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.

Can a Car Accident Cause Scoliosis?

An older male doctor examining a male patient holding one hand on his neck and the other on his back.


Yes, in certain circumstances, the intense physical trauma from a car accident can cause or significantly worsen scoliosis. While most people associate scoliosis with genetics or growth spurts during teenage years, a severe impact can injure the spine’s structural components, sometimes leading to a new, abnormal curvature known as traumatic scoliosis, something often evaluated with the help of a car accident lawyer.

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Key Takeaways about Car Accidents and Scoliosis 

  • A severe car accident can cause a specific type of spinal curvature known as traumatic or de novo scoliosis.
  • This condition is distinct from idiopathic scoliosis, which is the more common form that appears without a known cause, usually in adolescents.
  • Trauma from a collision may also aggravate a pre-existing, mild, or undiagnosed case of scoliosis, causing it to become painful and more severe.
  • Diagnosing and linking scoliosis to an accident requires comprehensive medical evidence, including diagnostic imaging like X-rays, CT scans, and MRIs.
  • Proving causation involves demonstrating that the spinal injury and resulting curvature were a direct result of the accident’s impact.
  • Treatment for traumatic scoliosis varies based on severity and can range from physical therapy and bracing to complex surgical procedures.

Understanding Scoliosis: More Than Just a Curved Spine

When doctors talk about scoliosis, they’re referring to an abnormal sideways curve in the spine. Imagine your spine is supposed to be a straight line from your neck down to your tailbone. With scoliosis, that line curves to the side, sometimes in a “C” or “S” shape. This isn’t just a matter of poor posture; it’s a structural change to the bones of your spine, called vertebrae.

While many people have heard of scoliosis, they may not realize it can develop for different reasons. Understanding the type of scoliosis is crucial, as it often points to the underlying cause.

  • Idiopathic Scoliosis: This is the most common type, making up about 80% of cases. “Idiopathic” is a medical term that simply means the cause is unknown. It typically appears in children and teenagers during their growth spurts.
  • Congenital Scoliosis: This form is present at birth and is caused when the vertebrae don’t form correctly while a baby is developing.
  • Neuromuscular Scoliosis: This type results from another medical condition that affects the nerves and muscles supporting the spine, such as cerebral palsy or muscular dystrophy.
  • Traumatic Scoliosis: This is the type directly relevant to a car accident. It occurs when a significant injury or trauma damages the spine, leading to a new curvature.

Knowing which type you or a loved one has is a critical piece of the puzzle, especially when an injury from a car accident is involved. It helps doctors create the right treatment plan and is essential for understanding the full impact of an accident on your long-term health.

The Link Between a Car Crash and Traumatic Scoliosis

White vehicle with significant front-end damage after a crash

So, how can the violent, jarring motion of a car accident actually change the shape of your spine? The answer lies in the immense force involved in a collision. Even with seatbelts and airbags, your body can be subjected to extreme stress, and the spine is particularly vulnerable. A high-speed crash on a busy road like I-75 near Kennesaw can transfer a massive amount of energy through your body.

This trauma can lead to scoliosis in a couple of key ways. First is through a direct, severe injury to the spinal column itself. This is often called de novo scoliosis, which means a “new” curvature developing in a spine that was previously straight.

Several types of injuries from a car accident can trigger this condition:

  1. Vertebral Fractures: If one or more of the bones in your spine breaks or collapses from the impact, it can disrupt the spine’s alignment. When these bones heal improperly, they can create a wedge-like shape that causes the spine to curve.
  2. Ligament Damage: The vertebrae are connected by strong bands of tissue called ligaments. A violent crash can stretch or tear these ligaments, making the spine unstable and allowing it to shift out of alignment over time.
  3. Disc Injuries: The soft, cushion-like discs between your vertebrae can be damaged or displaced in an accident. This can lead to uneven pressure on the spine, contributing to a gradual curvature.

The second way an accident can relate to scoliosis is by aggravating a pre-existing condition. Many people have a very mild, asymptomatic (meaning it causes no symptoms) spinal curve that they are completely unaware of. The trauma from a car accident can worsen this minor curve, making it more severe and, for the first time, painful. In these situations, the accident is the event that transforms a harmless condition into a serious medical problem.

What Are the Signs of Scoliosis After a Car Accident?

After an accident, your focus is understandably on healing and dealing with insurance companies. Because of this, the signs of a developing spinal issue can sometimes be missed or mistaken for general soreness from the crash. However, there are specific symptoms you should watch for in the days, weeks, or even months following an accident.

