Category: Personal Injury

Common Myths about Personal Injury Attorneys

Blurry image of a man in a suit in the background pointing toward a collection of lawyer associated words in the foreground.

For those that have never needed a personal injury attorney, it might be easy to believe or perpetuate the common myths we hear about our profession. Let’s address the common myths we hear and explain what really happens at a personal injury firm.

Myth #1: Lawyers Will Sue for Anything

Technically you can sue for anything, but good lawyers consider the cost and if there is a credible claim to be made. Most personal injury attorneys are fronting their own money and advancing case expenses for your case. Attorneys will only bring claims they believe have merit or a reasonable chance for success.

Myth #2: Lawyers Take All The Money

Personal injury attorneys work on contingency, meaning they do not get paid unless their clients get paid. Injury attorneys earn a percentage of the recovery, the amount settled for or awarded at trial. The percentage amount varies based on the type of case and whether the case is in suit or not in suit. Most attorneys charge somewhere between 30% and 40% for the vast majority of injury cases.

Myth #3: Lawyers Chase Ambulances

Any reputable lawyer is not going to “chase down” cases however, there are some lawyers and even non-lawyers that try to find cases and then sell those cases to other lawyers. Unfortunately, this does happen, but it is not fair to assign that stigma to all personal injury attorneys. Reputable attorneys do not find you in the emergency room or contact you after an injury. If an attorney is approaching you about a car wreck offering his or her representation, please know that is unethical and against the law. You do NOT want an attorney that chases you because that means they are so desperate for clients that they are willing to violate legal and ethical rules just to gets clients.

Myth #4: All Cases are Worth A Million Dollars

You don’t want a million-dollar injury case because if your case is worth that much, something life altering happened and you are terribly injured. Each case is different and evaluated on many factors that include property damage, severity of injury, treatment, pain and suffering, missed work, and so on. Personal injury attorneys try to get you what is fair and reasonable based on your unique case.

Myth #5: All Personal Injury Lawyers Try Cases

It is important to know that not all personal injury attorneys try cases. Some attorneys will not even put cases in suit, meaning they won’t file a complaint or do litigation to get maximum value for your case. These attorneys look to settle cases early and as fast as possible because that is their business model. Injury victims should always ask about a lawyer’s trial experience before deciding whether to hire the lawyer.

Myth #6: Lawyers are Too Expensive

Some people believe you have to pay a retainer in order to hire an attorney. That is not the case with personal injury attorneys. Again, most injury lawyers work on a contingency fee basis, meaning they don’t get paid until they obtain a financial recovery for their client. Contingency fees are variable as discussed in Myth #2 above; however, if an injury attorney wants to charge 45%-50% for a simple car wreck case, they are likely asking too much. Take your time and interview several attorneys, ask about their contingency fee, then choose the right one for you.

Myth #7: Lawyers Drive Away Business from the State

This myth was generated by politicians. Any reputable business is going to have insurance. Attorneys will almost always give corporations and individuals the opportunity to settle their case within their insurance limits. Good attorneys are not in the business of forcing people into bankruptcy or running businesses into the ground. Of course, attorneys want to ensure their clients are fully compensated for their damages. However, forcing someone into bankruptcy doesn’t benefit anyone, not even the injured client because the full judgement is rarely collectible when the defendant is in bankruptcy. Politicians might try to speak about a rare case to vilify someone or increase their political platform, but those politicians are usually speaking on behalf of the insurance industry and the lobbyists who fund their election campaigns.

Myth #8: My Lawyer Can Solve My Problems

An individual lawyer cannot solve all of your legal problems. Attorneys, just like doctors, specialize. For example, our firm can help you with personal injury matters such as a car wreck case, slip and fall, bicycle accident, medical malpractice, burn injuries and more, but we are not the firm to call when you are getting a divorce or find yourself in a criminal case. Remember to seek out and ask for an attorney that has expertise in your area of need.

