Category: Personal Injury

Understanding Traumatic Brain Injuries

Every year in the U.S., traumatic brain injury (TBI) contributes to significant numbers of deaths and permanent disabilities. Approximately 1.7 million new cases of TBI are sustained annually. Many are caused by falls and car accidents. Regardless of how the injury happened, the road to recovery is extremely difficult. Damages may include major medical expenses, loss of income, emotional difficulties, and more.
If you or a loved one has sustained a traumatic brain injury because of the negligence of another person, speak to a Georgia traumatic brain injury attorney like Attorney Joel Williams. They can help you understand how to best claim damages for the injury.

What Is Traumatic Brain Injury

Traumatic brain injuries are typically the result of a violent blow or other sudden trauma to the head or body. They may also be caused by an object penetrating the skull. While mild traumatic brain injury may lead to only to temporary dysfunction of the brain cells, more severe instances could lead to torn tissues, bruising, bleeding, or physical damage to the brain. Severe brain injuries can lead to long-term complications or death.

Symptoms of Traumatic Brain Injury

A majority of traumatic brain injuries are caused by falls, motor vehicle collisions, or violence, such as gunshot wounds and domestic violence. While symptoms of a traumatic brain injury often appear immediately after the trauma, it may take days or even weeks for any signs to manifest themselves. Signs of traumatic brain injury may be physical, sensory, or cognitive and include:

Loss of consciousness or being disoriented, confused, or dazed;
Problems sleeping or sleeping more than normal;
Headache;
Nausea or vomiting;
Dizziness or difficulty balancing;
Sensitivity to sound or light;
Sensory problems, including blurred vision, ears ringing, a bad taste in the mouth;
Sudden mood changes or mood swings;
Problems with memory or concentration; and
Depression or anxiousness.

If you or a loved one demonstrates any of these symptoms after a violent blow or trauma to the head, it is extremely important to seek medical attention.

Treatment Plans And Living With Traumatic Brain Injury

Treatment of traumatic brain injury depends on the severity of the injury. Mild cases of TBI should be monitored closely, but will typically heal on their own with rest and over-the-counter medication. Moderate and severe cases of TBI require immediate emergency medical attention. Treatment may involve surgery, medications, and extensive rehabilitation.
Recovery from more serious traumatic injuries includes individual treatment programs that will likely consist of physical and occupational therapy, physiatry (physical medicine), speech/language therapy, psychiatry, and social support. In many cases, the injured victim never fully heals. This is devastating for the victim and the family.

Need Legal Help?

If you or a loved one sustains a traumatic brain injury in a car accident, there is help available. The path to recovery is full of struggles and it’s one you should not have to make alone. Call Williams Elleby Howard & Easter to enlist the help of an attorney who will fight for justice on your behalf. We handle cases in Atlanta, Marietta, Cobb County, and all of Georgia. Contact us today to talk about the specifics of your case and get the compensation you deserve.

traumatic brain injury

Just Crashed The Car? What To Do Next

Just Crashed The Car? What To Do Next

Whether you’re on your way to work, running a quick errand, or going on a long road trip, getting in a car accident is probably not what you’re thinking about when you hop in your car. No matter how safely you drive, however, chances are at some point it will be you in a car accident. More than 116,000 people were reported injured in Georgia car accidents in 2013, according to the Office of Highway Safety.

In the immediate aftermath of an accident when the shock is at its greatest, people can make decisions that compromise their safety or legal rights. This is particularly true for accidents with injuries or fatalities. It is crucial that Georgia drivers know exactly what steps to take after an accident, regardless of the severity.

Prevent Further Accidents

It is against the law to leave the scene of the accident and your first step should always be to stop and pull over in a safe place, if possible. Many drivers have the misconception that they must leave the vehicles so they don’t disturb any evidence. Doing so, however, could further endanger any accident victims and increases the risk for secondary accidents. Once you’ve pulled over to safety, you can attend to any medical needs.

Get Medical Help For Any Injuries

In any accident you should always check if anyone involved was injured. If anyone requires immediate medical attention, provide assistance if possible. For serious injuries, alert an ambulance to the scene.

Report The Accident To The Authorities

Georgia law requires you to report a car accident to law enforcement if there were any injuries or fatalities, or if property damages were more than $500. Motorists are sometimes reluctant to report accidents they consider minor or because the other party offers a direct financial deal. While the idea might sound appealing, it can leave you without recourse if injuries are more serious than you thought of if the other driver is dishonest. You should also promptly inform your insurance provider of the accident to ensure you ability to claim damages later.

