in traffic on the road due to the COVID-19 pandemic, traffic death rates are the highest they have been in 13 years. Compared to 2019, there was a 29% increase in lives lost due to automobile crashes.

Georgia is no exception. According to WTOC 11, there has been an increase in fatal car crashes by 13% in just one year. Seventy percent of fatalities in vehicle accidents are caused by unsafe driving behaviors, and one of the deadliest unsafe behaviors is distracted driving.

Distractions Take Focus Away from the Road

For years, experts have been hopeful that advances in technology would lead to a reduction in the fatal accidents on America’s roadways. Innovations like automatic emergency braking systems and lane departure warnings have made an impact on accident rates as well as the severity of collisions.

However, new technology can be both a blessing and a curse when it comes to driver safety. Between the prevalence of smartphones and in-dash infotainment systems, distracted driving is having a more significant impact on collision rates. A 2018 study from the Insurance Institute of Highway Safety (IIHS) suggests that fatalities attributed to phone-based distracted driving have increased in recent years.

Mobile phones may be the most obvious cause of distracted driving, but other actions like eating, grooming, smoking and even disciplining children can cause drivers’ attention to turn away from the roadway.

According to the Centers for Disease Control and Prevention (CDC), there are three main types of distractions that drivers fall prey to:
  1. Visual distractions. These are distractions that take your eyes off the road, like looking at a cell phone or turning to talk to someone in the back seat.
  2. Manual distractions. Any distractions that cause you to take your hands off the steering wheel are manual distractions.
  3. Cognitive distractions. These are distractions that cause you to take your mind off of driving. For instance, although hands-free technology for talking on a cell phone is a safer option, conversing can still cause you to be cognitively distracted. Avoid talking on the phone while driving unless it is truly necessary. 
Stay Focused When You Drive

Because driving is a day-to-day activity, we sometimes take for granted that we will stay safe on the road. Driving is a life-or-death activity that demands our full attention. We should all do our best to avoid visual, manual and cognitive distractions.

Remember the risk that comes with things like using your phone, eating, using your navigation system or interacting with other passengers as you drive – and choose to refrain from those activities until after you are done driving.

Never text, search the Internet or use apps while on your phone while you are driving. These phone-based activities are visual, manual and cognitive distractions all rolled into one dangerous behavior. As the CDC website points out, “Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph.” Thinking about a driver not paying attention to the road for that long is a scary thought!

If the risk of physical injury is not enough to dissuade someone from distracted driving, some states have laws prohibiting the use of cell phones. For example, in Georgia, it is illegal to hold your phone while driving thanks to the Hands-Free Law.

If You’ve Been in an Accident, Contact Williams Elleby Howard & Easter Today

We all have a duty to stay focused on the road and drive with care every time we get behind the wheel. If you’ve been injured in an accident caused by a distracted driver, you are entitled to compensation for your injuries. The experienced auto accident attorneys at Williams Elleby Howard & Easter work tirelessly to get justice for personal injury victims throughout Georgia.

Joel Williams or Chase Elleby can investigate the facts of your case, help you understand your legal rights and options and vigorously pursue justice for you in pre-suit negotiations or court. If you think you have a claim, contact our Georgia personal injury attorneys to schedule your free consultation today at 833-LEGALGA (833-534-2542).

Williams Elleby Howard & Easter – Best Local Attorney for Fourth Year in a Row

Two adult males conversing with a 2021 readers choice award label between the two of them.

For the fourth consecutive year, Around Acworth magazine has honored Williams Elleby Howard & Easter with a Reader’s Choice Award for Best Attorney.

“We’re excited, proud and humbled to receive an Around Acworth 2021 Readers’ Choice Award,” said Joel Williams, founder and partner at Williams Elleby Howard & Easter. “This award marks four years of recognition for our commitment to serving local Acworth clients. After the challenging year we have all faced, we are thankful to our clients for trusting us to handle their personal injury cases.”

The winners of the Around Acworth Readers’ Choice Awards are nominated in their respective categories and voted on by the community. This award celebrates entrepreneurial spirit and keeps readers’ focus on supporting local businesses. 

“It is a privilege to fight for justice for our clients, especially during some of the most difficult times of their lives,” said Chase Elleby, partner at Williams Elleby Howard & Easter. “I’m proud of the accomplishments our team has achieved on behalf of our fellow Georgians over the past year, and we appreciate the opportunity to serve those in vulnerable positions following a personal injury.” 