What You Should Know BEFORE a Car Wreck

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

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

Don’t Trust the At Fault Insurance Company

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

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

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

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

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

Make Sure You Have Uninsured Motorist Coverage

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

“Full Coverage” is Rarely Full Coverage

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

If You’re Able, Gather Information at the Scene

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

Hire a Good Personal Injury Attorney

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

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

What Should I Do If I’m Hit by an Uninsured Driver?

Multiple vehicles with severe collision damage at the scene of a crash involving an uninsured driver.

There are several things you should be aware of if you are hit by an uninsured driver. A driver may have an insurance card at the scene of a wreck but you have no way of knowing whether that insurance is expired, whether it applies to that particular vehicle, or whether that driver has permission to be driving that vehicle. So what should you do if you’re hit by an assumed uninsured driver?

Find out if the driver is, in fact, an uninsured driver.

Being hit by an uninsured driver could mean a handful of things. There could be no insurance on the vehicle or the person that hit you may not be authorized to drive that vehicle. An attorney can determine whether the at-fault driver is uninsured by looking at the police report and sending a letter to the applicable insurance company to find out if that person is a proper driver.

Notify your own insurance company.

Most automobile insurance contracts require you to notify the insurer about any car accident within a reasonable time. If you do not comply with the terms of the insurance contract, your insurer may deny coverage. If you have been hit by an uninsured driver, the uninsured motorist coverage of your policy would be utilized to cover any damages you suffered in the wreck. If you are hurt by an uninsured driver, it is best to speak with an attorney because your own insurance company is going to defend that case against you, which puts you in a tricky position.

Identify all insurance policies.

There are many different types of insurance policies and it is important to locate and share them all with your attorney. Some insurance companies write specific policies for each vehicle in a household where as others write one policy that covers all vehicles in a home.

Additionally, most all of your common insurance companies have what is known as resident relative coverage. This means that all relatives from the same household are entitled to use insurance policies from all other relatives in the same household, regardless of company.

Treat your wreck like any other wreck.

Just like if you were hit by an insured driver, follow the same steps we suggest doing after any wreck. Click here to read the 7 MOST IMPORTANT things to do after an accident.

If you are the victim of a hit and run, your case would be treated the same as if you were hit by an uninsured driver. Your own insurance company is going to defend that case against you, so it is important to document as much as you can, take photos, look for witnesses, and seek medical treatment.

If you have been hit by an uninsured driver and would like to discuss your case, call Attorney Jared Easter at Williams Elleby Howard & Easter for a free consultation. 833-LEGAL-GA.

How Do I Prove Lost Wages in a Personal Injury Case?

One construction worker wrapping an injured arm of another construction worker with construction equipment in the background.

If you have been injured and are forced to miss work or miss the opportunity for work, you can seek lost wages as an item of damages from the at-fault insurance company. A common question we are asked is, “how do I prove lost wages in a personal injury case?”

W-2 Employee

Proving lost wages for a W-2 employee is pretty clean and simple. If you are a W-2 employee, someone who gets paid the same amount every two weeks, the easiest way to prove lost wages is to get a pay stub. From your pay stub, calculate your hourly rate and multiply that by the number of hours you were forced to miss work.

1099 Employee

Currently though, we have an increasing ‘gig economy,’ a free market system in which temporary positions are common and organizations hire independent workers for short-term commitments” (Tech Target, 2022). Most gig employees are paid by 1099, meaning hours of work are not necessarily consistent. So if a 1099 employee is forced to miss work due to a personal injury, it is more difficult to prove how much work, or compensation, was actually missed.

The best way to prove lost wages for a 1099 employee is to average out your typical compensation and hours worked. The longer the history of contract work available, the easier this is to do.

Another way to prove lost wages is to show documentation of work you were scheduled to do, that now will be delayed or canceled due to your personal injury. Documentation of scheduled work could be a text, email, or signed contract showing the type of work and compensation agreed upon by both parties.

Business Owners

Unless you are in a real niche industry, a business owner’s income fluctuates with the success of the business. Therefore, a business owner’s lost wages can be more difficult to prove in a personal injury case. Business owners need to review their tax documents, profit and loss statements, and more to determine a reasonable income or compensation for missed work.