It’s important to pay close attention to your body and seek a medical evaluation if you notice any of the following:

  • Changes in Your Appearance: You might notice that your shoulders, waist, or hips look uneven. One shoulder blade might stick out more than the other, or you may seem to be leaning to one side.
  • Back Pain and Stiffness: While some back pain is common after a wreck, persistent, localized pain that doesn’t go away, or muscle spasms that keep happening, could be a sign of a deeper structural problem.
  • Nerve-Related Symptoms: If the spinal curve starts to press on nerves, you might experience numbness, weakness, or a tingling “pins-and-needles” sensation in your legs or feet.
  • Changes in How Clothes Fit: A developing curve can cause shirts to hang unevenly or pants to seem longer on one side. This can be a subtle but important clue.

Remember, these symptoms might not appear overnight. The body can take time to react to trauma, and a spinal curvature may develop gradually. That’s why it’s so important to get a full medical check-up after any significant accident and to follow up with your doctor if new or worsening symptoms arise. 

Proving Your Scoliosis Was Caused by the Accident

If you’ve been diagnosed with scoliosis after a car accident, one of the biggest challenges you may face is proving the connection between the two. This is a critical step if you need to seek compensation to cover your medical bills and other losses. Insurance companies may argue that the condition was pre-existing and unrelated to the crash to avoid paying for your care.

Establishing causation—a legal term for the link between an action (the other driver’s negligence) and the harm it caused (your injury)—requires strong and clear evidence. A personal injury attorney can help gather and present the necessary proof to build a solid case.

Here is the kind of evidence that is often essential:

  • Comprehensive Medical Records: This is the foundation of your claim. Medical records from before the accident that show no signs of scoliosis are incredibly powerful. Post-accident records, including the initial emergency room visit and all follow-up appointments, document the timeline of your symptoms and diagnosis.
  • Advanced Diagnostic Imaging: Your doctor will likely order imaging tests to get a clear look at your spine. X-rays, CT scans, and MRIs can reveal fractures, disc damage, and the precise angle of the spinal curve, providing visual proof of the injury.
  • Expert Medical Opinions: The opinion of a medical specialist, like an orthopedic surgeon or a neurologist, is often crucial. These experts can review your medical records and the details of the accident to provide a professional opinion stating that the trauma was, more likely than not, the cause of your scoliosis or the reason it worsened.
  • Accident Details: Information from the police report, photos of the vehicle damage, and witness statements can help illustrate the severity of the crash, reinforcing the fact that the forces involved were strong enough to cause a significant spinal injury.

In Georgia, there is a time limit for filing a personal injury claim, known as the statute of limitations. Generally, you have two years from the date of the injury to file a lawsuit. Because of this deadline, it’s vital to act promptly to protect your right to seek compensation.

What Kind of Compensation Can Be Pursued for Traumatic Scoliosis?

Doctor pointing to an X-ray of the spine during an evaluation for possible scoliosis.

A traumatic scoliosis diagnosis can change your life in profound ways. It may require extensive medical treatment, force you to take time off work, and affect your ability to enjoy daily activities. When someone else’s negligence causes such a serious injury, the law allows you to seek compensation for the accident, legally known as damages, for the harm you have suffered.

The goal of a personal injury claim is to make you “whole” again, at least financially. While no amount of money can undo the pain and stress, it can provide the resources you need to heal and move forward. Compensation is typically broken down into two main categories.

  1. Economic Damages: These are the tangible financial losses that can be calculated and proven with bills, receipts, and pay stubs. They include things like all of your past and future medical expenses (doctor visits, surgery, physical therapy, medication, and any necessary medical equipment), lost wages from being unable to work, and loss of future earning capacity if the injury prevents you from returning to your previous job.
  2. Non-Economic Damages: These damages are for the intangible, personal losses that don’t have a specific price tag but are just as real. This includes compensation for your physical pain and suffering, emotional distress and anxiety, and loss of enjoyment of life. For instance, if your injury prevents you from hiking at Kennesaw Mountain National Battlefield Park or playing with your children, that is a significant loss that deserves to be recognized.

Every case is different, and the amount of compensation depends on many factors, including the severity of your scoliosis, the extent of your medical treatment, and the overall impact the injury has had on your life. An experienced attorney can help you calculate the full scope of your damages to ensure you are pursuing a fair recovery, and can also explain the average cost of a car accident lawyer so you understand what to expect.

