The Impact of Falling Objects: Legal Rights and Compensation

Man with both hands on head, looking straight at the camera.

According to the U.S. Bureau of Labor Statistic (BLS), approximately 2.8 million workers are injured on the job each year, and more than 5,000 are killed. Many of these accidents are caused by falling objects. In fact, the United States Department of Labor has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams, Elleby, Howard, & Easter is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped. Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. For example, OSHA Standard 1910.219 provides a long list of requirements to guard against handheld machinery used in overhead work causing injury. While, OSHA Standard 1917.112 requires the use of toeboards around edges of walkways to prevent objects from rolling off and injuring people below. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because Georgia workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The tradeoff, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, she is free to bring a negligence claim against the party or parties responsible for dropping the object. She could also bring a premises liability claim against the owner of the property where the injury occurred.

Premises Liability vs Negligence: Who is Responsible

When a non-worker is injured by a falling object, she can bring a claim against any responsible parties. Many times, the person who drops the object is not the owner of the property where the injury occurs. In this situation, an injured party could have claims against both the person who dropped the object as well as the property owner.

First, the claim against the person who dropped the tool would be a simple negligence claim. In pursuing this claim, a skilled attorney would examine whether the person who dropped the tool took reasonable precautions to guard against dropping the object. The attorney could look to OSHA standards that might apply to the jobsite in question. For instance, OSHA Regulations require that construction sites employee a number of fall protection measures when erecting or working on scaffolding.  The attorney could then analyze whether the negligent party properly complied with the regulations to show that the worker did not act reasonably while completing work at the site.

Examples of Overhead Work Protection Measures:

  • OSHA Standard 1926.105 requires the use of overhead safety netting when work is completed more than 25 feet above the ground.
  • OSHA Standard 1910.145 requires the use of warning signs to warn of the risk associated with falling objects on a job site.
  • OSHA Standard 1917-112(d) requires the use of toeboards, or raised edges, to prevent items from rolling off of the edge while working overhead.

Second, there could be a premises liability claim against the owner of the property where the injury occurred. Premises liability claims can be brought when property owners are at fault for failing to keep dangerous conditions off their property. O.C.G.A § 51-3-1 provides that a landowner must take reasonable steps to keep its premises safe. Again, a skilled attorney could use the OSHA Regulations to show that the landowner was aware that work was taking place and failed to ensure that the proper safety protocols were met to prevent injury to people walking below.

Damages in a Personal Injury Suit

The final step in the process is determining the dollar amount of the injured person’s damages. Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may be available. However, injury claims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.  Georgia Worker’s Compensation Law provides a specific award schedule that dictates how much a worker’s injury is worth.

However, when a non-worker is injured, the measure of damages is more fluid. A skilled attorney can utilize the injured party’s medical bills, along with evidence of missed time from work, and general pain and suffering to advocate for a more accurate measure of damages. The attorney is able to make specific arguments about how long it took for the injured party to recover. The length of recovery is important as the attorney can attach a dollar amount to the time spent recovering. Attorneys also rely on witness testimony and other evidence to paint a vivid picture of how the injury affected the injured party. This provides the jury with a detailed perspective of the injury and the suffering it caused.

Real World Experience  

A few years ago, we were contacted by a man, Mr. Smith, who sustained a skull fracture when a tool hit him in the head while he was working at a retail store. Upon further investigation, we learned that Mr. Smith’s employer sent him to clean the floors at the retail store. Mr. Smith walked into a closet to get some supplies and was struck in the head by a falling tool. Unbeknownst to him, a man from another company was climbing a ladder inside the closet and dropped a tool, which struck Mr. Smith in the head.

This workplace injury involved all three claims we have discussed in this article- a workers compensation claim, a premises claim, and a negligence claim. First, Mr. Smith was on the job when the injury occurred. Therefore, we brought a workers compensation claim to obtain the benefits afforded to Mr. Smith under Georgia’s workers compensation system. Secondarily, we brought a premises claim against the retail store where Mr. Smith was working for failing to keep its premises safe. Finally, we brought negligence claims against both the worker who dropped the tool for failing to exercise due care in transporting the tool up the ladder and his employer for failing to adequately train its employee.