Proving lost wages for 1099 employees and business owners is made easier with a history of earnings. Trying to extrapolate figures from your history of work to projections of what you would have earned had you not missed work due to a personal injury is how we go about calculating lost wages. This does not have to be proven with exact certainty; a reasonable projection of what you would have earned is legally sufficient in most states.

One thing to keep in mind when you receive damages for lost wages is that money is taxable. As opposed to money you might receive for bodily injury, medical bills, or pain and suffering, money for lost wages is still and will be considered taxable income. For this reason, depending on your case and the size of your claim, it may or may not be in your best interest to make a claim for lost wages. For instance, if you have a million dollars worth of medical bills and catastrophic lifelong injuries, it might not be worth arguing a small lost wages claim—you want the court to focus on your larger claims and your attorney will have more leeway to argue for an overall larger award that is not taxable. This allows you to benefit the most from the money awarded to you for your personal injury.

If you have been injured due to someone else’s negligence and would like to discuss your case for free with one of our attorneys at Williams Elleby Howard & Easter, please give us a call at 833-LEGAL-GA.

How Medical Providers Can Help or Hurt Your Personal Injury Case

Doctor reviewing spinal X-rays at a medical office, highlighting the role of medical evidence in personal injury cases.

Other than your lawyer, your medical provider is the most important professional in your entire claims process. If your case is about your personal injury, who better than your doctor to explain what caused your injuries, the nature of your injuries, the treatment process, and your future prognosis?

Our job as your attorney is to present your case. We have to prove that the incident wasn’t your fault, you were injured, and the incident caused your injuries. Medical providers are necessary to explain your injuries and link causation. Your doctor(s) will need to testify through deposition or medical narrative that the injuries you are now suffering from are because of the wreck.

Choose a Medical Provider You Have an Established History With

If you see a doctor regularly or have treated for an injury before, we recommend seeing that same doctor after your wreck. Having an established relationship with a medical provider who helped you get better in the past is helpful. Medical providers you have seen in the past can speak to your health prior to the wreck and testify as to how your new injuries are different from any pre-existing conditions.

Be Honest and Comply With Your Doctor’s Treatment Plan

One way medical providers can help or hurt your case depends on your willingness to follow your provider’s treatment plan. If you do not follow the treatment plan prescribed by your doctor, your provider will have to say that when testifying in your case. In addition to complying with your treatment plan, be upfront and honest with your doctors about any prior injuries or conditions that you have had. If it is sprung on your doctor during a deposition that you had a prior injury, he or she cannot confidently testify that your injuries and/or pain are directly caused by the wreck.

Medical Experts Hired By The Defense

One way medical providers can hurt your case is when they are called in as expert witnesses for the defense. Often in personal injury cases, a defense tactic is to hire an independent medical expert. This “expert”, who may have never laid eyes on you as the plaintiff or performed a full examination, reviews the medical records and makes a judgement on your injuries.

Medical Billing

Sometimes a medical provider can hurt your case by charging more for an injury simply because they know your injury was due to a car wreck. Unfortunately, this can cause your provider to lose credibility. One way a medical provider can help your case is by billing your medical insurance first, if you have it. If you do not have medical insurance, a doctor can sometimes hold your bills and get reimbursed out of any settlement you receive. If there is limited amounts of insurance but your bills are significant, sometimes doctors are willing to reduce the total amount of their bills in order to get your case resolved.

In conclusion, medical providers are vital to your case. Choose doctors you know and trust, be honest with them, and comply with their treatment plans.

If you need an experienced and trustworthy legal team to help you after an injury, call Williams Elleby Howard & Easter today at 833-LEGAL-GA.

15 Situations Where You Need a Personal Injury Attorney

Do you know when to hire a personal injury attorney? A personal injury claim results after you have been injured due to the negligence of someone else. It may be confusing to know what types of injuries warrant a personal injury claim, so our team has gathered 15 situations to help you understand when to contact a personal injury attorney.