Swap Information and Gather Evidence

Before leaving the accident make sure you exchange information with any other motorists involved in the accident if you are physically able to do so. Do not discuss fault at the scene. Crucial information you should gather includes:

Driver’s license and vehicle identification numbers;
Address, phone number, and other pertinent contact information;
Their insurance information;

Not getting this information can severely limit your ability to either make an insurance claim or seek legal action. In addition to swapping information, you should also gather as much evidence as possible. Take photos of any damage, the entirety of the scene, debris in the roadway, and any signs of the accident. If there are witnesses around, ask for their information as well as a statement of what happened.

Get Legal Advice For Your Accident

Once you’ve taken all the appropriate steps after your accident, it’s a good idea to discuss your legal options with an attorney. If you’ve had a car accident in Marietta, Cobb County, or greater Georgia, enlist the help of Williams Elleby Howard & Easter. With years of experience helping victims of car accidents receive compensation for damages, we are ready to help you fight for the best settlement possible.

Aggravated Assault In Cobb County Shooting

Aggravated Assault In Cobb County Shooting

These days it seems like you can wake up every day to a new story of a tragic shooting. Recently, tragedy struck close to home in Cobb County where a gunman, in an aggravated assault, killed two men.

Shooting In Cobb County Apartment

The shooting took place on May 25 at the Cobblestone Apartment Homes in Cobb County, Georgia. Police responded to several reports of gunshots and arrived at the scene to find two young men, John Ogundipe and Alex White, suffering from gunshot wounds in a blue Honda outside the apartment building. One died at the scene and the other was pronounced dead after being transferred to a local hospital.
With the help of descriptions from witnesses, the police were able to find and arrest the gunman, 20-year-old Jeffery Smith-Hosty of Marietta, a few blocks away. Smith-Hosty was taken to the County Detention Center where he is being held on charges of felony murder, aggravated assault, and armed robbery.

Understanding Aggravated Assault

Finding the strength to deal with the legal implications of aggravated assault, especially in circumstances where the assault led to a death, can be difficult. However, there are legal repercussions that can help victims of aggravated assault receive compensation for their suffering.
In contrast to simple assault, which is simply attempting to cause physical injury to another person, aggravated assault is a far more serious crime. Georgia law §16-5-21 defines and specifies punishment for aggravated assault in the state. Any assault is classified as aggravated under the law if:

There was an intent to rob, rape, or murder;
The perpetrator used a deadly weapon or other object that could cause severe bodily injury or strangulation; or
A firearm was discharged from a vehicle.

Committing aggravated assault in Georgia is a considered a felony and has serious penalties that vary based on the nature of the crime. Prison terms are from one to twenty years, with a three year minimum if the assault involved a firearm being discharged from a vehicle, plus twenty years probation. In addition, the convicted person may be fined up to $100,000 and have to make some form of restitution to the victim.

Compensation Available To Victims of Aggravated Assault

Aggravated assault can lead to serious injuries and long-term emotional distress. The Georgia Crime Victims Bill of Rights gives victims the right to reimbursement from expenses which resulted from the crime, including medical treatment and counseling.

Filing A Lawsuit For Aggravated Assault?

While it is easy for most of us to agree that victims of aggravated assault deserve some form of compensation, it is often not the priority of busy local police departments. Pursuing legal matters in cases involving aggravated assault can get swept aside quickly for lack of clear and convincing evidence. If you or a loved one has been the victim of aggravated assault, it’s crucial that you speak to an experienced aggravated assault attorney who can help. For cases in Marietta, Cobb County, and greater Georgia, contact Williams Elleby Howard & Easter. With years of experience and a commitment to seeking justice, we’ll make sure you get the compensation you deserve.

Am I Liable for Boating Injuries?

Who is Liable for Boating Injuries? Personal Injury Case Attorney Georgia

The tragic passing of country music star and lead singer for the band Backroad Anthem, Craig Strickland, is a reminder of just how dangerous boating can be. http://www.eonline.com/news/751489/craig-strickland-s-cause-of-death-revealed-medical-examiner-says-country-singer-died-of-hypothermia Details concerning why Craig Strickland’s boat capsized are largely unknown but there are many things that all boaters should do to keep themselves and others safe while on the water.

