How Do You Prove Whiplash Injuries at Trial?

A side view of a male figure with transparent skin, revealing his skeletal and muscular system in three different positions, demonstrating whiplash.

Some personal injury claims are more difficult to prove than others. There is little dispute when an injury victim claims to have suffered a broken bone. Bone fractures are easily identified on an X-ray scan and, in some cases, are outwardly visible.

The same is not true for whiplash injuries. Whiplash is a soft tissue injury that commonly occurs in motor vehicle accidents. Because it can be challenging to prove the existence and extent of soft tissue injuries, many insurance companies will balk at paying out claims based on whiplash. With the right attorney and an aggressive approach, you could recover the compensation you deserve.

Understanding Whiplash

Whiplash can occur in any situation where a significant impact causes the head and neck to violently whip from one direction to another. According to the Mayo Clinic, these injuries are common in motor vehicle collisions due to the sudden impact of a crash.

The Johns Hopkins Clinic defines whiplash as an injury to the neck caused by the neck forcibly bending forward and back again in rapid succession. This movement can tear and strain the tendons, muscles, and ligaments in the neck and shoulders.

It is the status of whiplash as a soft tissue injury that makes it challenging to definitively diagnose the condition. While bone injuries show up on X-ray scans, the same is not true for soft tissue damage. That said, there are ways to show a jury that a whiplash injury not only exists, but also that it is severe.

Evidence of Whiplash

The most important step in proving your whiplash injuries is to seek medical treatment right away. If you delay treatment for your injury, you could face claims from the insurance company that your injuries occurred under different circumstances or that they are not real at all. By seeking medical care, you can obtain the records you need to show a jury you suffer from whiplash.

While X-rays will not typically provide evidence of whiplash, other scans could. Your doctor might be able to document your condition using magnetic resonance imaging (MRI). This type of scan can create detailed images of soft tissues, which your doctor can use to highlight your injury.

A computed tomography (CT) scan could also highlight your soft tissue damage. These scans take a series of images of your body from different angles, making it possible to evaluate muscle, fat, and organs.

Your doctor can also testify as to your physical condition. Your medical records could reflect that you were experiencing stiffness, pain, and the lack of mobility in the neck. Together, this evidence could show a jury that your whiplash injuries are substantial.

Discuss Your Whiplash Claim With Williams Elleby Howard & Easter

Ultimately, it is the role of your attorney to prove the amount of damages you deserve. When you work with the attorneys of Williams Elleby Howard & Easter, you can rest assured we will put our extensive experience to work for your claim. Call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation right away.

What Is a Declaratory Judgment?

A red and white graphic saying declaratory Judgement.

Most of the time, an individual who suffers an injury in a vehicle accident will pursue a legal claim against the at-fault driver for compensation. If the at-fault driver has liability insurance, the policy typically requires them aid in the driver’s defense and protect them from any liability claims.

One unique exception to this general rule involves declaratory judgments. A declaratory judgment is a lawsuit filed by the insurer instead of the insured driver. In a declaratory judgment, the insurer may ask the court to determine whether or not the accident in question is covered under the policy. Insurance companies use these suits as a tool to determine whether they are obligated to pay out on a claim without risking allegations of bad faith from their insured driver. If the court finds the policy does not apply, the insurance company can refuse to defend their insured driver or shield them from liability claims.

When Declaratory Judgement Lawsuits Are Appropriate

In Georgia, the time frame an insurance company has to file a declaratory judgment action varies. If the insurer intends to file this action in state court, they must do so before they deny the underlying insurance claim. Once an insurance claim is denied, the Georgia Court of Appeals has held that there is no longer a “justiciable controversy” for the courts to decide.

Lawsuits in federal court are treated a little differently. Federal cases operate under federal law, which takes a broader view of the declaratory judgment process. Previously, federal courts have held that insurance companies may file declaratory judgment actions after they have denied a liability claim.