Situation 1:

After a Car Wreck

Car accidents are one of the most common types of personal injury claims. Calling a personal injury attorney immediately after a car wreck is crucial in order to document the scene, your injuries and your property damage. A personal injury attorney can also help guide you through the insurance process with the at-fault driver to avoid false claims.

Situation 2:

After a Fall at a Business

If you take a tumble at a commercial establishment, call a personal injury attorney with knowledge about Georgia Premises Liability Law. It’s important to hire a lawyer quickly so he or she can preserve the necessary elements of your case such as video or incident reports.

Situation 3:

After a Criminal Attack at an Apartment or Hotel

If you have been attacked, assaulted or harmed by a criminal at a hotel, apartment or other commercial establishment, a personal injury attorney can assist you and investigate if you have a viable negligent security claim. This process involves assessing the criminal history of the property and the actions taken by the owner/manager of the establishment.

Situation 4:

After You are Hit by a Drunk Driver

You may be entitled to punitive damages for both bodily injuries and property damages after being involved in a DUI wreck. Many attorneys and insurance adjusters don’t recognize property damage as punitive damage, so make sure to hire a knowledgeable attorney if you find yourself involved in a DUI accident.

Situation 5:

After You Hire a Lawyer Without Personal Injury Expertise

We get it, you may have a friend or family member who is an attorney so you turn to them when you need a lawyer. However, their expertise may not lie in the personal injury realm. It’s important to hire a personal injury attorney for personal injury cases to help maximize your claim and properly guide you through your case.

Situation 6:

After You are Hit on a Bicycle

Georgia roads are dangerous, especially when biking on busy or residential streets. If you are hit by a motorist, you may need a personal injury attorney to help recover for your bills and for your pain and suffering. Motorists and bicyclists both have a duty to follow rules of the road, but sometimes motorists fail to pay attention or fail to adhere to safety laws. Call a personal injury attorney to get your claim settled.

Situation 7:

After You are Hurt by a Medical Professional

Errors can happen during medical procedures and treatments, however we expect our medical professionals to exercise a reasonable degree of care and skill. If you suffer an injury due to the lack of such care, you may be entitled to compensation. In the state of Georgia there are certain aspects of a medical malpractice case that must be proven using expert testimony. It is important to hire a personal injury attorney quickly so they can help find an expert for your case and let you know if you have a viable case that is worth pursuing.

Situation 8:

After You are Hit by a Driver Insured by Allstate

Over the past 5-10 years, Allstate has developed a reputation for being one of the most difficult insurance companies to deal with when it comes to getting fair settlement values for your claims. Being involved with a driver insured by Allstate will likely result in trial. This can be avoided by hiring an experienced personal injury attorney immediately to ensure you receive the settlement you deserve.

Situation 9:

After Your Child is Injured at Daycare

As parents, we often trust our children to childcare professionals for proper care and supervision. Unfortunately, injuries happen at daycare facilities due to the negligence of management and employees. Common daycare personal injury cases include improper supervision, improper handling, letting a child consume something they are allergic to and exposure to dangerous objects or equipment. If your child was injured at daycare, reach out to Bright from the Start and your local authorities to begin an investigation. You will then need to hire a personal injury attorney to assess the situation and determine if a claim can be made.

Situation 10:

After a Tractor Trailer or Big Truck Wreck

Claims involving trucking accidents can be complex and it is important to hire an experienced personal injury attorney who handles big truck accidents. When hiring a personal injury attorney for a case involving a tractor trailer or other large vehicle, make sure they are knowledgeable about the Federal Motor Carrier Safety Administration’s rules and regulations that apply to trucking companies and their drivers.

Situation 11:

After a Dog Bite

An injury caused from a dog bite can be traumatic and painful. It is important to contact a personal injury attorney who is familiar with this sort of personal injury claim. There are certain rules that go along with proving liability toward a pet owner, such as proving dangerous propensities or determining a potential violation of leash laws. An experienced personal injury attorney will be able to help you find out if you have a viable case.