Attorneys Joel Williams and Chase Elleby are based in Kennesaw but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. For more information about the firm, visit www.gatrialattorney.com or follow the firm on Youtube, Facebook, Instagram, LinkedIn and Twitter.

30 Secrets to Know After a Car Wreck

A white car crashing into a black pickup truck behind the title, "30 secrets to know after a car wreck."

The time following a car wreck can be scary and confusing. Unfortunately, insurance companies and their lawyers often take advantage of victims during this time of pain and suffering. A bit of insider knowledge can go a long way, which is why our team has gathered 30 secrets you should know after a car wreck that will help you maximize your recovery and ensure you are treated fairly throughout the entire process of filing your case.

Secret 1:

Do NOT Accept Premature Offers from Insurance Companies 

Soon after a car wreck, insurance companies may contact you and agree to pay your medical bills up to a certain amount. They may even add additional compensation for “pain and suffering.” In most cases, we advise you to never accept this amount. Oftentimes, this offer is made too early and before you truly know the extent of your injuries. Do not sign anything or take any settlement offers until you have contacted an experienced attorney and understand the full amount of your bills.

Secret 2:

Be Careful What You Say at the Scene and to your Medical Providers

At the scene of the accident, it is important to be careful with what you say and how you say it. Your words can be used against you at trial as an admission of fault by you. While at the scene, carefully listen to what the other parties involved say and make note, especially if the other parties involved admit fault to you or the police officers.

Additionally, when speaking with your medical providers and the emergency personnel on the scene, be mindful about what you say. If you are hurt, tell them! It is important to be honest with your medical providers and make it very clear about your injuries, so they take note of it in your medical records. These medical records are important and will be admissible at trial.

Secret 3:

Insurance Companies Hire Investigators to Follow You After an Accident

Whether it’s to the gym or a walk in the park, even the most innocent actions can be used against you. Investigators are hired to take photos and videos of you as evidence for the insurance companies. They will also search your social media accounts, so be careful about what you post about online as well. 

Secret 4:

Take Photos and Videos After Your Car Wreck

Almost everyone has a cell phone on them at the time of an accident. Use your phone as a tool and make sure to take plenty of photos and videos of the damage to the vehicles, the roadway scene and your injuries. Additionally, take videos that include audio to record conversations. Audio and video recordings can help you win your case, especially if anyone says something that would be incriminating or shows that they are at fault. 

Secret 5:

Gather Witness Contact Information

If you are physically able at the time of the accident, gather any contact information from witnesses that observed the accident or stopped to help. At the very least collect their names and phone numbers. Independent witness statements and testimonies can make or break your case. Make sure you share this information with your attorney. These witnesses can help dispute any excuses made by the at fault party and help you win your case.

Secret 6:

Insurance Companies Will Not Pay You If You Do Not Properly Document Your Bodily Injuries

It is important to know how to properly document your injuries after an accident. Make sure to take pictures of any bruising, broken bones or anything out of place. If you are injured, go to the emergency room or an urgent care right away. After your initial medical treatment, follow up with your primary care physician or any specialists that are specific to your injury. Seeking medical treatment is important for your health and so your medical providers can accurately document the nature and extent of your injuries in the medical record. 

Secret 7:

If You Do Not Notify Your Car Insurance Company After a Car Wreck, They Will Deny Coverage

This is extremely important, especially if you were the at fault driver. Additionally, if you were hit by an uninsured/underinsured driver, the insurance company must be notified within a certain number of days to get the coverage according to your automobile policy. However, it is critical that you contact your attorney before contacting your insurance company. While you may have a few days to find an attorney, you need to reach out as soon as possible to guarantee the insurance company will agree to pay your claim.

Secret 8:

You Don’t Need to Overpay for Legal Representation

Most car accident attorneys work under a contingency fee basis and get paid a percentage of the gross recovery for you. Do not be tricked into paying 45-50% for a simple car wreck case! A good attorney will handle your lawsuit for a third of the gross recovery, if it settles without filing a lawsuit. If a lawsuit is filed, it may cost you more due to the increase in work and time involved. But, make sure to do your research before hiring an attorney: call around, ask around and find the best attorney for you.

