Pre-suit Settlement Demands in Georgia Automobile Wreck Cases

pre-suit settlement demands Georgia

Pre-suit settlement demands are effective tools for resolving Georgia automobile wreck cases. If an Georgia car accident victim has  a legitimate claim for compensation, the next step is usually not heading straight to court to file a lawsuit. Rather, it usually makes sense for the victim’s attorney to send the other party a pre-suit settlement demand. Pre-suit settlements are common when the facts of a case are cut-and-dry. Even when there are some disagreements, a pre-suit settlement can be useful to jump start negotiations.

The primary rule governing a pre-suit settlement demand in Georgia is found in Official Code of Georgia Title 9 Article 11 Section 67.1 (O.C.G.A. § 9-11-67.1). This statute lays out specific requirements that must be met in order for a pre-suit settlement offer to be valid. By making a valid pre-suit settlement offer, a claimant will force the at-fault driver’s insurer to evaluate the merits of the case. If an insurer turns down a reasonable settlement offer, it could be considered bad faith. However, if an offer does not comply with the requirements of O.C.G.A. § 9-11-67.1, the defendant’s insurance company will not face penalties for turning down the offer.

The law only applies to demands made by an attorney, or made with the assistance of an attorney. Demands made by a personal injury victim that has not hired an attorney do not need to follow these rules. However, in almost no circumstances should a personal injury victim make a settlement demand without first discussing their case with a personal injury attorney. If you have been in an accident and are contemplating making a settlement demand, contact Williams Elleby Howard & Easter, to discuss your case today by calling 833-LEGALGA.

THE REQUIREMENTS OF O.C.G.A. § 9-11-67.1

Subsection (a) of O.C.G.A. § 9-11-67.1 defines the basic requirements that a settlement offer must include. It states:

“Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:

(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer;

(2) Amount of monetary payment;

(3) The party or parties the claimant or claimants will release if such offer is accepted;

(4) The type of release, if any, the claimant or claimants will provide to each releasee; and

(5) The claims to be released.”

Subsection (b) of the law holds that recipients of settlement offers may make a binding acceptance in writing. Subsection (c) of the law additionally states that “Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to the parties.” The Georgia Supreme Court recently analyzed this subsection and determined that pre-suit settlement offers in motor vehicle accident cases can include terms that go beyond simply stipulating the dollar amount and a date that the offer must be accepted.

What this means is that O.C.G.A. § 9-11-67.1 should be understood as creating only the minimum requirements for a valid pre-suit settlement. Personal injury victims should remember that they have the freedom to include additional conditions in pre-suit settlement offers if they are so inclined. One constraint to this freedom is found in Subsection (g), which states that if a party may not demand payment “less than ten days after the written acceptance of the offer to settle.”

FOR MORE INFORMATION, CONTACT OUR GEORGIA CAR ACCIDENT ATTORNEYS

Following an accident, personal injury victims should speak with an attorney to understand the value of their case. The facts of a case dictate whether a claim is likely to succeed. The identity of potential defendants, the amount of insurance coverage, and the extent of the injuries factor into how much a claim is worth. All of these are important factors that should be considered before making a pre-suit settlement offer.

It typically takes several months to properly investigate and prepare a case to the point where a pre-suit settlement offer is appropriate. Under applicable Georgia Statutes of Limitations for tort claims, most auto accident claims must be made within two years from the date of the accident. Therefore, it is important for accident victims to talk to an experienced local personal injury attorney as soon as possible to begin the process of building their case.

If you or a loved one has been injured in an auto accident, the Williams Elleby Howard & Easter team is here to help. Our attorneys represent clients throughout the State of Georgia and offer free case evaluations. For more information or to discuss your case, contact Williams Elleby Howard & Easter today by calling 833-LEGALGA (833-534-2542).

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 Court of Appeals Recently Discusses the “Family Purpose Doctrine” in Car Accident Case

family purpose doctrine accident

A recent case decided by the Georgia Court of Appeals, Anderson v. Lewis, has helped to further define the application of Georgia’s family purpose doctrine. This case involved a Georgia auto accident. The driver that caused the accident was driving his grandfather’s vehicle at the time. The plaintiff, Teena Anderson, named both the grandson and the vehicle owner, the grandfather, as defendants. Anderson claimed that the latter should be liable according to the family purpose doctrine. 