Situation 12:

If You Don’t Have Health Insurance

If you have been injured due to someone else’s negligence but you do not have proper health insurance, we suggest contacting a personal injury attorney. Most reputable personal injury attorneys in Georgia have connections to medical providers that can treat you on a lein-basis and help you receive the quality care you deserve after an accident.

Situation 13:

After a Car Hits a Pedestrian

Georgia statutes determining who has the right-of-way between a pedestrian and a motorist can be confusing. If you’ve been hit by a motorist as a pedestrian, hire a personal injury attorney to identify insurance and properly advise you on whether you have a viable claim.

Situation 14:

If You are Injured by a Falling Tree or Limb

If you have been injured by a falling tree or tree limb in an urban or heavily populated area of Georgia, hire a personal injury attorney. If the owner of the property is aware of damage or disease on the tree, they can be held responsible for your injuries.

Situation 15:

After Someone Kills Your Loved One

The death of a loved one is hard enough on a person. If the death was caused by another person due to a car wreck, negligent security issue, medical malpractice, etc., a personal injury attorney can take the legal issues off of your plate and determine a wrongful death case.

We understand that the time following these accidents can be confusing, traumatizing and isolating. However, you do not have to face a lawsuit alone. We help our clients get the compensation they deserve. To learn more, call 833-LEGALGA or contact us online to schedule a free consultation.

15 Questions To Ask Before Hiring a Personal Injury Attorney

A wooden gavel behind the title 15 questions to ask before hiring an attorney.

Hiring a personal injury attorney can be a daunting process. There are many choices and aspects to consider. But, discovering which attorney is best for you and your personal injury case can be easier than you think. Our team has gathered 15 questions you should ask before hiring any attorney.

Question 1:

What types of cases are you handling right now?

No matter the type of legal case, you want to be a priority for your attorney. As a personal injury victim, you do not want to have a distracted attorney who is busy handling a divorce or property line disputes. A way to prevent this is by finding an attorney who focuses their practice strictly on personal injury cases. Not only will this increase your chances of taking precedence, but it will also ensure that your attorney is familiar with the pre-suit process.

Question 2:

Can I have your cell phone number?

Communication is vital to a healthy attorney-client relationship. While email and letters can be effective, sometimes it is not enough. You deserve to know exactly what is going on with your case. Find an attorney who is willing to give you his or her cell phone number to ensure that you will have open communication about your case.

Question 3:

Will you be the attorney handling my case?

Some law firms have designated attorneys to speak with clients. However, this may not be the attorney who will take your case. They may give your case to a junior associate or even a different law firm. To prevent your case from being handed off to others who may be less experienced, ask this question before hiring the attorney.

Question 4:

How many cases have you tried before a jury?

Not all cases can be handled quickly and out of court. You want an attorney who is experienced in front of a jury and prepared to take your case to trial to obtain the compensation you deserve. Hiring an experienced trial attorney could make the difference in your recovery if your case has to be tried.

Question 5:

How much will it cost to hire you?

Most attorneys work on a contingency fee basis, meaning if they win your case, they get paid a percentage of the gross overall recovery that you are awarded in your case. You will want to make sure that percentage is reasonable. You should be aware of how the firm manages the expenses they advance on your behalf. Ask them about interest and overhead. These expenses can add up and be the difference of thousands of dollars in legal fees.

Question 6:

How many cases do you handle at one time?

Again, you need to make sure your attorney dedicates the proper amount of time to your case. If an attorney handles several cases at one time, then they may not have enough time to devote to you. As previously mentioned, the amount of time an attorney gives to your case ultimately impacts the amount of recovery you receive. Plus, being one of several cases may foster a bad relationship between you and your attorney.

Question 7:

What percent of your time is spent working cases?

Some attorneys busy themselves with business management practices. You need an attorney who spends a great deal of time focused on trying cases. You should be confident in the amount of time your attorney spends working on cases and make sure your case receives the attention you deserve.