Secret 9:

Use Health Insurance to Pay Your Medical Bills After a Wreck

In the state of Georgia, there is the “Collateral Source Rule” meaning the at-fault driver is not allowed to benefit from your foresight in obtaining medical coverage. Of course, not everyone has health insurance, but if you contact your attorney, they will be able to put you in contact with a medical provider who may treat you on a lien.

Secret 10:

You Do Not Have to Give a Recorded Statement to the At-Fault Driver’s Insurance Company

While you may need to give a recorded statement to your insurance company under your insurance contract, you are not required to give a recorded statement to the at-fault driver’s insurer. These adjustors may call you and ask what happened and try to record the conversation. You do not have be polite and agree to speak with them without hiring an attorney first. They will likely ask questions designed to hurt your case and their job is pay you as little money as possible, so be wary of answering any of their questions.

Secret 11:

Online Directories Rank Lawyers Based on How Much Money the Lawyer Pays the Directory

While online directories can be useful, it is important to do your own research. Usually, the lawyers paying the most money to be added to the directory are ranked the highest on the lists. It is better to browse through the lawyers’ websites, take advantage of their free consultations, and interview 2-3 law firms to make sure you find the right lawyer with the right experience for your case. Trust your gut and take the power into your own hands!

Secret 12:

Your Claim is Worth Less with Inconsistent Medical Treatment

If you are not consistent with your medical treatment, you will devalue your case. Insurance companies will often offer you less compensation if you wait too long to go to the doctor or if you do not consistently attend all of your appointments. Insurance companies are searching for these gaps in your treatment in order to offer you less money. If your case goes to trial in Georgia, a judge will inform a jury that you have a duty to mitigate your damages. So, it is important to go to the doctor and seek the necessary treatment.

Secret 13:

You Can Afford Medical Treatment Even If You Don’t Have Health Insurance

Many chiropractors, orthopedic doctors and neurologists are willing to treat you on a lien if you do not have access to health insurance. This means, in exchange for your agreement to pay them out of any settlement or recovery you get from the insurance companies, they will refrain from sending you any bills until you receive a recovery. It is important to go ahead and get the necessary medical treatment.

Secret 14:

Paying a Citation is Evidence of Fault in a Civil Case

If you are issued a citation after a car wreck and you pay it, in the state of Georgia that action will be used against you as evidence in any underlying civil case. While you should always take responsibility for any personal wrongdoing, you need to be aware that paying a citation is considered a guilty plea. Oftentimes, you have options other than paying the citation – how you proceed can affect any underlying civil claims. 

Secret 15:

Social Media Can Kill Your Case

Facebook, Instagram, Twitter and even TikTok can influence the outcome of your case. Be careful what pictures you post and never post any information about your accident or your injuries. Even innocent things like a picture holding your small child or participating in a physical activity can be used against you and have an effect on your case. Additionally, make sure you are not tagged in any photos from friends or family members. However, if you have already posted something, please do not delete it. This could be considered destroying evidence.

Secret 16:

Some Lawyers Charge Interest on Expenses They Advance in Your Case

As previously discussed, many attorneys are paid on a contingency fee basis. Attorneys advance expenses and costs that are necessary in order to maximize your ultimate recovery. Some law firms charge interest on these expenses. 

As you search for the right lawyer for your case, ask ahead of time if you will be expected to pay interest on these advances. This could affect your net overall recovery and is important to understand ahead of time. At Williams Elleby Howard & Easter, we do not charge interest on these expenses for our clients. We simply charge dollar for dollar for the expenses we incur. 

Secret 17:

Medical Records Are Cheaper if You Order Them Yourself

While your lawyer and his/her paralegal can order your medical records on your behalf, it is often more expensive for you. The medical facilities will charge the law firm more than they will charge an individual. If you work with your law firm to order the medical records yourself, you will often save money in the long run. 

Secret 18:

You Have the Right to Fire a Bad Attorney

If you are dissatisfied with your lawyer’s service, call and sit down with your attorney and express your concerns. Oftentimes clients are able to work through issues and resolve any miscommunication or concerns. However, if you are still not satisfied with the efforts of your attorney, you have the right to fire them. Be aware: you may have to pay any expenses they have advanced on your behalf and additional fees.

Secret 19:

Some Lawyers May Try to Settle Your Case Without Your Express Permission

This may sound unbelievable, but it is true! It is the lawyer’s job to use their experience and research to advise you on a reasonable settlement amount for your case. However, the decision to settle should be left up to you. When you are hiring a lawyer, make sure you are on the same page that you will make all final decisions about actual settlements and numbers for your case. 