What Happens to Underlying Lawsuits?

In some cases, an insured driver will file a lawsuit prior to the initiation of a declaratory judgment. This can happen after a suit is filed by one driver against the other. Typically, an insurance company that files a declaratory judgment action during ongoing litigation will seek to join the declaratory judgment action to the underlying lawsuit. In this lawsuit, the insurance company frequently seeks to stay the case until the completion of the declaratory judgment action. This allows the courts to decide the issue of coverage before the insurance company is forced to decide if they will defend their insured driver or not. Halting the underlying case also prevents the insured driver from hiring outside counsel and running up legal bills that could be the responsibility of the insurance company if they lose the declaratory judgment action.

How an Attorney Can Help

You have the right to be heard in a declaratory judgment action involving your insurance policy. Often, the attorney who assists you with your injury claim can advocate for you in a declaratory judgment case as well. The trial attorneys at Williams Elleby Howard & Easter are prepared to assist you through every aspect of your injury case. We can evaluate your injuries and investigate the specific language of your insurance policy. We know what is at stake in your case and we will work tirelessly for a favorable outcome. To learn more, contact us online or call 833-LEGALGA (833-534-2542) to schedule a free consultation right away.

What Is the Timeline in a Georgia Personal Injury Lawsuit?

A stack of four old hardcover books with a wooden gavel on top, beside a large hour glass.

No two personal injury cases are alike. What’s more, even cases with similar fact patterns can reach wildly different conclusions. Between two similarly situated plaintiffs, one could obtain a quick settlement while another could face years of litigation.

Despite these differences, there is a general timeline that applies to every personal injury lawsuit. Unless a case reaches a settlement, this timeline typically results in a trial by jury. The following steps outline the course most lawsuits will take in Georgia.

The Demand Letter

There are steps you must take before you can ever file a personal injury lawsuit. According to O.C.G.A. Section 9-11-67.1, a plaintiff may send a written demand to the at-fault driver or their insurance company prior to filing suit. The law requires the plaintiff to give the other side 30 days to consider the offer in the demand letter.

The Complaint

After the insurance company receives the demand letter, a plaintiff can initiate the lawsuit by filing a document known as the complaint. The complaint lays out your allegations in broad terms. It identifies each defendant and the damage claims you have against them.

Filing the complaint on its own is not enough to move a personal injury lawsuit forward. You must also perfect service against each of the defendants in the case. Once the defendants are formally notified of the claim, they have a set amount of time to file a formal response. This response must address each aspect of your claim and either admit or deny its accuracy. If the defendant fails to answer, the court may enter a default judgment against them.

Often, a defendant will file a series of motions before entering their answer. If there is a fatal error or other problem with the complaint, a court could dismiss the case based on these motions.

Discovery

The discovery phase allows both sides to sift through and evaluate the evidence in the case. Through the use of written questions and depositions, both parties can identify the evidence the other side intends to use at trial. This prevents any unfair surprises at trial.

The Trial

The truth about personal injury cases is that they rarely go to trial. An analysis by the Justice Department of tort cases in federal court found that approximately 2% of all lawsuits ultimately went to trial.

That said, taking a case to trial is often your best chance of obtaining the compensation you deserve. In some cases, the other side will simply not be willing to make a fair settlement offer. In other cases, the defense might not have the assets necessary to settle your claim.

During the trial, both sides will have a say in picking the jury. Each side will also put on evidence, including any witnesses who can help establish liability or prove the amount of damages. In the end, the judge or jury will make the determination on whether or not you will obtain a judgment.

Talk to an Attorney Today

Never take on the challenge of a personal injury lawsuit alone. Let the Georgia attorneys at Williams Elleby Howard & Easter assist you in pursuing the compensation you deserve. To learn more, call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation.

3 Key Considerations When Evaluating a Personal Injury Settlement Offer

Man in professional suit holding a magnifying glass over a document.