Car Accident Scoliosis FAQs

After receiving a diagnosis like this, it’s natural to have a lot of questions. Here are answers to some common concerns people have when dealing with scoliosis after a car accident.

Traumatic scoliosis can develop over time. While a direct fracture might cause an immediate change in alignment, scoliosis resulting from ligament instability or disc damage may appear weeks or even months after the initial accident. This is why ongoing medical monitoring is so important.

If a child or teenager is in a car accident, it is crucial to monitor them for signs of scoliosis. Because their spines are still growing, they can be particularly vulnerable to developing post-traumatic deformities. Seek a pediatric orthopedic specialist for an evaluation and follow their recommended treatment plan closely.

It is common for insurance adjusters to be skeptical of traumatic scoliosis claims and argue that the condition was pre-existing. They will likely scrutinize your medical history to find any prior mention of back problems. This is why having strong medical evidence and legal representation is vital to countering their arguments.

We’re Here to Help You Find Your Footing

Facing a life-altering injury like traumatic scoliosis after a car accident is a heavy burden to carry alone. A personal injury claim can help you gain control and secure the resources you and your family need to move forward.

At Williams Elleby Howard & Easter, we treat our clients like family. We listen with compassion and fight with determination. If you or a loved one has been diagnosed with a spinal injury after a car accident, we invite you to reach out. Let us answer your questions and help you understand your options in a free, no-obligation consultation. Contact us today at (404) 383-5203 or through our online form and let our family help yours.

 
A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Car Accident Attorney in Kennesaw
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Is Property Damage Included in a Personal Injury Lawsuit? 

personal injury lawsuit property damage

In almost all auto accident cases, the victim has both a personal injury and a property damage claim. Under Georgia law, these are two distinct claims. A plaintiff can claim both personal injury and property damages in a single lawsuit, but the court will consider them individually rather than as one claim. 

Generally, auto accident victims will pursue personal injury and property damages separately. The biggest reason for this is that a property damage claim is much easier to resolve. It is not unusual for a settlement to be reached within a few days or weeks of an accident for a property damage claim. In the vast majority of cases, the property damage claim is resolved much quicker than the personal injury claim. 

Can Property Damage Be Included as Part of My Settlement? 

Although property claims are distinct from personal injury claims, your property damage can be considered as part of an overall settlement agreement. After all, a settlement is a private agreement between two parties and can generally include whatever terms the parties agree to. If a plaintiff has a personal injury and a property claim, it is possible to settle both in one agreement. 

Types of Damage Recoverable in a Property Damage Claim 

Property damage lawsuits are designed to compensate victims for vehicle damage, any other property damage that occurred as a result of an accident, and any costs associated with the vehicle damage. Common types of damages include: 

  • The cost of repairing or replacing the vehicle; 
  • The cost of repairing or replacing personal items that were inside the vehicle and were damaged as a result of the accident; 
  • Towing expenses if the vehicle had to be towed after the accident; 
  • Rental car expenses if the victim needed to rent a car following the accident; and 
  • The cost of repairing any other property damage that occurred as a result of the accident. 

The Statute of Limitations for Personal Injury and Property Damage Claims 

Civil lawsuits must be filed within a certain period of time under something referred to as statutes of limitations. Each state in the United States has different statute of limitations laws that establishes how long a tort victim has to bring a claim. In Georgia, personal injury and property damage claims are governed by different limitations periods. Under the Official Code of Georgia Title 9 Chapter 3 Section, auto accident victims must file a personal injury lawsuit within two years of the date of an accident and must file property damage claims within four years. 

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

The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize compensation for personal injury victims in Georgia. Although our focus is on personal injury law, we will seek compensation for property damage as well when our clients also have property damage claims. 

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia in both state and federal courts. Williams Elleby Howard & Easter, is dedicated to providing thorough, accessible, and effective service to each personal injury client it serves. If you would like to learn more or would like to schedule a free case evaluation, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

What Does “Total Loss” Mean Following an Accident

total loss car accident

After a serious auto accident, figuring out how to deal with a heavily damaged vehicle is not always a simple matter. In some cases, a car may be so damaged that it is not possible or feasible to have it repaired. When a vehicle is considered a “total loss,” an insurance company will not typically pay to repair it. Instead, the insurance company will pay the owner for the value of the vehicle, or in some cases, replace the vehicle with a comparable one. 

Dealing with insurance companies can be frustrating and stressful, especially if you do not understand the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help accident victims who have suffered a personal injury with all aspects of their auto accident claims. If you would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA. 