During the litigation, we argued that all parties involved violated multiple OSHA regulations on the date of the incident. We used those rules to point out that each of the defendants could have taken relatively simple actions to prevent this catastrophic injury from occurring. For example, the retail store could have required workers to post a sign warning of overhead work taking place or the worker climbing the ladder could have utilized a rope and bucket method to raise his tools up the ladder. As a result, we were able to successfully prove that the store, the worker, and the worker’s employer negligently breached their duty of care to Mr. Smith.

We also relied on the medical opinions of Mr. Smith’s treating physicians to prove that the tool hitting Mr. Smith caused his injuries. These opinions were crucial in proving Mr. Smith’s damages. We relied on these records to highlight the significance of the trauma, the need for surgical repair of Mr. Smith’s neck, and the permanence of his injuries. Normally, we would take a deposition of the treating physicians to elicit testimony as to whether the incident in question caused our client’s injury. However, here we were able to rely on Mr. Smith’s medical records because they clearly stated that Mr. Smith’s injuries were caused by the tool hitting him on the head.

We spent hours investigating and researching these issues to make sure we painted a clear picture of the injury, liability, and damages involved with this case. As a result, we utilized this information to secure a significant settlement for Mr. Smith that would compensate him for his injuries.

For More Information, Contact Williams Elleby Howard & Easter

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams, Elleby, Howard, & Easter serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

$6,440,000 Personal Injury Verdict Awarded in Cobb County, GA

A judges wooden gavel is resting on top of the left side of a red hardcover book with the word LAW in gold writting writting with a white paper rolled into a scroll with the words Personal Injury wrtting on the scroll.

A Georgia jury in the State Court of Cobb County awarded a man post-apportionment damages of $3.45 million with an additional $1.84 million in attorney’s fees for injuries he sustained after falling into an unguarded concrete pit beside a golf course clubhouse in Hiram, Georgia.

Insurance Company Rejects Lower Settlement Offers

The verdict came after the Defendant’s insurer rejected numerous offers to settle for less than the insurance policy limits. Plaintiff’s counsel, Joel Williams of Williams Elleby Howard & Easter and Matthew Stoddard of The Stoddard Firm, said that multiple attempts to settle the case were made throughout the course of litigation, culminating with Plaintiff proposing a high-low agreement of $465,000 – $1.5 million after closing arguments (The high low agreement would have limited the Defendant’s exposure to $1.5 million [an amount within the insurance policy limits] if the verdict were for a higher amount but guaranteed the Plaintiff at least $465,000 if the verdict was for less). However, the Defendant’s insurance company declined all of Plaintiff’s offers to settle within its insured’s policy limits, forcing the case to trial and subsequent verdict.

The case was defended by Beth Bentley and Bill Casey of Swift, Currie, McGhee, & Hiers. Stoddard and Williams were complimentary of the professionalism displayed by Bentley and Casey. Williams’ stated, “Beth and Bill are excellent lawyers that did the best they could with a tough set of facts.”

Facts Leading to Fall from Unguarded Concrete Pit

The case initiated from an incident on February 6, 2021, when Plaintiff was invited to a country club in Hiram, GA to pick up his girlfriend who was the bar & grill manager at the club. The Plaintiff arrived at the bar and had some drinks while waiting for his girlfriend to finish her shift. As the bar was closing, Plaintiff’s manager/girlfriend asked him to go put some DJ equipment in his truck. The plaintiff walked outside and put the equipment in his truck. It was a cold and rainy night, so Plaintiff wanted to get back inside. He tried to re-enter the bar & grill, but the Defendant’s employees had locked all the doors and turned off all exterior lights. Plaintiff attempted to call his girlfriend to open the door.

When Plaintiff’s phone calls went unanswered, he decided to walk around the building and see if any other doors were unlocked. He made it around one side of the building when he fell nearly 12 feet from an unguarded retaining wall and into a concrete pit where he landed on his head, broke multiple bones, and sustained a brain injury. In this picture, emergency worker’s can be seen attending to the injured Plaintiff at the bottom of the dark and unguarded pit:

A white building with a deck, without any lights on, in the night.