DO NOT DRINK AND OPERATE A WATERCRAFT

The State of Georgia considers boaters who are under the influence of alcohol, toxic vapors, or drugs to be a direct and immediate threat to the welfare and safety of the general public. O.C.G.A. § 52-7-12(e). It is illegal to operate, navigate, steer, or drive any moving vessel while under the influence of alcohol, drugs, or glue, aerosol, or other toxic vapors. O.C.G.A. § 52-5-12(a)(1)-(3). The fact that you are legally entitled to use the drug is not a defense against any charge for boating under the influence. O.C.G.A. § 52-7-12(b). In Georgia, if your alcohol concentration is 0.08 or more grams within three hours of being in control of a moving vessel from alcohol consumed before operating the vessel, you are presumed to have committed a crime and this presumption is admissible in any civil or criminal proceeding against you. O.C.G.A. § 52-7-12(d). Evidence of the amount of alcohol or drug in a person’s blood, urine, breath, or other bodily substance is also admissible in any civil lawsuit or criminal action. O.C.G.A. § 52-7-12(c). Just recently, on May 21, 2016, a tragic boating accident on Lake Lanier forever changed the lives of two teenagers. One of the teenagers had his right foot completely amputated and the other has been charged with boating under the influence of alcohol, reckless operation of a vessel, having insufficient personal flotation devices and littering. It is suspected that alcohol was involved in this horrible incident. You can find more information online at the Forsyth County News website.

BOATING CRIMES

Irresponsible boaters can find themselves facing significant criminal and civil liability. For example, a jet ski operator who causes the death of another person by traveling more than idle speed within 100 feet of a shoreline adjacent to a residence is guilty of a felony and shall be imprisoned for not less than 3 years! O.C.G.A § 52-7-12.2(a). The same penalty applies to those who operate any vessel in a reckless manner in violation of O.C.G.A. § 52-7-12.1. One may be guilty of the felony “Serious Injury by Vessel” if he causes serious bodily harm to another by violating any of the following laws: O.C.G.A. §§ 52-7-8.2(j) (speed of personal watercraft), 52-7-12 (prohibited operations of vessels), 52-7-12.1 (reckless operation of vessel or other water device), 52-7-13(b) (boating safety zones), 52-7-14 (duty to render assistance), 52-7-25(c) (stopping for law enforcement). All boats and jet skis must be operated at speeds that are reasonable and prudent under the conditions and hazards existing at the time of operation. O.C.G.A. § 52-7-17(d). Vessels should never be occupied by more people than the manufacturer’s recommended capacity. O.C.G.A. § 52-7-17(b). Many other important tips for boating safety can be found at the following websites: http://www.uscgboating.org/ https://www.boat-ed.com/georgia/handbook/

IMPORTANT GEORGIA LAWS FOR JET SKI OPERATIONS

• No person under the age of 16 years may operate a jet ski in Georgia; provided, however, that a person 12 through 15 years of age may operate a jet ski if accompanied by an adult 18 years of age or older. O.C.G.A. § 52-7-8.2(l) • All persons operating a jet ski must wear a United State Coast Guard approved personal flotation device. O.C.G.A. § 52-7-8.2 (b) • No person shall operate a jet ski after sunset or before sunrise. O.C.G.A. § 52-7-8.2(d) • No person shall operate a jet ski faster than idle speed within 100 feet of any other anchored vessel, vessel adrift, dock, pier, bridge, person, public park, public beach, public swimming area, marina, etc. O.C.G.A. § 52-7-8.2(j)

HAVE YOU BEEN IN A BOATING ACCIDENT?

If you have been in a boating collision or accident, you have a duty to provide all practicable and necessary assistance to others to save them from or minimize any danger caused by the collision. You must also give your name, address, and identification of your vessel in writing to any person injured. O.C.G.A. § 52-7-14(a). It is a good idea to immediately notify your insurance company in order to ensure coverage if a lawsuit is brought against you. If you do not notify your liability insurance carrier, the insurance company may void coverage based on your failure to promptly notify them of the incident. If you are the victim that has been injured due to the negligence of a boater, you may have a valid claim. Williams Elleby Howard & Easter offers free consultations and can help you better understand your rights. Call today! 833-LEGALGA

Can I be held responsible for a wreck caused by my family member?