Total Loss Insurance Claims in Georgia 

A vehicle is considered “totaled” if the cost of repairs is greater than the value that the vehicle would have after repairs. However, many insurance companies consider not only whether a vehicle is totaled, but also whether it is a “total loss.” Generally, a vehicle is considered a total loss if the cost of repairs plus the salvage value of the vehicle is greater than the value the vehicle would have after repairs. This is commonly referred to as the total loss formula. 

Cost of Repairs > Value of Repaired Vehicle = Totaled 

Cost of Repairs + Salvage Value > Value of Repaired Vehicle = Total Loss 

Some states also have laws that create a total loss threshold, which dictate when an insurance company may consider a vehicle a total loss. Most states that have laws like these hold that an insurance company may only consider a vehicle a total loss if the cost of repairs is 75-80% of the value of the repaired vehicle. However, Georgia does not have statutory or regulatory total loss threshold. Insurance companies are free to make this determination on their own based their own total loss thresholds or the total loss formula. Therefore, whether a vehicle is considered a total loss following an accident depends not just on the extent of the damage, but also on the insurance company. 

Total loss vehicle claims are governed by the Title 120 Chapter 2 Section 52.06 of the Official Code of Georgia. Under this law, “if the insurer determines the insured vehicle to be a total loss, and the insurance policy provides for the adjustment and settlement of first party vehicle claims on the basis of actual cash value or replacement, the insurer may elect to pay a cash equivalent settlement or replace the insured vehicle.” 

What Do I Do if the Insurance Company Says My Vehicle is a Total Loss 

If you have been in an accident and your insurance company has declared that your vehicle is a total loss, you should be prepared for the fact that you will only receive the fair market value of the vehicle. Georgia states that the fair market value is whatever it would cost “to purchase a comparable automobile by the same manufacturer, same model year, with similar body style, similar options and mileage, including all applicable taxes, license fees and other fees incident to the transfer of ownership of a comparable automobile.” By law, insurance companies are able to come up with this cost by simply finding comparable vehicles in the area that are for sale, or by consulting with the Kelley Blue Book (or a similar accepted source) valuation for a vehicle. 

Insurance companies also have the option of providing an insured with a comparable replacement vehicle. The law states that “the insurer may elect to replace the insured vehicle, including all applicable taxes, license fees, and other fees necessary to transfer ownership.” However, an insured is under no obligation to accept an offered replacement vehicle. If a replacement vehicle is rejected, the insured gets the cash value. 

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

Williams Elleby Howard & Easter, is dedicated to helping accident victims get the compensation they deserve. The personal injury attorneys at Williams Elleby Howard & Easter, understand how stressful motor vehicle accidents can be for victims and their families. That is why they work hard to provide thorough, compassionate, and effective service to each of their clients. If you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

Georgia’s “Move Over” Law: What You Need to Know

Georgia move over law

Most of us know that when a police car, fire truck, or ambulance is traveling down the road with sirens blaring, the law requires us to slow down, yield the right of way, and move over to the shoulder of the road if possible. Upon the approach of an authorized emergency vehicle or police vehicle that is making use of its siren, all other drivers must:

Yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer.

However, fewer people understand that they are also required to leave plenty of room when passing by police or emergency vehicles that are parked on the side of the road. This duty is defined by Georgia’s “Move Over” law, which is found in Title 40 Chapter 6 Section 16 of the Official Code of Georgia. A recent report by Atlanta news station CBS 46 found that many drivers were completely unaware that this law even existed. Below is the essential information about Georgia’s Move Over law that every Georgia driver should know.

WHAT THE MOVE OVER LAW SAYS

Georgia’s Move Over law states that when a driver approaches a stationary police, emergency, accident recovery, or Department of Transportation vehicle that is displaying flashing lights, the driver shall approach “with due caution” and unless otherwise directed by a peace officer:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change would be impossible, illegal, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

Therefore, the first course of action should always be to change lanes. If this can be accomplished safely, a driver need not necessarily slow down as long as they are otherwise driving safely. If changing lanes isn’t possible or would be illegal or unsafe, a driver must slow down to below the posted speed limit.

CONSEQUENCES FOR VIOLATING THE MOVE OVER LAW

The Move Over law is intended to keep roadside emergency crew and law enforcement personnel safe from passing motorists. Accidents, especially those that cause fatalities, are the most serious consequences. According to the Governor’s Office of Highway Safety (GOHS), before the law was passed in 2003, “Georgia road crews, traffic enforcement officers, and other first responders endured needless years of roadside deaths and injuries due to careless errors made by distracted drivers as they sped by police making traffic stops and emergency crews working roadside jobsites.” Although the law has made things much safer, the GOHS has stated that violations are “still far too common.”