For most people, receiving a personal injury settlement offer following an injury in Georgia is good news that carries with it one big question: Should I accept this offer? The following are three key questions to help you evaluate a personal injury settlement.

Will the Amount Cover Your Past and Future Accident-Related Expenses?

The financial impact of an accident leading to personal injuries can be devastating and long lasting. When considering an offer, make sure it covers all your past, current, and future, accident-related expenses including:

  • Past medical expenses;
  • Future medical expenses;
  • Lost wages from time out of work;
  • Future lost wages from impact of accident; and
  • Damage to your caror other property.

If the settlement amount does not, at a minimum, cover these costs, then it is too low. If you were not at fault, you should not be responsible for the costs you’ve incurred as a result of the accident.

How Much Pain and Suffering Has the Accident Caused?

If you’ve been injured in a car crash or other accident, you know that your losses incorporate more than just the financial losses. There’s the physical pain, anxiety, and mental suffering that you endured during your recovery from the accident. The emotional pain and suffering that often comes with having your life change in an instant is often more debilitating than the actual physical injuries. Common post-accident physical and emotional issues include headaches, nerve pain, back pain, insomnia, anxiety, and depression. Although a settlement cannot undo the accident, it should fully compensate you for your losses, including the pain and suffering you experienced.

How Strong Is Your Case?

When deciding whether to accept a Georgia personal injury settlement offer, you should consider the strength of your case. For a variety of reasons, some personal injury actions are harder to prove. If there are substantial hurdles in your case, for example, conflicting accounts of what occurred and no witnesses, then you have a higher risk of walking away with nothing if you turn down the offer and go to trial. In contrast, if you have a strong case, you may get less if you accept a low settlement offer and don’t go to trial.

When in Doubt: Ask Your Lawyer

Whether to accept a personal injury settlement is completely your decision. However, your attorney can help provide you with the knowledge you need to make an informed decision. Ask your attorney whether they think the offer is fair, why they think that, and whether they think you could do better at trial. Attorneys like the ones here at Williams Elleby Howard & Easter, who focus on Georgia personal injury cases, have the real world experience that is necessary to determine whether a settlement is reasonable. They know what is fair and what is not fair and they can help you decide on a counter-offer and negotiate on your behalf.

If you haven’t already obtained a Georgia personal injury attorney, you can still hire one after you’ve received a settlement offer. Contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our caring, experienced attorneys. We’d love to discuss your case, your rights, and your options with you.

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Vehicle Collides Into Piedmont Hospital Leading to a Fatal Injury

Hospital Emergency Room Entrance.

Vehicle Collides Into Hospital

On June 30, 2020, a 75-year-old woman drove her vehicle into the emergency entrance at Piedmont Hospital in Atlanta. The collision resulted in serious injuries for four individuals. A fifth person died in the crash.

The accident occurred at approximately 8 a.m. at the entrance to the emergency department of the Piedmont Hospital. Security video recorded by the hospital shows that the driver collided with another vehicle in the driveway outside of the emergency room entrance. The driver then accelerated, pushing the other vehicle out of the way and launching into the glass doors. The vehicle continued through the doors, striking multiple people before coming to rest against a wall.

The injuries involved in the accident were devastating. In addition to property damage to the facility, multiple parties suffered broken bones and other severe wounds. These injuries could have long-term or even permanent consequences for the injury victims.

The Cause of the Crash

To date, the specific cause of the accident is unclear. While the video of the accident shows the driver accelerating into the building, the police have declined to press any criminal charges. According to their investigation, the police believe that the act was not intentional or criminal. The police report does not give a specific cause either, outside of alleging the driver lost control of the car.

Legal Liability

The cause of the crash could play a role in determining legal liability for the accident. If the driver caused the accident intentionally or through their own negligence, they could face liability for any injuries that occurred. However, if a medical emergency caused the accident, the driver may have a viable defense against a negligence claim.