Georgia's Family Purpose Doctrine Personal Injury Case Attorney

The answer to this question often depends on whether Georgia’s Family Purpose Doctrine applies. Parents are not automatically liable for wrecks caused by their children. However, there are some situations where a parent can be liable for a wreck caused by his or her child. Under the family purpose doctrine, when an automobile owner maintains a vehicle for the use and convenience of his family, the owner is liable for the negligence of a member of the family having authority to drive the vehicle while it is being used for a family purpose. Gaither v. Sanders, 259 Ga. App. 810 (2003).

When do courts apply the family purpose doctrine?

Four requirements must be met for the owner to be liable under the family purpose doctrine:

1. The owner must have given permission to a family member to drive the vehicle;
2. The owner must have relinquished control of the vehicle to the family member;
3. The family member must be in the vehicle at the time of the wreck; and
4. The vehicle must be engaged in a family purpose.

If all of these requirements are met, “The doctrine is then applied to render the defendant vicariously liable if he had the right to exercise such authority and control that it may be concluded that an agency relationship existed between him and the family member with respect to the use of the vehicle. In other words, the four conditions prescribe when the test is to be applied, but the actual test is authority and control.” Murch v. Brown, 166 Ga. App. 538, 539 (1983).

The true test is authority and control.

Georgia courts use the authority and control element as the main factor in determining whether liability attaches under the family purpose doctrine. Georgia Automobile Insurance Law, § 47:4 (2013-2014 ed). For example, if a parent purchases a vehicle for their child, puts title to the vehicle in their child’s name, does not restrict the child’s use of the vehicle, and the child is responsible for fueling the vehicle and paying insurance premiums, the family purpose doctrine will probably not apply. However, if a child lives at home and the parents retain discretion to suspend the child’s driving privileges, the family purpose doctrine should apply. The doctrine applies even when a child disobeys the parent and allows a friend to drive (assuming the child remains in the car when his or her friend causes a wreck). See Phillips v. Dixon, 236 Ga. 271 (1976).

family members car wreck

Texting and Driving – Don’t Do It !

Texting and Driving is Deadly

We all know people who are constantly on their phones. But how many of us know someone who is addicted to their smart phone? For some, cell phone usage has gotten completely out of hand and they are actually seeking treatment for their cell phone addiction.

Consider all the things that we can do on our phones. There are apps for everything. We can check email, play games, listen to music, surf the internet, take photos, watch movies, and even download apps that will translate our speech into different languages. Chances are that you are reading this blog from your cell phone. So how has this cell phone addition endangered the lives of motorists?

Cell Phones, Cars, and Teens are a Dangerous Combination

By now we know that cell phone usage can leads to distracted driving resulting in serious personal injuries or death. But how bad is it? The Federal Communications Commission recently reported some alarming statistics:

Forty Percent of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger!
Text messaging creates a crash risk 23 times worse than driving while not distracted (Imagine what the statistics would be for someone surfing the web or playing a game)
Eleven percent of drivers aged 18 to 20 who were involved in an automobile accident and survived admitted that were sending or receiving a text when they crashed.

https://www.fcc.gov/guides/texting-while-driving

One popular website reports that texting while driving is about six times more likely to cause an accident than driving intoxicated! Texting while driving causes 1,600,000 accidents per year, 330,000 injuries per year, and results in an average of 11 teen deaths EVERY DAY!

Texting and Driving can Cost You Serious Money

Personal Injury Attorney Joel Williams routinely handles car wreck cases where individuals have been seriously injured in car wrecks caused by drivers who are distracted by their cell phones. If you think you are capable of safely texting and driving, think again. If you seriously injure someone while texting, you will likely be on the wrong end of a multi-million dollar lawsuit.

O.C.G.A. § 40-6-241.2 prohibits Georgia drivers from driving while “using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.”

Tractor-trailer drivers are not allowed to hold a cell phone while driving. O.C.G.A. § 40-6-241.2(b)(2).

How do We Solve the Problem of Texting and Driving?

First, we must set a good example. This starts at home. Our children watch everything we do. This includes how we drive. If your children see you texting and driving, they will do it too. Put down the phone and show your children that safe driving is a priority for you.

If you are worried that the temptation to check your cell phone is too great, there are numerous apps available that will block incoming texts and calls while you are driving. Do a little research on your mobile carrier’s website. It just might save your life.