Plaintiff’s Injuries

Plaintiff was rushed to the emergency room where he spent nearly a week in the hospital. Upon release, he began treating with an orthopedic surgeon who eventually recommended that he undergo a cervical fusion surgery. He had the procedure and recovered well. However, his life was forever changed by the seriousness of his permanent injuries. Plaintiff’s past medical bills at the time of trial were about $362,000.00.

Defendant Failed to Act on Warnings

Testimony revealed that approximately four months prior to the fall, the Defendant hired a landscaping company to remove bushes and trees that acted as a natural barrier around the edges of the concrete pit. The bushes can be seen in this photo (sorry, the picture quality is poor but it is the best picture available):

Picture of bushes and trees in front of a building.

At the time of removal, the landscape company warned Defendant that the pit was dangerous and that they should install a fence to guard the pit. There was also evidence that the unguarded pit violated municipal safety codes previously adopted by the City of Hiram. In additional to violating safety codes, the evidence showed that the Defendant had another concrete pit on the opposite side of its building that was guarded by a metal railing as shown in this photograph:

There is a railing beside a paved concrete slab in front of a white building with a deck.

Furthermore, one of Defendant’s employees testified that she observed children playing tag near the pit. Another employee testified that Defendant discussed concerns about a drunk person falling into the pit at a management meeting prior to the fall. The Defendant’s owner, testified that safety was the company’s number one priority and that the Defendant intended to place a fence along the pit due to safety concerns. Despite all this, a fence was not installed before Plaintiff’s fall because it remained on a to-do “list” while the company completed other projects during its “slow season.” Shockingly, some of those other projects included installing decorative split rail fencing around other areas of the golf course.

The Defenses

Stoddard and Williams said the Defense asserted a plethora of defenses. The defense argued that Plaintiff was a trespasser who never paid for his drinks (despite testimony from the club manager that he saw a tab with Plaintiff’s name on it); that Plaintiff was drunk at the time of the fall; that Plaintiff should have used his phone’s flashlight to see where he was going; that Plaintiff was not allowed on the part of the property where the fall occurred; that Plaintiff left a path and walked through the woods to reach the pit; and finally, that Plaintiff’s spinal injuries were degenerative and not caused by the fall.

Trial Begins

Trial began on December 18, 2023, before Judge Jane Manning in the State Court of Cobb County. Plaintiff’s counsel relied on testimony from Plaintiff, his ex-girlfriend/bar manager, the landscaper, ex-company employees, and Plaintiff’s treating physicians. Defense counsel called two of the Defendant’s employees, along with a code expert, toxicology expert, and neurologist to dispute liability and causation.

In the lead up to trial and throughout, Plaintiff continued to make offers within Defendant’s policy limits to resolve the case. However, Defendants declined all of Plaintiff’s offers, never offering more than $585,000. After a four-day trial, the jury spent about five hours deliberating before returning a verdict for $4,600,000 in compensatory damages. The jury apportioned 25 percent of the fault to Plaintiff, reducing the total compensatory award to $3,450,000. The jury also found there was bad faith in the underlying transaction and awarded $1,840,000 in attorney’s fees pursuant to O.C.G.A. § 13-6-11. In awarding attorney’s fees, the jury found that the Defendant’s conduct demonstrated a conscious indifference to the consequences of its actions (i.e. failing to act on its admitted knowledge of the danger, its failure to heed warnings from its landscaping contractor, its failure to comply with code, and other things).

A redacted legal document, specifically of a verdict form from a personal injury case in Cobb County Georgia where the plaintiff was found 25 percent at fault and the defendant was 75 percent at fault.
A piece of paper showing showing a jury award of $1,840,000 on 12/15/2023.