Question 8:

How often will I receive updates on my case?

A lack of case updates is the number one complaint from clients to the State Bar. All attorneys have a duty to communicate with their clients. To understand what communication efforts to expect from your attorney, ask them this question. This will ultimately promote a healthy attorney-client relationship.

Question 9:

How long do you think my case will take?

Cases can take anywhere from a few months to a few years. Due to all the factors that play a part, your attorney will not be able to give you an exact number. However, they should be able to give you a general estimate. It is always best to have similar expectations as your attorney when understanding the general timeline of your case.

Question 10:

What are the weaknesses of my case?

In order to receive the maximum recovery, you will need to show your case in the best light. Having an attorney that knows your case’s challenges is key. This way, they know how to best present your case and prevent any shocking revelations while your case is being tried.

Question 11:

What happens if I need to fire you?

Make it easier on yourself in case this event occurs. Ask this question before hiring anyone so that you and your attorney are on the same page. Having to fire an attorney is already stressful. Knowing how to fire someone and the consequences can relieve some of the stress. Plus, it can prevent you from having to pay unexpected fees and expenses.

Question 12:

Are you willing to try my case?

There are lawyers who want to settle no matter what. This can limit your overall recovery costs. However, trial lawyers have better results all around. This is often because insurance companies are aware that trial lawyers will fight for the maximum recovery. Having someone truly in your corner is much more beneficial than hiring someone who wants to make a quick buck.

Question 13:

How long will it take to return my phone calls?

Again, communication is key when it comes to your satisfaction with your attorney. Asking this question is a great way to know what to expect from your attorney. While they could be busy with another case or deposition, there should be a reasonable turnaround time for any questions you have.

Question 14:

Can you guarantee a certain amount?

This is a trick question to ask your attorney. Any attorney that guarantees a certain amount is misguided and needs to be avoided. It is against the law to guarantee any recovery amount. However, many attorneys may be able to give you an estimate of what they think the case is worth, which is much more reasonable.

Question 15:

Can you explain all aspects of the claims process?

This question will serve three purposes: determine expectations for your suit, ensure the attorney’s knowledge of the claims process and show the attorney’s amount of patience for your questions. You need to be comfortable with their reaction and response to this question before you hire that attorney.

We hope these questions provide you with the information and confidence you need to hire the right personal injury attorney. Remember, communication and the right expectations are key to having a successful experience. If you or a loved one needs a personal injury attorney in Georgia, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our experienced personal injury attorneys. We are committed to fighting for and protecting our clients.

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

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.

What is Premises Liability?

In Georgia, premises liability is a legal concept that holds owners and occupiers of land responsibile to those who enter their premises. These duties vary according to the relationship between the owner and the person entering the premises.

Exercising Ordinary Care

Business owners may be liable to their business invitees for failing to exercise “ordinary care” in keeping their premises and approaches safe. However, the owner or occupier’s duty to a social guest is to not “knowingly expose” the guest to “an unreasonable risk of harm.” The lowest duty of care is owed to trespassers, which is to not injure the trespasser willfully.

Examples of premises liability cases include:

slip and falls
inadequate security
defective stairs and railings
injuries from falling merchandise in stores
swimming pools which are not adequately fenced
exposure to dangerous chemicals
dog bites
defective ladders
slippery surfaces

Other hazards may exist when buildings are constructed in a manner that does not comply with applicable building codes.

How to Win a Premises Liability Lawsuit in Georgia

To be successful in a Georgia premises liability lawsuit, you generally must prove the following:

A dangerous condition existed on the property
The owner or occupier of the property had knowledge of the dangerous condition
The owner or occupier failed to remove or warn of the dangerous condition
The dangerous condition was the cause of your injury

Whether you have been injured in a public area such as a store, shopping mall, hotel, office building or apartment complex, Williams Elleby Howard & Easter can help you understand your rights and options under Georgia law. Contact us at 833-LEGALGA for your FREE consultation today