If you don’t want to download an app, turn your cell phone to silent and put it somewhere out of reach. The trunk of your car is a great place.

Texting and Driving Lawsuits

Until our society begins to take this deadly conduct seriously, Attorney Joel Williams will continue to vigorously pursue civil lawsuits on behalf of his clients that have been the victim of distracted drivers. Remember texting and driving is just as dangerous, if not more dangerous, than drunk driving. Don’t do it. As the Georgia Department of Transportation says “DriveAlert ArriveAlive.”

cell phone addiction

Nathaniel Marston and Fatigued Driving

Fatigue Driving and Personal Injury Cases in Georgia

Nathaniel Marston and Fatigued Driving

CNN recently reported that former soap opera actor, Nathaniel Marston, died of injuries he sustained in a single car accident where he allegedly fell asleep at the wheel: https://www.cnn.com/2015/11/12/entertainment/nathaniel-marston-accident-obit-feat/index.html
Mr. Marston was only 40 years old at the time of his tragic passing. During his college years, Personal Injury Attorney Joel Williams, lost a dear friend after a fatigued driver ran off the road and killed his fraternity brother. Since that time, Attorney Joel Williams has dedicated a substantial portion of his practice to increasing public awareness of the dangers of fatigued driving. Discover a little more about Atlanta Injury Attorney Joel Williams’ practice here: https://gatrialattorney.com/auto-accidents/

Consider these alarming statistics reported by the National Sleep Foundation at

https://drowsydriving.org/about/facts-and-stats/:
• 168 million people say they have driven a vehicle while feeling drowsy in the past year and more than 103 million have actually fallen asleep at the wheel!
• NHTSA (National Highway Traffic Safety Administration) conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses.
• People who sleep six to seven hours a night are twice as likely to be involved in a crash as those sleeping 8 hours or more, while people sleeping less than 5 hours increased their risk four to five times.
• One study showed that being awake for 18 hours produced an impairment equal to a blood alcohol concentration (BAC) of .05, and .10 after 24 hours. In Georgia, .08 is considered legally drunk.
• Tractor-trailer and other commercial drivers with undiagnosed sleep disorders such as sleep apnea and acute insomnia are at an increased risk for crashes related to their lack of sleep.
• People tend to fall asleep more on high-speed, long, boring, rural highways. Those who live in urban areas, like Atlanta, Georgia, are more likely to doze off while driving compared to people in rural suburban areas.
• Nearly one-quarter of adults (23%) say they know someone personally who has crashed due to falling asleep at the wheel.

Fatigued driving compared to drunk driving:

If fatigued driving is as dangerous as drunk driving, why isn’t there more public education concerning this life threatening activity? Perhaps it is because there is no test to determine sleepiness as there is for drunk driving. Maybe it is because there is very little law enforcement training for identifying drowsiness as a contributing factor to automobile accidents.
Regardless of the reason, we should all understand that drowsy driving is as dangerous as driving after a few beers or driving while texting. This is especially true for tractor-trailer drivers. To its credit, the Federal Motor Carrier Administration regulates the maximum hours a tractor-trailer driver may drive.
For example, a tractor-trailer driver:
• May drive a maximum of 11 hours after 10 consecutive hours off duty;
• May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off duty does not extend the 14 hour period;
• May not drive after 60/70 hours on duty in 7/8 consecutive days
Drowsy driving is dangerous and deadly. It doesn’t matter whether the drowsy driver is driving a tractor-trailer or a passenger car, the risks posed to the driver and others are tremendous and potentially deadly.
If you or a loved one have been the victim of a crash caused by a drowsy or sleepy driver, call Personal Injury Attorney Joel Williams today. He offers free consultations and will help you understand your legal options.

Fatigued Driving Marston

Who Pays for Hit and Run

Car wrecks happen but it is especially tragic when the person who causes the wreck flees the scene. We have seen multiple examples of celebrities that are accused of fleeing the scene of an accident. A few examples include Lindsay Lohan, Amanda Bynes, Heather Locklear, Halle Berry, January Jones, and Brittany Spears.
Recently, David Cassidy was charged in a hit and run incident in Florida.

What happens in Georgia when a driver flees the scene of a wreck that causes personal injury or death?

O.C.G.A. § 40-6-270 is Georgia’s hit and run statute. It requires the driver of any vehicle to stop when they are involved in a wreck that causes injury or death to a person or damage to a vehicle driven by someone else. If the wreck causes serious injury or death to another person, failure of the driver to stop is a felony. If the wreck only results in property damages or a non-serious injury, the fleeing driver is guilty of a misdemeanor.