Secret 20:

Go Over the Complaint or Lawsuit with Your Lawyer Prior to Filing

It is important to understand the content of your complaint because you may be cross examined about the allegations in your lawsuit later at a deposition or trial. In complaints there may be a lot of legal jargon and allegations, but they also include basic facts that you need to be familiar with. Your lawyer should assist you with understanding and verifying the information included in the complaint prior to filing. 

Secret 21:

How You Respond to Interrogatory Questions Can Make or Break Your Case

Interrogatories are formal written questions that you must answer in writing under oath as part of the general discovery process. It is important to work with your lawyers to make sure your answers are true and accurate because you can be questioned about them later. If your testimony is inconsistent with your answers to interrogatory questions, your case may suffer. These questions may discuss anything from preexisting conditions to how the wreck happened, so make sure you take the time to answer these questions accurately.

Secret 22:

Calling the Court to Complain is a Bad Idea

While you may disagree with the ruling in your case, it is best to call your attorney and let them properly handle addressing any issues while following the appropriate rules and procedures. Your attorney should be intimately familiar with these rules, so let him or her handle the situation.

Secret 23:

If You Lie, You Will Get Caught

Many people are tempted to be dishonest about the details of their accident. Whether they lie about texting while driving or withhold information about preexisting conditions, the truth always comes out. Don’t let yourself be embarrassed when you are cross examined. Choose to be honest and your case will ultimately be better for it.

Secret 24:

Extensive Deposition Preparation with Your Lawyer is Vital to Winning Your Case

A deposition is an out of court testimony where lawyers and a court reporter is present for you to answer a series of questions under oath. Unlike a trial, there are no jury members or a judge present. Preparing for you deposition with your lawyer is one of the most important things you can do to help win you case. Depositions allow other lawyers to ask you a wider variety of questions than what they are allowed to ask while you are on the witness stand at trial. It is important to sit down with your lawyer beforehand to discuss potential questions to make sure you are prepared. 

Secret 25:

You Can Attend All Depositions that Occur in Your Case

We believe it is important for clients to consider attending all the depositions in their case. It will help you understand the full picture and hear what others are saying about the facts and critical issues in your case. Additionally, it is our opinion that if your lawyer knows you will be watching and listening during depositions, they will be even more motivated to prepare and perform at their best. 

Secret 26:

You Have All the Power at Mediation

Mediation is a formal settlement conference where a neutral third party (mediator) helps the two parties try and reach a formal settlement agreement. During these meetings, don’t forget that you have all the power! You have the ability to accept or reject any settlement offer that is made. While decisions should always be informed by the advice and guidance of your attorney, ultimately it is your decision to settle your case.

Secret 27:

A Defective Product, Not the At Fault Driver, May Be the Cause of Your Injuries

While the at-fault driver may have caused the wreck, your injuries may have been caused by a defective part or product within the vehicle itself. Sometimes seatbelts, airbags and tires fail because of negligence during the design or manufacturing process. If you are in a wreck and the injuries seem much worse than they should be, contact a products liability attorney, like Williams Elleby Howard & Easter, to find out if a defective product caused your injuries.

Secret 28:

You Have to File the Lawsuit Where the Defendant Resides

To have proper venue, you must file your lawsuit in the county where the at-fault driver resides. If you and the at-fault driver live in different states and your case is worth more than $75,000, your case will end up in federal court because that is where jurisdiction is proper. This is important to understand before filing your car accident case.

Secret 29:

Your Medical Providers are the Most Important Witnesses to Prove Your Damages

If you have to go to trial, your doctors, nurses and therapists will be the ones to prove your injuries with the most credibility. While you can testify about your own injuries, these medical professionals carry more credibility because they do not have a stake in the litigation. This gives you even more reason to follow your doctor’s orders and to be kind to them during your treatment because you will likely need them later at trial.

Secret 30:

You Won’t Pay Taxes on Most Personal Injury Recoveries

As of April 2021, you do not have to pay taxes on money that you receive for personal physical injuries, medical bills or pain and suffering. While there are certain types of damages you may have to pay taxes on (i.e. interest, punitive damages, lost wages, etc.), your lawyer should structure your case so you do not have to pay taxes for bodily injuries.