Stoddard and Williams agree that this is a very sad case involving serious life altering injuries and that this tragedy is made worse by the fact that the Defendant is now facing a judgment that exceeds its insurance limits due to its insurer’s refusal to accept multiple settlement offers within its insurance limits. Plaintiff’s counsel, Joel Williams, explained, “This is the perfect example of what happens when insurance companies refuse to protect their insureds. Insurance companies readily accept our premium payments but they often fall short when we need them to do what we pay them to do: Protect us, and our assets, when we face liability claims. Special interest groups love to blame lawyers for so-called “nuclear” or “excess” verdicts but the truth is that we would rarely see large jury verdicts if insurance companies would accept reasonable settlement offers and protect their insureds when they are given an opportunity to do so, as we did numerous times prior to the verdict in this case.”

Beyond Jail Time: The Civil Impact of Drunk Driving in Georgia

A clear glass of liquor on ice beside a set of car keys and handcuffs on a wooden table.

Drinking and driving is deadly. According to the National Highway Traffic Safety Administration (NHTSA), every day 37 people die in drunk-driving crashes, that’s one person every 39 minutes. Because the effects of drinking and driving are often catastrophic, the laws in Georgia to keep its citizens safe and keep people from drinking and driving carry some serious consequences, both criminally and civilly. Simply put, criminal cases involve jail time and fines and are prosecuted by the government, whereas civil cases involve money and involve disputes between people or organizations.

What is considered drunk driving?

Under Georgia law, it is illegal for people to drive a motor vehicle is their blood alcohol concentration percentages are as follows:

  • 08% or higher, if they are twenty-one years old or older operating a passenger vehicle (O.C.G.A. § 40-6-391)
  • 04% or higher, if they are operating a commercial vehicle (O.C.G.A. § 40-6-391)
  • 02% or higher, if they are younger than twenty-one years old.

What are the criminal consequences?

The consequences for drinking and driving vary depending on the circumstances. But generally speaking, if you are caught drinking and driving, according to the Georgia Governor’s Office of Highway Safety:

First Offense

  • Possible jail time up to one year
  • Fine of $300 minimum, up to $1,000
  • License suspension of up to one year
  • 40 hours of community service, which is a mandatory minimum
  • $210 license reinstatement fee

Second Offense:

  • Minimum mandatory 48 hours in jail, possible 90 days to one year
  • Fine of $600 minimum, up to $1,000
  • License suspense of three years
  • Minimum 30 days of community service
  • $210 set license reinstatement fee
  • A mandatory clinical evaluation, and if indicated, completion of a substance abuse treatment program at the offender’s expense

Third Offense:

  • Minimum Mandatory 15 days jail time
  • Fine of $1,000 minimum, up to $5,000
  • License revocation for five years
  • Minimum mandatory 30 days community service
  • Violators name, photo and address published in local newspaper at violators expense
  • Declared as habitual violator
  • Mandatory clinical evaluation and, if indicated, completion of a substance abuse treatment program at offender’s expense.

What are the civil consequences of drunk driving?

In addition to the criminal consequences of driving under the influence, there can also be civil consequences if you cause a wreck and injure someone while driving under the influence of alcohol. The injured party has to prove that the at-fault driver was negligent in causing the wreck.

In order to prove negligence in a civil case, you have to prove “1) a legal duty to conform to a standard of conduct; 2) a breach of this duty; 3) a causal connection between the conduct and the resulting injury; and 4) damages to the plaintiff.” Johnson v. American National Red Cross, 253 Ga. App. 587, 591 (2002). If the Plaintiff can prove these elements by what’s known as the “preponderance of the evidence”, then the at-fault party will be financially responsible to the Plaintiff for the damages awarded by a jury.

Negligence per se is a legal theory wherein an at-fault party’s unexcused violation of a law creates a presumption that the defendant is negligent. It doesn’t prove the negligence – it only creates a presumption that the defendant is liable for negligence.

In a car wreck scenario where a person suffers injuries and the at-fault driver committed a DUI, there is a presumption that because the at-fault driver was driving drunk, they are then negligent for causing the wreck. In order to get this presumption it must be established that the at-fault driver was driving over the legal limit (this can happen when they plead guilty to the offense). Once that is established, the injured party can claim that because they violated the law, they are presumably negligence. At this point, the burden then shifts to the defendant, who must prove that they were not negligent in causing the wreck even though they were driving under the influence. Negligence per se is a powerful tool in proving the negligence of another because it creates a burden-shifting presumption.