The driver may not be the only party facing liability in this accident. Questions were raised by one injury victim regarding whether the hospital took all the necessary steps to prevent the accident. The emergency room entrance where the crash occurred lacks any form of posts or barriers that would have stopped the car from crashing into the emergency room doors. This is despite the fact that most of the other entrances at the hospital have some form of barrier designed to prevent vehicles from crashing into the doors. In this case, an experienced premises liability lawyer could help determine whether the hospital may face civil liability.

Contact Williams Elleby Howard & Easter When Disaster Strikes

If you have suffered injuries in a crash, it may be difficult to identify all parties that contributed to your injuries. In some cases, you could be surprised at the number of individuals or entities that bear some responsibility for your accident. The right legal team can ensure you hold every responsible party accountable.

If you believe you are entitled to compensation for your injuries, do not hesitate to contact Williams Elleby Howard & Easter right away. Our team is ready to evaluate your case and assist you with your claim. You can learn more about your options during a free, no-obligation consultation. Contact Williams Elleby Howard & Easter today at 833-LEGALGA to schedule a free consultation as soon as possible.

How COVID-19 Is Impacting Car Crash Injury Claims in Georgia

A closeup of a silver car that has rearended a black car.

The COVID-19 pandemic has affected the way attorneys, insurers, and crash victims handle Georgia car crash claims. From the ability of victims to obtain medical care to how legal professionals handle claims, every area of the Georgia car crash claims process is different.

Fewer Vehicle Accidents

As car accident attorneys and fellow Georgia citizens, one of the changes we are following closely is how COVID-19 is impacting driving in Georgia. As COVID-19 infection rates began to rise in the Spring of 2020, significantly fewer cars and slightly fewer trucks were on the road.

On March 14, 2020, Governor Brian Kemp issued an executive order in which he declared a public health state of emergency in Georgia.  This order has been amended and renewed several times. Shortly after his initial order, Governor Kemp issued additional restrictions that limited public gatherings and closed many businesses that were not considered to be essential. Schools closed and many people began working from home. All of these factors caused Georgia, like many other states, to see a decrease in car accidents.

In the late summer months of 2020, schools began to open, many of the Governor’s restrictions were lifted, and employees began returning to in office work. As a result, Georgia began to see an increase in traffic rates and a corresponding increase in car crashes.

Lower Car Insurance Rates

Less driving and fewer accidents led to car insurance companies reducing rates. Many automatically reduced car insurance rates for a short period of time. However, many have now reverted back to regular rates. If you are driving significantly less than when you obtained your policy, you may be able to renegotiate for a permanent reduction in premiums, or find another insurance company that will give you a lower rate. It is worth making a few calls.

Harder to Find Medical Care

One of the significant downsides to COVID has been reduced access to in-person medical care. This has made it more difficult to keep up with routine preventative care and to find initial and ongoing care after a motor vehicle accident. If you’ve been in a Georgia car accident and are struggling to find the medical care you need, watch this video we put out to learn more:

Fortunately, as we learn more about how to safely open the economy back up, doctors are beginning to increase their availability again.

Licenses Issued Without Driving Test

In late April, Governor Kemp permitted drivers to obtain their driver’s licenses without an in-person driving test. As a result, nearly 20,000 licenses were issued to Georgia drivers without an in-person driving test. Subsequently, the governor announced that those who received a license without an in-person test would need to pass an in-person driving test to maintain their license.

Longer Drives

Although COVID-19 took many drivers off the road during the spring and early summer of 2020, we suspect that for the foreseeable future, it will change how people are driving. There are still fewer daily commuters on the road than there were before COVID-19, but there has been a resurgence in driving for vacation, business, and school related activities.

With flights limited, often expensive, and risky due to the close proximity of passengers, people are taking good old-fashioned road trips for their vacations. This trend will likely continue through the winter holiday season. Longer drives, especially in winter weather, carry risks, and we urge everyone to follow these tips for a safe and fun winter road trip in Georgia.