The Move Over law authorizes a penalty of up to $500 for violators. However, if an accident occurs, the legal consequences of violating the Move Over law can be much more serious. Additional charges, such as reckless driving, are common in these types of cases, and of course charges could be much more serious if a police officer or emergency crew member is struck. Moreover, in the event that there is a civil lawsuit for damages, a driver violating the law may be presumed negligent. This is referred to as negligence per se, and when this doctrine applies it is much easier for a plaintiff to win a claim against a defendant.

FOR MORE INFORMATION, CONTACT WILLIAMS ELLEBY HOWARD & EASTER, TODAY

Staying safe should always be the number one priority when getting behind the wheel. To this end, all Georgia drivers have a duty to operate their vehicles with reasonable care, which includes adhering to Georgia’s rules of the road. Everyone has a duty to operate their vehicles with reasonable care, but many people make unsafe mistakes simply because they don’t know what their duty is in a given situation. This is why knowing the law is essential to driver safety. When accidents do occur, it is also imperative for all parties involved to be aware of their legal rights and options.

The Kennesaw personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia traffic accident laws. They provide thorough, accessible, and effective service to each of their clients, with the goal of maximizing compensation in each case. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency-fee basis. If you would like more information, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 404-389-1035.

Concussion Related Injuries

concussion injury attorney accident

A concussion is a type of serious traumatic brain injury (TBI) caused when someone suffers a blow to the head. Repeated head traumas can worsen a TBI significantly. According to the CDC, millions of people are hospitalized each year with TBI, and around 150 people die in the United States every day due to TBI related injuries. This means that TBIs accounts for about a third of all injury deaths in the United States.

Auto accidents, falls, physical assaults, and sports-related head trauma are some of the most common causes of concussions. In many instances, concussions occur that were entirely preventable. When anyone in Georgia suffers a TBI because of another person’s negligence or other wrongful conduct, the victim is entitled to compensation for their harm.

If you or a loved one has suffered a concussion or similar injury due to the negligent or otherwise wrongful conduct of someone else, it is important that you be aware of your legal rights and options. Concussions and other brain injuries can have a severe and lasting impact on a person’s life. Williams Elleby Howard & Easter, is dedicated to getting brain injury victims the compensation they deserve. If you would like to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Compensation for Concussion Related Injuries

Georgia law categorizes damages into two categories: special damages and general damages. Special damages compensate a person for their economic loss, such as their medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Both special and general damages are available to concussion victims in tort cases. However, unlike most other types of injuries, the harm a concussion victim suffers is often not readily apparent to others. Concussions can cause short and long-term psychological and emotional problems that other people can’t see. TBIs can cause memory problems, trouble focusing, anxiety, mood changes, and trouble sleeping. These issues can also have lasting effects on a person’s family and community.

In order to get compensation for this type of harm, victims need detailed and thorough medical evidence and testimony from expert witnesses explaining to the court the extent of the harm. In some cases, testimony from friends, family, and colleagues can be useful as well. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and know what evidence is required. If you have suffered a TBI and you have a viable claim against the responsible party, they can help you gather the evidence you need and build your legal case.Ultimately, Williams Elleby Howard & Easter, is dedicated to helping each of their clients get justice and maximize their compensation.

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

Personal injury cases can be complex. This is especially true when the plaintiff has a TBI. If you have suffered a TBI, you need qualified and experienced legal counsel on your side. Call Williams Elleby Howard & Easter, to schedule your free consultation today at 833-LEGALGA today.

Brain Injury Claims

A close-up of someone's chest wearing a white coat and white surgical gloves with a stethoscope around their neck, holding a black chalkboard with the words TRAUMATIC BRAIN INJURY written on it.

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

What Does “Total Loss” Mean?

total loss vehicle accident

What Does “Total Loss” Mean?

If you were involved in a car accident, the insurance company might tell you that your vehicle is a “total loss.” This designation sometimes occurs even when it may not seem like the car is completely undrivable. Technically speaking, whether you can drive the vehicle may not have any connection to whether your vehicle is considered a “total loss” or not.

When the insurance company designates your vehicle as “totaled” or a total loss, it can be devastating because the insurance company will not pay for the vehicle repairs. However, they may also not pay for the full amount of what you need to replace your car.

What Constitutes a “Total Loss” in Georgia?