So how does this affect civil claims for personal injury?

In other words, who pays for the damages? It depends on whether the fleeing driver is found. If the fleeing driver is found, a civil claim can be made against the at-fault driver. Evidence of the hit and run is admissible in a civil action as proof that the hit and run driver caused the wreck. The jury may also consider this evidence in deciding whether punitive damages are appropriate because the failure to stop and render aid shows “conscious indifference to the consequences.” Langlois v. Wolford, 246 Ga. App. 209 (2000).
Regardless of whether the at-fault driver can be found, it is vitally important for the victim to notify his or her uninsured motorist carrier as soon as possible. Many uninsured motorist policies require the injured person to notify their insurance carrier 30 days of the hit and run wreck. If the uninsured motorist carrier is not notified of the hit and run wreck within the time limitations imposed by the insurance contract, the insurer will probably deny coverage. This notice provision is enforceable in Georgia. See Adams v. Doe, 182 Ga. App. 269 (1987).

The lesson here is simple:

Immediately notify your own automobile insurance company every time you are involved in a wreck. Timely notification is essential to preserve your ability to recover uninsured motorist benefits if the at-fault driver flees the scene of the wreck. If you are involved in a hit and run accident, don’t hesitate to contact Attorney Joel Williams at 833-LEGALGA.

hit and run

Top 10 Mistakes Attorneys Make in Car Wreck Cases

Top 10 Mistakes Attorneys Make in Car Wreck Cases

Many attorneys handle car wreck cases but too many do it poorly. If you are an attorney, please don’t make these mistakes. If you are a car wreck victim, make sure your attorney is not making any of these mistakes. The most common mistakes I see are:

1. Failing to Notify All UM Carriers About the Wreck:

In Georgia, car wreck victims must promptly notify their own insurance company about the wreck to preserve their right to bring an underinsured motorist claim. Many attorneys fail to do this which can lead to the denial of benefits to their clients.

2. Failing to Identify All Sources of Insurance:

Many attorneys fail to identify all sources of insurance that may cover their client’s damages. For example, UM coverage may be available if the injured party lives with a “resident relative” who has UM coverage under a separate policy of insurance. Many attorneys do not know about this and fail to access this coverage. In cases where the at-fault party does not have enough insurance to cover the damages, this can be a catastrophic error. All “umbrella” or “excess” coverage must also be identified. In serious injury cases, it is vitally important to verify whether the at-fault party has “umbrella” or “excess” coverage over and beyond what may be available on the primary policy.

3. Failing to Settle a Case Pursuant to a Limited Liability Release:

O.C.G.A. § 33-24-41.1 allows a claimant to release the at-fault party from personal liability in exchange for payment of his or her insurance limits, except to the extent there is other liability coverage or underinsured motorist coverage available. If the claimant signs a general release (as opposed to a limited liability release), the claim is finished and the claimant will not be able to recover from any other available liability coverage or from his or her own underinsured motorist carrier.

4. Failing to Visit the Scene of a Wreck:

Many attorneys blindly rely on the diagram that is included with most police reports to visualize the scene of a wreck. This is usually due to the attorney either being too lazy to visit the scene or being overworked. Scene visits can often reveal information about a wreck that is not obtainable from a police report. For example, lighting conditions and other variables that could obstruct a driver’s vision may not be recorded by the investigating police officer. Roadway evidence such as skid marks or gouges in the pavement may be found which can become critical evidence in cases where liability is disputed.

5. Failing to Send Evidence Preservation Letters:

In every case, the claimant’s attorney should send letters to any potentially liable party and their insurer demanding that all evidence be preserved for inspection. The attorney should then inspect and document all evidence that may otherwise be destroyed. For example, in car wreck cases, insurance companies routinely sell “totaled” cars for salvage after their adjusters have inspected and documented the vehicle damage. If the injured party, or their attorney, hasn’t been afforded the opportunity to inspect and document the vehicles, they will be forced to rely the insurance company’s inspection. Obviously, this is a bad idea and should be avoided at all cost.