Delayed Georgia Jury Trials

As the risk of COVID-19 infection began to increase, Chief Justice Harold D. Melton, issued an Order that suspended all jury trials as of March 14, 2020. Chief Justice Melton’s order was issued, in part, to protect Georgia citizens and court personnel from a situation in which they would be forced into close proximity with one another.

An unfortunate drawback to the suspension of jury trials was the inevitable backlog of civil and criminal cases. Without juries to resolve disputes, many cases came to a standstill. Nevertheless, new cases were being filed and this caused tremendous stress and delay for Georgia litigants.

In September of 2020, grand jury proceedings in Georgia resumed. Additionally, Chief Justice Melton is expected to sign an order on Saturday, October 10, 2020 that will allow jury trials to resume. It will take many months or even years for the case backlog to clear so any person with a car crash lawsuit in Georgia will need to be patient and expect it to take much longer than normal for their case to reach trial.

Need a Georgia Car Crash Attorney? Call Williams Elleby Howard & Easter Today

If you have been injured in a Georgia car crash and want to learn more about your options, contact Williams Elleby Howard & Easter at 833-LEGALGA (534-2542) to set up a free consultation with one of our experienced attorneys. We would love to help you navigate your situation during these uncertain times.

Abusive Litigation Lawsuits and Punitive Damages – Supreme Court of Georgia Overrules Decades of Case Law

Litigation and appeals title on a book beside a gavel.

For years, Georgia law has held that plaintiffs in abusive litigation lawsuits may not seek punitive damages under any circumstances. That holding changed in February of 2020, thanks to a decision from the Supreme Court of Georgia.

The decision reversed a ruling from the Court of Appeals that held up the status quo. Now, plaintiffs pursuing compensation for abusive litigation have the right to seek punitive damages as well. Despite that right, there is no guarantee in any case that punitive damages will be granted.

What Is Abusive Litigation?

Because of the costly nature of litigation, Georgia has adopted a law that provides for recourse when a person or business faces a frivolous lawsuit. This law, known as “Liability for Abusive Litigation” provides civil liability for any party that files a lawsuit or continues with litigation in bad faith. According to state law, litigation is abusive if the party to the lawsuit:

  1. acts with malice, and
  2. acts without substantial justification, or the legal action is frivolous, groundless, or vexatious.

To proceed with a claim for abusive litigation, the defendant to the original lawsuit must notify the plaintiff that they intend to do so in writing. This notice must give the original plaintiff an opportunity to dismiss the case or discontinue their frivolous position. If they fail to do so, they could face a lawsuit of their own for abusive litigation. While a successful claim could lead to actual damages, prior case law prevented a person from seeking punitive damages if their abusive litigation claim was successful.

Coen v Aptean

The issue of punitive damages in abusive litigation claims reached the Georgia Supreme Court in the case of Coen v Aptean. In the case, plaintiff Coen and his employer were embroiled in litigation for years. Ultimately, the cases were decided in Coen’s favor. Coen then sued Aptean for abusive litigation and sought punitive damages. The trial court and the Court of Appeals both blocked Coen from seeking punitive damages, and the issue went to the Georgia Supreme Court. According to the Supreme Court, punitive damages are available as long as the claim for abusive litigation was not based on damages for injuries to happiness, peace, or feelings. The court held that outside of that narrow limitation, punitive damages were not a form of impermissible double recovery and were available in these cases.

How the Decision Impacts Current Law

The primary impact of this decision is fairly clear in that it allows most plaintiffs pursuing a claim of abusive litigation to seek punitive damages as part of their recovery. However, the decision could have other far-reaching consequences. The court confirmed that the phrase “all damages allowable by law” was as broad as many plaintiffs have long argued, which could mean statutes with that language allow for the recovery of attorney’s fees.