The Family Purpose Doctrine 

Typically, a person is not liable for the negligence of someone else. But sometimes, as a matter of fairness, it is necessary to look beyond the person directly responsible to see if other parties should be obligated to compensate the victim. This is called vicarious liability. The most common application of vicarious liability occurs when employers are sued for the negligence of their employees. However, vicarious liability can also apply to family members. 

Under Georgia’s family purpose doctrine, “when an owner of a vehicle maintains the vehicle for the use and convenience of his family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.”  Therefore, when a family member causes an auto accident while driving the family car in service of the family, for instance by getting groceries or giving a family member a ride, the car owner may be liable. The legal basis for the family purpose doctrine comes from Georgia case law, as well as from Georgia’s vicarious liability statute, which states that “every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.” 

Application of the Doctrine in Anderson 

It was clear that the family purpose doctrine applied in Anderson. The grandson was found to be using the vehicle for a family purpose when the accident occurred. However, the plaintiff was unable to serve the grandson with notice of the lawsuit, and without service of process a party cannot be sued. The claim against the grandson was therefore dismissed. 

After that, the grandfather argued that since the driver was no longer a defendant, the claim against him should also be dismissed. He argued that vicarious liability can only apply when the party that directly caused the accident is found to have been negligent. If the party accused of causing the accident is found not to have been negligent, then there can be no vicarious liability. Georgia law is clear that if there is “a judgment on the merits in favor of the servant” then there cannot be vicarious liability against the master. The trial court agreed with the grandfather’s argument and dismissed Anderson’s claim. Anderson appealed. 

The Appeal Court’s Opinion 

The Court of Appeals of Georgia overturned the trial court decision. Although the claim against the grandson was dismissed, it did not constitute a “judgment on the merits.” There was never any judicial determination that the grandson wasn’t negligent. Therefore, even though the grandson was no longer a party to the lawsuit, the Court of Appeals held that Anderson could still continue on with her lawsuit against the grandfather. This case shows that the family purpose doctrine can apply against a defendant even if the family member directly responsible is not a defendant in the lawsuit. 

Find the Best Georgia Car Accident Attorney for Your Case 

The State of Georgia has many attorneys that handle car accident claims.  Some are very good and others are not.  If you are considering hiring an attorney for your case, you should consider interviewing more than one firm before making your decision. 

If you schedule a free consultation with one of our experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, we can help you understand whether the family purpose doctrine may apply in your case. Victims of accidents caused by the negligence of someone else deserve to be compensated for their harm. 

Williams Elleby Howard & Easter, is a law firm dedicated to providing knowledgeable, accessible, and effective service to each of its personal injury clients. Our attorneys handle all types of personal injury claims throughout the State of Georgia, including auto accidents, workplace injuries, defective products, premises liability, and malpractice cases. We offer free consultations and accept cases on a contingency fee basis, meaning our clients don’t pay a dime in attorney fees unless and until we win their case. To schedule a case evaluation, call Williams Elleby Howard & Easter, today at 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 833-LEGALGA.

Why Is It Important To Hire A Local Attorney For Your Acworth Car Accident Case?

local attorney car accident case

There are a number of reasons that personal injury victims should hire a local attorney to help them prosecute their case. A local attorney will fully understand the law and procedures of the jurisdiction where the accident occurred and where the claim will be filed, will have local connections that can help the victim develop their case, and generally local attorneys are far more accessible to their clients.

The car accident attorneys of Williams Elleby Howard & Easter serve Acworth, GA and help personal injury victims, including those hurt in car accidents, get the compensation they deserve. If you’ve been injured in a car accident in Acworth, Georgia, contact the local law firm of Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

You Need an Attorney That Understands the Local Rules and Procedures

Many people, even many attorneys, underestimate how different the rules and procedures of various jurisdictions can be. Many courts have local rules that must be followed. Moreover, many courts have customs that may not even be written down anywhere. Common practices in some courtrooms could be cause for sanction in others. The traditional way of doing things before one judge might be considered a procedural error before another. Even the best attorney in the world will not know exactly how things are done in a particular courtroom until they’ve practiced there. The attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia law and have extensive experience practicing in Georgia courtrooms.

Local Connections Can Give Claimants a Big Advantage

You need an attorney that has good relationships with the local judges and court staff. If your attorney has a reputation for being professional and courteous, you can be sure that he or she will be treated with respect and courtesy in return. The attorneys at Williams Elleby Howard & Easter, have built an exemplary reputation as professional, ethical, and effective litigators in both federal and state courts throughout Georgia.
It also helps to be represented by a law firm that has connections to expert witnesses and consultants that can help you build your case. Williams Elleby Howard & Easter, has deep roots in Georgia and excellent relationships with local medical, occupational, forensic, and insurance professionals. Having these connections helps clients of the firm get the treatment, expertise, and evidence that they need to get the compensation they deserve.