6. Failing to Prepare the Case for Trial:

After a car or tractor-trailer wreck, the at-fault driver’s insurance company will immediately begin its investigation with one goal in mind: to minimize any payout to you. Insurance companies know which attorneys will take a case to trial and which attorneys will simply settle cases for whatever they can get. Attorneys that prepare cases for trial consistently obtain larger settlements for their clients than those who simply accept the insurance company’s “take it or leave it” settlement offer.

7. Settling Cases without Knowing the Full Extent of Damages:

Unfortunately, many attorneys settle cases before their clients are finished with their medical treatment. I have never understood this. Many times, car wreck victims must undergo several different kinds of conservative procedures like physical therapy or injections before they know whether they are a candidate for surgery. If the case is settled without accounting for the tremendous costs associated with a surgery, the injured client is left to pay the surgical bills on their own. Do not let your attorney settle your case until you have a firm grasp on your diagnosis, prognosis, and future treatment plan.

8. Failing to Gather All Data Available from Public Agencies:

Many times there is much more information and documentation available from public agencies than the police report. For example, in wrecks resulting in death or serious injury the Georgia State Patrol will often dispatch its Specialized Collision Reconstruction Team “SCRT” to thoroughly investigate and reconstruct the wreck. Other items such as 911 calls, dash cam videos, body cam videos, and CAD reports are available. Attorneys should always obtain every piece of publicly available information related to every car wreck case.

9. Failing to Interview Every Witness:

Some cases seem so clear cut that attorneys fail to interview all potential witnesses. Imagine a collision where the claimant is rear ended by another driver at a stop light. Seems pretty straight forward right? What if a witness spoke to the at-fault driver and smelled alcohol on his breath but the attorney never spoke to this witness? What if the at-fault driver got out of his car and told a witness that he was messing with his phone and didn’t see the car he hit? Make sure your attorney is contacting all witnesses! You can be sure the insurance companies will.

10. Failing to Identify any Defective Products:

Automobile manufacturers are routinely issuing recalls for defects in their automobiles. These dangerous automobiles may have defective seat belts, airbags, brakes, seatbacks, roofs, gas tanks, sudden acceleration, steering mechanisms and many other dangerous components. If these defects are not investigated or recognized in catastrophic personal injury cases, the automaker will not be held accountable for putting lives at risk. Make sure your attorney has looked into whether any defective vehicle component contributed to or exacerbated the injuries you sustained in any catastrophic car wreck case.

What is Uninsured Motorist Coverage?

Why Have Uninsured Motorist (UM) Insurance Coverage? Personal Injury Cases Georgia Attorney

What is Uninsured Motorist Coverage?

What is Uninsured Motorist Coverage? Uninsured motorist coverage is sometimes referred to as “insurance against lack of insurance.” For example, imagine you are injured in a wreck and your damages are $100,000. What if the at-fault driver only has $25,000 of liability coverage? What about the other $75,000? If you purchased enough uninsured motorist coverage from your automobile insurer, you can look to your own insurance company to make up the difference.

So how does this work in Georgia? For automobile insurance policies issued, delivered or renewed on or after January 1, 2009, the insurer must offer the insured “added on” or “reduced” underinsured motorist coverage. Georgia law does not require an owner of a vehicle to purchase uninsured motorist coverage but it does require the insurance company to offer the coverage. What is the difference in “added on” or “reduced” coverage?

“Added on” coverage provides coverage over and beyond the at-fault driver’s coverage. For example, suppose you are injured by a negligent driver who only has $25,000 of liability coverage. Further assume that you purchased “added on” uninsured motorist coverage with limits of $25,000 and your damages are $50,000? In this situation, there is enough available insurance to cover your damages! The at-fault driver’s insurance would pay the $25,000 of liability limits for the at-fault driver and your own insurance company would pay the remaining $25,000 for a total of $50,000.

What about “reduced” uninsured motorist coverage? Consider the same situation discussed in the preceding paragraph but assume you purchased “reduced” uninsured motorist coverage with limits of $25,000. Here, your UM coverage is worthless. Your insurance company, the uninsured motorist insurance company, would pay nothing because the amount of coverage available under your uninsured motorist policy would be reduced by the amount of coverage available from the at-fault driver’s liability policy. In other words, your $25,000 UM limits is reduced by the $25,000 available from the at-fault driver’s liability policy. Therefore, you would recover $25,000 from the at-fault party’s liability carrier and $0 from your insurance carrier.

The lesson here is simple: Always purchase “added on” uninsured motorist coverage.