Insurance companies use the designation of “total loss” when the damage to the vehicle would cost more to repair than what the car is worth. These costs are most often associated with older vehicles, but even newer cars involved in serious accidents can be considered “totaled” as well.

Whether a vehicle is a “total loss” will vary depending on the insurance company. If it is not practical to repair the vehicle, even if the repairs would be less than the value of the vehicle, then the car may still be a total loss. Some companies have a standard percentage that they use, which is usually around 75 percent. That is, when the repairs would cost more than 75 percent of the value of the vehicle, then they would consider the car totaled.

What Happens After a Total Loss?

When your vehicle is considered a total loss, you usually have two options. First, your insurance company may provide you with the actual cash value of your vehicle before the accident. They will take your deductible out of this value, however. Second, the insurance company may take ownership of the vehicle, paying you for its value post-collision. You may also be able to repurchase it yourself as well.

These options are only available if you have a policy that covers total losses. Most liability coverages will address total loss, but it is important to review your insurance contract to fully understand your options.

Keep in mind that you still should continue to pay your insurance premiums even after your vehicle is considered a total loss. Moving quickly will allow you to avoid overpaying, however. Be sure to return the license plates as soon as you can after the accident.

Valuing a Vehicle After a Total Loss

Generally, your insurance company will work with a third party to value your vehicle for purposes of either purchasing it or repairing it. The insurance company will usually consider the following factors to evaluate the actual cash value of your car.

  • Retail value of a similar vehicle
  • Purchase price of your car
  • Any improvements you made
  • Prior unrelated damage

You can dispute the amount if you feel that it is not high enough. You should provide supporting documentation to assert that the actual cash value is greater than what the insurance company has provided. For example, if the third party assessing your vehicle did not consider your aftermarket upgrades, providing information about these updates may be helpful.

If you run into any disputes with your insurance company during this process, it may be beneficial to use the services of an experienced car accident attorney. Call our team at 833 – LEGALGA for more information.

Someone Borrowed My Car and Had an Accident—Now What?

A close-up of a wreck scene showing a teal car that has rear ended a gray SUV.

Someone Borrowed My Car and Had an Accident—Now What?

If you let others, whether it be a friend or loved one, borrow your car and they are involved in an accident, you can still be on the hook for liability. In most cases, car accident victims will include both the driver and the owner of the vehicle in their legal claim. These claims can become complicated, particularly when the person driving your car is considered the “at fault” driver.

From an insurance standpoint, it is usually the car owner’s insurance that will be the first line of defense. This may not seem like a fair result, but ultimately, you are responsible for your vehicle. That means that if you lend it out to someone else, your insurance will still be the first line of defense.

Dealing with Your Damages

If your friend or family member is the one that is at fault for the accident, your insurance will generally cover any damage to your vehicle and the driver’s injuries. You will still have to pay the deductible as required by your policy; however, this general rule only applies if you have collision coverage. Collision coverage is optional in Georgia, so you may not be able to use your own insurance for property damage.

In some situations, though, you may be able to assert a claim against the driver’s insurance if he or she was particularly irresponsible or careless. These claims can be tricky, however, and they do not apply in many situations. You may simply be out of luck for coverage regarding the property damage.

Injuries and Damages to Someone Else

Your insurance company will also be forced to pay for the other driver’s damages and injuries. This falls under your general liability coverage, which is required in the state of Georgia. If your insurance policy does not cover all of the damages because of your coverage limits, the person who was driving your vehicle may use their own insurance to cover the difference (secondary coverage). In this situation, liability insurance “follows the driver,” but the vehicle owner’s insurance limits must be exhausted before the driver’s insurance kicks in.

When you are driving someone else’s vehicle, your insurance will generally be the same as if you were driving your own car. This includes the limitations, exclusions, and other requirements. It also includes the medical portions of coverage and uninsured motorist coverage.

These general rules only apply when you allow someone to borrow your car. If, however, someone uses your car without your permission, the rules are sometimes different depending on your insurance policy language. Nonetheless, coverage may still apply even if you did not give the driver permission, but he or she lives in your household. Read your policy carefully to determine how far coverage extends.

Getting Help After an Accident

You should report all accidents to your insurance company as soon as possible. Your friend or relative should also report the accident, and the two insurance companies will often work out liability issues on their own. However, when the insurance companies cannot work out liability problems you may need the assistance of an attorney to protect your interest.  If you find yourself in this unfortunate situation, call the Kennesaw car accident attorneys at Williams Elleby Howard & Easter for a free consultation at 833-LEGALGA.