A Local Attorney is More Accessible

Generally, attorneys that live and work near their clients are more accessible to them. All attorneys in Georgia have an ethical duty to have reasonable communication with clients, and out-of-state attorneys are governed by similar rules. But when an attorney is miles away, it isn’t easy for the attorney or the client to arrange face-to-face meetings.

The Acworth, GA Car Accident Attorneys at Williams Elleby Howard & Easter strives to maintain a close relationship with clients. Williams Elleby Howard & Easter, personal injury attorneys work hard to provide prompt communication and to do whatever they can to make sure their clients know they are being taken care of. As part of the Cobb County community, the car accident attorneys and staff at Williams Elleby Howard & Easter, care about their clients not only professionally but also as neighbors.

Call Williams Elleby Howard & Easter, to Handle Your Acworth Car Accident Case.

If you have been in a car accident in Acworth, Georgia, Williams Elleby Howard & Easter, is here to help. You can find us just off I-75 between Wade Green and Chastain Road exits at 3900 Frey Road, Suite 104, Kennesaw, Ga 30144. Our attorneys offer free case evaluations in which we can help you understand your legal rights and options. We can investigate the facts of your case and break down the law for you so that you can make an educated decision about what to do. If you have a viable claim, we can help you collect and preserve the evidence you will need, negotiate with the opposing party or insurance company, and work to develop your legal arguments. When necessary, the attorneys at Williams Elleby Howard & Easter, aggressively represent their clients’ interests at trial.

Williams Elleby Howard & Easter, accepts cases on a contingency fee basis. This means our clients don’t pay a dime in attorney’s fees unless and until they have won their case. If you would like to discuss your case, call us today to schedule your free consultation at 833-LEGALGA and let us get to work for you.

Atlanta Driver Killed After Tire Flies Off Truck

freak accident kills Atlanta driver

A driver was killed in metro Atlanta on October 19th, 2017, in what has been described as a freak accident. According to AJC.com, Sandy Springs Police Sergeant Sam Worsham stated, “A truck traveling north on Ga 400 at Pitts Road lost a wheel and tire . . . The wheel went over the wall and struck a vehicle south on Ga. 400.”

The victim was a 40-year old Alpharetta woman. The owner of the truck expressed remorse for what happened and could not offer any explanation. He told a reporter “I was on the way to my job . . . “I’m not drunk. I’m not driving fast. It was like a normal (day) trying to get to my job.” The accident created a massive back-up on both sides of the highway.

A Seemingly Preventable Tragedy

Shortly after the accident, it was reported that “investigators determined the wheel came off of the truck due to a mechanical failure.” If true, this would indicate that the accident was entirely preventable. While it is still too early to know exactly what went wrong, the “mechanical failure” could have been due to a mistake by a mechanic that worked on the truck.

Another possibility is that there was some defect with the tire, wheel, or truck, in which case the tire manufacturer, wheel manufacturer, or truck manufacturer may bear some responsibility. It also could be that the driver caused or should have been aware of the problem before the tire flew off.

And it is also entirely possible that this wreck was caused by poor maintenance. Williams Elleby Howard & Easter currently represents a nice lady who was injured due to a tire falling off a tractor-trailer. In that case, poor maintenance led to the crash.

Determining fault in car accidents is important not only because doing so holds wrongful parties accountable, but also because it ensures that victims of an accident are able to get the compensation that they deserve. This is why it is so important that auto accidents are thoroughly and carefully investigated. Williams Elleby Howard & Easter, believes that every accident victim deserves to know the truth.

Williams Elleby Howard & Easter, Helps Accident Victims Get Justice

Whenever tragedies occur, it is important to figure out what happened and make sure that victims and their families are properly taken care of. Williams Elleby Howard & Easter, is dedicated to thoroughly investigating the cause of accidents and vigorously representing victims when they bring personal injury or wrongful death claims. Helping personal injury victims get the compensation they deserve is our top concern.

If you or a loved one has suffered a personal injury and you think it could have been due to the wrongful conduct of someone else, it is imperative that you are aware of your legal rights and options. Williams Elleby Howard & Easter, serves clients throughout the State of Georgia, including Acworth and Kennesaw,  offers free consultations, and only accepts a fee from a personal injury client when they win their case. To discuss your case, contact Williams Elleby Howard & Easter, by calling 833-LEGALGA today.