Discuss Your Claim With Williams Elleby Howard & Easter

The law surrounding a plaintiff’s right to recovery continues to change. Given the constant updates to statutes and case law, it is crucial that you seek the guidance of experienced legal counsel before pursuing any legal claim. To discuss your options, call 833-LEGALGA to schedule a free consultation with Williams Elleby Howard & Easter.

Do I Have to Provide Insurance Companies With My Medical Records?

Yellow folders with the words medical record on them and a stethoscope laying on top of the folders.

Automobile accidents happen in the blink of an eye, but the consequences of them, even when you are not at fault, last much longer. The physical and financial recovery from automobile accidents can take months to years. Dealing with insurance companies is often one of the more stressful parts of the experience.

As well-known Georgia personal injury attorneys, we often get asked whether insurance companies have to be allowed access to your medical records after an accident. The answer depends on which records they are seeking.

Insurance Companies Can Get Some Medical Records

If you’ve been in a Georgia motor vehicle accident with injuries and are seeking compensation for those injuries from your insurer, or another driver and their insurer, you will have to show documentation of your injury. Since your injury is at issue, insurance companies will be allowed some access to your medical records.

The purpose of permitting insurance companies access is to allow them to investigate the truth of your claim. The records they may review are those that could be relevant to your Georgia automobile accident claim. While insurance companies should be allowed to verify your claim, they’re known to overreach, get more of your medical records than they are entitled to, and try to use them against you.

Be Cautious of Medical Record Requests

Insurance companies hope to find some pre-existing injury in your medical records to point to as the cause of your injuries, rather than it resulting from the Georgia motor vehicle crash. For example, if you suffered a neck injury, an insurance company may try to blame it on a sports injury you suffered 10 years prior. They will look for anything in your medical records to support their position. Seemingly innocuous doctor’s visits from the past can be turned against you.

Insurance companies have tricky ways of getting these records, such as having you sign a medical record authorization form that is very broad or lacks proper HIPAA language, or requesting more records than they are legally entitled to in the hopes you will turn them over voluntarily because you don’t know you can deny the request. We recommend that you always consult with an attorney before granting an insurance company’s medical record request. An attorney can help you understand what requests are proper.  If any requests are not proper, the attorney can help you file the proper objectives and protect your medical privacy.

If you have been injured in a Georgia motor vehicle accident and are worried about pursuing your claims because of medical privacy concerns, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our caring, experienced attorneys. We’d love to discuss your case, your rights, and your options.

Back to School in the Age of COVID-19

Close-up of a kids face wearing a blue face mask in front of a blurry view of a classroom in the background.

August usually brings the excitement of a new school year.  Aisles at local department stores overflow with reams of lined paper, packets of highlighters and pens, and brightly colored spiral notebooks.  Children fill their last days of summer with sleepovers, ice cream, and hours by the pool before they are back in the classroom for eight hours a day. 

This year, however, August brings much uncertainty as the spread of COVID-19 has led to a life-altering pandemic.  Many Georgia public school districts, including Cobb, Fulton, Clarke, and Dekalb, have decided to begin the semester all virtually in an attempt to slow the spread of COVID-19.  Other districts, like Paulding, are going forth with in-person learning, with enhanced safety measures reflecting CDC guidelines.  Private schools are also struggling with how to proceed during these uncertain times. In addition, childcare services for children five and under have drastically reduced their capacity with many centers closing due to concerns over the spread of the virus.  Most that remained open also diligently follow enhanced safety measures provided by the Georgia early education department, Bright from the Start. 

Considerations When Choosing a School/Daycare Facility

Prior to COVID-19, parents already had much to consider when determining which childcare or school program was best for their children.  For younger children, Bright from the Start, the Georgia pre-kindergarten program, provides parents with a checklist of considerations, but these considerations are also applicable to parents of K-12 students.  Considerations include the following:

  1. Will my child be safe, healthy, and thrive?
  2. What will my child do during the day?
  3. How are parents included?
  4. What will my child eat and when?
  5. How are staff supported?
  6. Do I agree with the discipline policy?
  7. What is the cost of care?