We hope these secrets help you proceed with confidence after an accident. Do not let yourself become a victim of insurance companies after a car wreck. If you or a loved one has been injured in a car accident in Georgia, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our experienced car accident attorneys. We are committed to fighting for our clients and protecting them from the manipulation of insurance companies after an injury.

Hiring a Personal Injury Attorney: A Roadmap to the Legal Process

An infographic of a roadmap with 10 different steps to a good client experience.

The time following an accident that results in injury or death can be scary, isolating, traumatic and overwhelming. If the injury or death was caused by someone else’s negligence, you may consider getting legal help, which is why it’s important to know what to expect when hiring a personal injury attorney. 

The client experience from injury through settlement or trial can be compared to a road with a standard mile markers and a few turns along the way. Though each case is unique, our team has developed a roadmap that outlines the typical steps a client can expect to take when seeking justice after a personal injury. 

If You’re Injured Due to Negligence, Time is of the Essence

Research, Reach Out, Consult

After you have been injured due to someone else’s negligence, always seek medical treatment first. Then, it’s important to consider taking legal action relatively quickly as you begin to receive medical treatment. 

Start by researching attorneys and their specializations online. Look for personal injury attorneys local to your area, and read reviews and testimonials from former clients. If you are in the hospital or unable to research on your own, a loved one can help compile a list of potential attorneys and contact them on your behalf. 

Trustworthy personal injury attorneys should offer a free consultation for new clients. Once you’ve narrowed down your list of lawyers, schedule a free consultation with a few of them – either in person or virtually. You can ask questions and get to know the attorney and his or her firm. Read our Q&A for tips on which questions to ask your potential attorney, and hire the person or team who you feel will keep your best interests in mind.

Attorneys Will Get to Work While You Recover

After making your decision to hire a personal injury attorney, he or she will begin gathering evidence from the accident. During this time, you may still be receiving medical treatment and working through the extent of your injuries.

Remember to keep documentation of your medical records and bills after your injury. As your attorney gathers evidence, medical records and bills become a key factor for the value of your case.   

Next, a demand letter will be sent before a lawsuit is filed. This is a written demand to the at-fault driver or their insurance company. Georgia law requires the plaintiff to give the other side 30 days to consider the offer in the demand letter.

Forks in the Road: Settling, Lawsuits and Trial

The Timeline of a Personal Injury Lawsuit

After the insurance company or at fault driver receives the demand letter, a plaintiff can initiate the lawsuit by filing a document known as the complaint. The complaint lays out your allegations in broad terms. It identifies each defendant and the damage claims you have against them. Once the defendants are formally notified of the claim, they have a set amount of time to file a formal response. This response must address each aspect of your claim and either admit or deny its accuracy.

This leads to the question, “will we settle?”

  • If the answer is yes, disbursement of funds will take place
  • If the answer is no, a lawsuit is initiated

Remember to carefully consider whether to settle. Your attorney can help you navigate this decision.

Phases of a Personal Injury Lawsuit

Discovery

If you do not settle, a lawsuit will be initiated. The discovery process will take place first, which allows both sides to sift through and evaluate the evidence in the case.

Mediation

Next, mediation will occur. The plaintiff and defendant will attempt to settle the case without going to trial by way of mediation. Mediation is a form of alternative dispute resolution where a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and can give the parties full control of the outcome. It requires both parties to compromise.

Settlement

From mediation will come another crossroads – to settle, or go to trial. If an agreement is reached during mediation, a disbursement of funds will take place. If neither party can agree to a compromise to settle the case, it will move forward to the trial phase. 

Trial

Most personal injury cases do not go to trial, but in the case of an unfair settlement offer, taking a case to trial is often your best chance of obtaining the compensation you deserve.

During the trial, both sides will have a say in picking the jury. Each side will also put on evidence, including any witnesses who can help establish liability or prove the amount of damages. In the end, the judge or jury will make the determination on whether you will obtain a judgment.

Trustworthy Personal Injury Attorneys in Georgia

Though the legal process can seem daunting, trustworthy personal injury attorneys like those at Williams Elleby Howard & Easter are committed to transparency and service to each client. You don’t have to face a lawsuit alone – we’ll help you get the compensation you deserve. To learn more, call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation.

An infographic of a roadmap with 10 different steps to a good client experience.