Children Struck By Vehicle in Hahira

children accident hit struck vehicle

Two children were reportedly hit by a pick-up truck while walking to school in Hahira, Georgia, on the morning of October 19, 2017. The children, a brother and a sister, ages 12 and 11, respectively, were transported by a Life Flight helicopter to South Georgia Medical Center in Valdosta. The sister was then airlifted to a hospital in Tallahassee with serious injuries. The accident is still being investigated, but the Georgia State Patrol has indicated that speed was not a factor and no criminal charges are expected in the case.

Pedestrian Accidents in Georgia

Pedestrians and vehicle drivers each have a duty to act with reasonable care. When either pedestrians or drivers violate a Georgia Rule of the Road, they are presumed to have breached this duty. Driver negligence is a common cause of pedestrian accidents, and includes things like:

• Speeding;
• Texting or engaging in other distracting activities while driving;
• Failing to yield when a pedestrian is using a crosswalk;
• Running a stop light or stop sign;
• Failing to use a turn signal; and
• DWI/DUI.

However, accidents are frequently caused by pedestrian negligence as well. Pedestrians should be aware of the Georgia traffic rules governing pedestrians. Parents and guardians should make sure children understand these rules before letting them walk along roadways.

Many people erroneously believe that pedestrians always have the right of way. But in most scenarios pedestrians only have the right of way when they are using a crosswalk. When pedestrians cross a roadway at any other place, they normally have a duty to yield to vehicles. There are a few exceptions to this rule that involve situations where no crosswalk is available. This does not, of course, mean that a driver has no duty to avoid hitting a pedestrian that crosses a road at a point other than a crosswalk, but it does mean that if an accident occurs the pedestrian will be presumed negligent.

Another important provision is found in §40-6-91(b) of the Official Code of Georgia. This law states that “no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.” Pedestrians should also generally avoid walking along a roadway when there is a sidewalk provided, and should not walk upon a roadway when they are intoxicated.

If You or a Loved One Has Been Injured in a Pedestrian Accident, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Pedestrian accidents can cause devastating harm. If you or a loved one has been injured due the negligence of someone else, it is imperative that you are aware of your legal rights and options. Victims of personal injuries caused by someone else’s wrongful conduct deserve compensation. These cases can be complicated, and winning claims often requires qualified legal assistance.

The experienced Kennesaw Car Accident Attorneys at Williams Elleby Howard & Easter, understand pedestrian accident law and are dedicated to getting accident victims the compensation they deserve. When insurance companies do not treat pedestrians fairly, our attorneys are ready and able to take the case to trial just as we did earlier this year in Newton County where we secured a $366,000.00 verdict for our client:

Car Accident Attorneys Kennesaw, GA

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. To discuss your case, call 833-LEGALGA today.

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.

Why You Should See a Doctor After Suffering a Personal Injury

doctor personal injury attorney

If you have suffered a personal injury, it is important that you seek and document medical care as soon as possible. For many types of injuries, the harm done is not immediately apparent. There could be serious damage done, but symptoms may not yet be present. If you wait too long to see a doctor following an accident, your chances of recovery could be reduced or even eliminated. Moreover, medical evidence is crucial in all types of personal injury claims. If you have suffered a personal injury, see a doctor right away, and contact Williams Elleby Howard & Easter, to discuss your case.

Protect Your Health

This is the most immediate and important reason to seek medical care. Some injuries are not painful or do not create symptoms until days or even weeks later. Therefore, even if you feel fine, if you have been in an accident or suffered any type of trauma, it is important to see a doctor to get an assessment.

Establish and Preserve Crucial Evidence

Plaintiffs must prove that the defendant’s actions caused their harm. It is difficult for plaintiffs to succeed in a personal injury claim if they failed to seek medical care soon after the injury occurred. In these cases, defendants often argue that the plaintiff’s harm was actually caused by something else. An injured person needs medical documentation that proves or strongly indicates that the defendant’s actions caused the harm, otherwise winning a personal injury case is unlikely.

In Georgia, a Plaintiff cannot recover unless he or she can prove that the Defendant’s actions caused a new injury or exacerbated a pre-existing injury or condition. This is referred to as the rule of proximate causation. At trial, the judge will normally instruct the jury as follows:
Proximate cause means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the sole proximate cause of an occurrence, then no act or omission of any party could have been a proximate cause.

Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 60.200.

No plaintiff may recover for injuries or disabilities that are not connected with the act or omissions of the defendant in this case. There can be no recovery for a particular plaintiff for any injury or disability that was not proximately caused by the incident in question. If you find that, at the time of the incident, the plaintiff had any physical condition, ailment, or disease that was becoming apparent or was dormant, and if you should find that the plaintiff received an injury as a result of the negligence of the defendant and that the injury resulted in any aggravation of a condition already pending, then the plaintiff could recover damages for aggravation of the preexisting condition.

Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 66.504.

In their most basic sense, these rules require the Plaintiff to prove that the act of the Defendant caused the Plaintiff’s injuries. The Defendant has a greater chance of convincing the jury that the injuries claimed were caused by something other than the Defendant’s negligent act if the Plaintiff waits an extended amount of time to seek medical attention.

Don’t Worry About the Money

Sometimes personal injury victims avoid going to see a doctor because they are worried about the cost of medical care. This is never a good idea. Even if you do not have insurance or any way to immediately pay, your health is too important to forsake.

In cases where an injury victim has a viable personal injury claim, many doctors and healthcare providers will provide care in exchange for a medical lien. A medical lien gives a doctor or other healthcare provider an interest in any personal injury settlement or award that eventually comes from the personal injury claim. Thus, the healthcare provider is paid only after the case is over.

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

It is imperative for those harmed by the wrongful actions of another to protect their rights. Victims of harm deserve to be compensated when they are harmed due to the negligence of another person. Anyone that brings a personal injury claim should have qualified and experienced legal counsel on their side. The experienced legal team at Williams Elleby Howard & Easter, is dedicated to holding tortfeasors accountable and helping injury victims and their family members get justice.

If you or a loved one has suffered a personal injury due to the wrongful actions of someone else, seek medical attention right away and contact the experienced legal team at Williams Elleby Howard & Easter, to discuss your case. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout Georgia. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free consultation today.

One Dead After 8-Car Accident on I-16 in Twiggs County

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Early on the morning of September 2, 2017, an 8-car accident claimed the life of one person on the eastbound lane of I-16 near exit 18. The Twiggs County Sheriff’s Office reported that six other victims were sent to the hospital. The interstate was shut down for several hours following the crash.

Because driving an automobile is something most of us do every day, it is easy to forget just how dangerous an activity it is. According to the Georgia Governor’s Office of Highway Safety, there are more than 115,000 injuries due to auto accidents each year on Georgia roadways. It is important to remember how dangerous driving can be and remain alert and focused behind the wheel.

As Sergeant Bert Clifton of the Georgia State Patrol stated following the September 2 crash on I-16: “Wear your seat belt, slow down, don’t be distracted, don’t be texting and driving, and give plenty of time to get to where you’re going. Nothing’s worth getting into a crash and not making it to your destination.”

Common Causes of Accidents in Georgia

• Speeding. Traffic can be frustrating, but it is important to be patient when you are driving. Defensive driving is one of the most important thing drivers can do to avoid car accidents. Most of us occasionally go slightly over the speed limit from time to time, but speeding is a terrible habit. Not only does speeding raise the chances of an accident occurring, but if you are speeding it can create a presumption that you were at fault if an accident does occur.

• Fatigued driving. Everyone knows that driving while intoxicated poses a huge risk, but many fail to also understand that driving while fatigued can be dangerous as well. The National Highway Traffic Safety Administration estimates that tens of thousands of accidents are caused by drowsy driving each year.

• Distracted driving. Always stay focused. When people use their cell phones to text, check email, or go online while driving they put themselves and everyone else on the road at risk. Moreover, texting or reading messages from the Internet on a phone while driving is against the law in Georgia.

For More Information, Contact Williams Elleby Howard & Easter

Even when you do everything right, accidents can still happen because of another person’s negligence. Driving is an inherently dangerous activity. If you or a loved one has been injured in an auto accident, it is imperative that you are aware of your legal rights and options. A qualified and experienced auto accident attorney can help you get the compensation you deserve.

The experienced personal injury legal team at Williams Elleby Howard & Easter, is dedicated to helping injury victims and their family members get justice. The Joel Williams car accident legal team has deep knowledge of Georgia auto accident law, Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. Don’t hesitate to call today to discuss your case and schedule a complimentary case assessment. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule your consultation today.