While these considerations are still important for parents, a few more have been added to the due to COVID-19.  Adherence to CDC guidelines is at the forefront of the checklist.  Parents must now make the choice between virtual learning and in-person learning.  Parents are looking at class sizes, mask requirements, and social distancing measures both public and private schools are taking to slow the spread of COVID-19. 

When determining where to send their child to school, it is important for parents to remember that sovereign immunity applies to the Georgia public education system.  Under Article I, section II, paragraph IX of Georgia’s state constitution, it states “sovereign immunity extends to the state and all of its departments and agencies.”  This constitutional provision provides immunity to the Georgia Department of Education (DOE) from negligence claims against faculty and staff members of the department.  This means that if a child were to contract COVID-19 at school, whether or not the school was negligent in following CDC guidelines, parents cannot file suit against the school system. 

Even though there is sovereign immunity, public elementary and secondary education schools are provided the right to purchase liability insurance pursuant to O.C.G.A. § 20-2-991.  It is not explicitly required; therefore, it is important to consider whether or not one’s school board has purchased liability insurance.  Some school districts are self-insured while others have purchased liability insurance. Regardless, contracting COVID-19 will not be covered by liability insurance as there is no direct way to prove that one’s child became sick while at school.  Still, it is important to research liability insurance as a general consideration for school selection because the presence or absence of liability insurance is a big deal for auto-accident claims involving a school bus.

Similarly, daycare facilities are strongly encouraged but not required to purchase liability insurance.  Under O.C.G.A. § 20-1a-4, facilities that have not purchased liability insurance to cover events of negligence are required to post this fact in a prominent location and notify all parents.  Parents are also required to sign a form acknowledging their understanding that the facility has not purchased liability insurance.  Once again, it is unlikely contracting COVID-19 would fall under the coverage of liability insurance, but it is still important to consider as accidents at school are bound to happen, no matter how diligent the providers.  

Additionally, many local private schools are opening to in-person learning while taking extra precautions to do so. One example is Casa Montessori in Cobb County. Private schools have more flexibility than public schools and some cases are better suited to implement CDC guidelines to ensure a safe environment for returning school children.

How Governor Brian Kemp’s Executive Order Impacts Schools/Daycare Facilities 

On June 29, 2020, Governor Kemp renewed the public health state of emergency, extending the emergency until August 11.  Additionally, Governor Kemp updated Executive Order 06.29.20.02 titled “Empowering a Healthy Georgia.”  This order provides guidance for how citizens and government alike should combat the public health crisis of COVID-19.  Section VII focuses on how to protect children while still providing educational opportunities throughout the pandemic.  

The order allows school boards to depart from the traditional definitions of school year, month, and day detailed under O.C.G.A. §20-2-160(c)(2), providing flexibility for schools to determine for themselves how best to handle preventing the spread of COVID-19.  As of now, some counties have opted for virtual learning, where “independent study” will take place in the morning hours and classroom study over Zoom will take place in the afternoon.  Shortened school days are permissible under this order.

Governor Kemp’s order also provides a list of suggestions for how schools proceeding with in-person learning can protect their students from the spread of COVID-19.  These suggestions include screening for COVID-19 among individuals exhibiting symptoms, disinfecting surfaces often, encouraging outside lunch, discouraging students from using other students’ items, and requiring individuals who exhibit symptoms to not report to school.  It is strongly recommended for schools to follow this protocol; however, the order does not specifically require schools to follow this guidance.