Punitive damages for drunk driving!

With a DUI case, in addition to compensatory damages, the injured party can seek punitive damages from the at-fault driver. Punitive damages are damages awarded as a punishment or to penalize and deter the at-fault driver from engaging in the behavior that caused the injuries. Normally, punitive damages are limited to $250,000.00 in Georgia, but that is not the case if the at-fault driver is driving under the influence of alcohol or drugs. O.C.G.A. § 51-12-5.1. Being able to pursue punitive damages greatly increases the value of your civil case against the at-fault driver and their insurance company.

If you have been injured in a wreck due to the negligence of another, especially by someone who was driving under the influence of alcohol or drugs, you must find a lawyer who will aggressively fight on your behalf to ensure justice is sought from the wrongdoer and their insurance company. Contact the personal injury law firm of Williams Elleby Howard & Easter at 833-534-2542.  Not quite ready to call? Check out our YouTube channel for additional resources and information in our video covering alcohol and its effect on personal injury cases.

What is The Statute of Limitations on a Personal Injury Claim?

Legal book titled "Statute of Limitations" next to a gavel, law books, and a fountain pen on a lawyer’s desk in Kennesaw Georgia.

Personal injury claims arise when an individual is injured due to the negligent or intentional acts of another person or entity. These claims range from car accidents and slip and falls to medical malpractice and product liability. If you are considering filing a personal injury claim, one of the first things you need to know is the statute of limitations that applies to your case. In this blog post, we discuss what the statute of limitations is, how it works, and how it can affect your personal injury claim.

What is the Statute of Limitations?

The Statute of Limitations is a law that sets a time limit for filing a lawsuit. This time limit varies depending on the type of case and the jurisdiction where the case will be heard. In the context of personal injury claims, it is the time limit for filing a lawsuit against the party responsible for your injuries.

How does the Statute of Limitations work?

The statute of limitations clock begins ticking on the date of the injury or when it was discovered. Once the clock starts ticking, the injured party usually has a set amount of time to file a lawsuit. If the injured party fails to file a lawsuit within the specified time frame, the case will likely be dismissed by the court. It’s important to note that this time frame is a strict deadline and courts rarely make exceptions.

How does the Statute of Limitations affect your Personal Injury Claim?

It is an important factor to consider when filing a personal injury claim. If you miss the deadline, you may lose your right to seek compensation for your injuries. Therefore, it’s crucial to act quickly and consult with an experienced personal injury lawyer as soon as possible. A lawyer can help you determine the applicable statute of limitations and ensure that your claim is filed within the required time frame. Failing to file a claim prior to the statute running out is cited in our article on Seven Biggest Mistakes People Make After an Injury

The length of the statute of limitations can vary depending on the state and the type of personal injury claim. In some states, the statute of limitations for personal injury claims is as short as one year, while in others, it can be several years. Additionally, some states have different statutes of limitations for different types of personal injury claims, such as medical malpractice claims or claims involving government entities.

Conclusion

If you have been injured due to the negligence or intentional act of another party, it’s important to act quickly and consult with an experienced personal injury lawyer. The statute of limitations can affect your ability to seek compensation for your injuries, so it’s crucial to understand the applicable time limit and ensure that your claim is filed within the required time frame. Experienced lawyers at Williams Elleby Howard & Easter can help you navigate the legal process and fight for the compensation you deserve.

Call us today at 833-LEGALGA

How Long Does It Take To Settle A Personal Injury Case?

Close up of Business people shaking hands, finishing up meeting.
If you’ve been injured in an accident that wasn’t your fault, you may be wondering how long it will take to settle your personal injury case. Unfortunately, there is no one-size-fits-all answer to this question, as the length of time it takes to settle a personal injury case can vary widely depending on a number of factors. In this blog post, we’ll explore some of the factors that can impact the timeline for settling a personal injury case.
1. The Severity of Your Injuries
One of the biggest factors that can impact the timeline for settling a personal injury case is the severity of your injuries. If you have suffered serious injuries that require extensive medical treatment and rehabilitation, it may take longer to settle your case as your attorney will need to gather all of the necessary medical records and bills to calculate the full extent of your damages.
2.  The Complexity of Your Case
The complexity of your case can also impact the timeline for settlement. If liability is clear and there are no disputes over the extent of your damages, your case may settle quickly. However, if liability is disputed or there are multiple parties involved in the accident, it may take longer to negotiate a settlement.
3.  The Insurance Company
The insurance company involved in your case can also impact the timeline for settlement. Some insurance companies are more willing to negotiate a fair settlement than others. Some may try to delay or deny your claim in order to reduce their payout. If the insurance company is being difficult, it may take longer to settle your case.
4.  The Negotiation Process
The negotiation process can also impact the timeline for settlement. Your attorney will need to gather all of the necessary evidence and documentation to support your claim, and then negotiate with the insurance company or other parties involved in the accident to reach a fair settlement. This process can take time, especially if there are multiple rounds of negotiation required.
5.  The Court System
If your case goes to court, the timeline for settlement can be even longer. Court cases can take months or even years to resolve, and you will need to wait for a court date to be set before your case can be heard. In some cases, it may be necessary to file a lawsuit in order to get the compensation you deserve. In general, it’s important to remember that settling a personal injury case can take time. The attorneys at Williams Elleby Howard & Easter will work diligently to negotiate a fair settlement, but the process can be complex and may require patience and persistence. If you’ve been injured in an accident, it’s important to speak with an experienced personal injury attorney as soon as possible to discuss your case and learn more about the potential timeline for settlement.  Call Williams Elleby Howard & Easter at 833-534-2542.  Be sure to check out our YouTube channel for our video on this topic and many more topics. .

Do I have a Personal Injury Case?

A bandaged hand writing the words, "accident, injury, claim, and compensation" in red marker on a clear screen.

If you have been injured due to someone else’s negligence, you may be wondering if you have a personal injury case. This is a common question, and the answer depends on several factors. In this blog post, we will explore what constitutes a personal injury case and how to determine if you have one.

 What is a Personal Injury Case?

 A personal injury case arises when a person is injured due to the negligence or wrongdoing of another person, business, or entity. The purpose of a personal injury case is to seek compensation for the harm and losses caused by the injury. This compensation may include medical expenses, lost wages, pain and suffering, and other damages.

 Examples of personal injury cases include car accidents, slip and falls, medical malpractice, product liability, and workplace accidents. In each case, the injured person (plaintiff) must prove that the other party (defendant) was negligent and that this negligence caused the injury.

How to Determine if You Have a Personal Injury Case

 To determine if you have a personal injury case, you should consider the following factors:

 Was there negligence involved?

To have a personal injury case, you must prove that the other party was negligent. This means that they failed to exercise reasonable care and that this failure caused your injury. Negligence can take many forms, such as a driver who runs a red light or a property owner who fails to fix a hazardous condition.

 Did the negligence cause your injury?

Even if the other party was negligent, you must prove that this negligence caused your injury. For example, if you slip and fall on a wet floor in a store, you must show that the wet floor caused your fall and resulting injuries.

 Did you suffer damages?

To obtain compensation in a personal injury case, you must have suffered damages as a result of your injury. Damages can include medical expenses, lost wages, pain and suffering, and other losses. However, if you were not injured or did not suffer any losses, you may not have a personal injury case.

 Is there a deadline to file a claim?

In most cases, there is a deadline (statute of limitations) for filing a personal injury claim. This deadline varies by state and type of case, so it is important to consult with an attorney as soon as possible to ensure you do not miss the deadline.

 Attorneys Joel Williams and Chase Elleby examine the things that should be considered in determining “Do I have a Personal Injury Case?” in this video:

Consult with an Attorney

If you believe you have a personal injury case, it is important to consult with an attorney who specializes in personal injury law. An attorney can evaluate the facts of your case and determine if you have a valid claim.

They can also help you navigate the legal process and negotiate with insurance companies to seek the compensation you deserve.

If you have been injured due to someone else’s negligence and have suffered damages, you may have a case. To determine if you have a case, consider the factors listed above and consult with one of our experienced attorneys today!  Call us at 833-LEGAL-GA.

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.