In addition to providing recommendations for elementary and secondary education facilities, the order also details the running of daycare facilities.  Daycare facilities must adhere to the worker-child rations set forth by Bright from the Start.  Under Bright from the Start’s COVID-19 regulations, only 50 children, faculty, and staff can be in a single room at one time.  Not only must ratios be followed, extraneous transportation to and from the facility must cease.  The only transportation permitted under the order is transportation to and from the child’s place of residence.  Additional requirements, not suggestions as for elementary and secondary education, include screening children prior to them entering the classroom, restricting parental access to the classroom, having meals in the classrooms, not using toys that cannot be sanitized, and sanitizing bedding.  Parents can also look to the Bright from the Start’s COVID-19 page for more information on specific regulations. 

Considering the continued increase in COVID-19 cases, it is likely the public health emergency will be extended after August 11 and require another update to the executive order on “Empowering a Healthy Georgia.”  Parents should continue to stay up to date on orders published as they have a direct impact on their child’s education. 

How to Protect Your Child from COVID-19

There is no perfect solution to protect children from possible exposure to COVID-19 once they return in in-person learning. The risks can be minimized, but not eliminated. This is especially true for younger children who have difficulty understanding the importance of wearing masks and social distancing.

With that in mind, it is important for parents to teach their children how to protect themselves against contracting the virus.  First, parents should encourage their child to wear a mask while at school.  Many schools are requiring masks, but even if they are not, masks are important in helping to slow the spread of the virus.  Parents might worry about if their child can comply with wearing a mask for long periods of time; however, there are ways for children to become comfortable with wearing one.  Parents, prior to school beginning, should practice wearing a mask with their children.  Increase the amount of time per day the child wears the mask until they are fully comfortable wearing it for eight hours at a time, as they would during school.  Additionally, you can teach children how to properly take on and off the mask without touching their faces.

A second way for parents to protect their children is to teach their children how to properly social distance.  Children will likely look forward to seeing their friends for the first time since in-person learning ended in mid-March, so it is important for parents to emphasize to their children to avoid, they best they can, any unnecessary contact or close interaction with other children and teachers. Anyone with children will understand the difficulty in this approach, but simply reminding the children of the importance of social distancing will have an impact. Parents can also teach their children different, non-contact, ways to greet classmates and practice playing games without touching one another.

Third, parents can pack their child’s lunch rather than relying on school-prepared lunches.  This will limit the amount of people involved in handling the child’s food and the amount of surfaces the child must touch prior to getting the food.  The surfaces include opening the fridge to get milk, grabbing the tray, and punching in their lunch number on the pad.  Parents should also practice opening lunch items with their child prior to the start of school and pack easy to open food packaging.  Once again, this will reduce the amount of hands that touch the child’s food.

Lastly, parents should pack portable hand sanitizers and anti-bacterial wipes for their child.  In addition to encouraging frequent hand washing and sanitizing, parents should teach their child to wipe down surfaces.  Students should sanitize their desk each morning, the lunch table they are eating at, computer keyboards they are using, and any other surfaces that other individuals will be touching as well.  It is important, in an attempt to prevent further spread of COVID-19, for students take proactive measures to protect their own health.

These are just some suggestions for protecting children while attending in-person classes.  This is by no means an exhaustive list and parents should take into consideration risk factors, including asthma and autoimmune disorders, when deciding how to approach this school year.

School Buses

The return of in-person instruction brings more concerns than just those of the classroom and school building.  In-person instruction brings with it the use of school buses.  The Georgia statutory code (O.C.G.A.) details provisions concerning school buses and the liability associated with them.  O.C.G.A. § 20-2-1090 authorizes school districts to create insurance policies to insure students in the event of an accident. Additionally, O.C.G.A.  § 40-6-163 requires vehicles to stop when children are getting on or getting off school buses, and in turn penalizing drivers who do not.  The pieces of legislation do not waive the sovereign immunity detailed by the Georgia’s constitution, but, rather, find ways to provide compensation for potential injuries without the school board accepting liability for negligent actions.

As school buses are under the control of the school district, school bus drivers also enjoy the same sovereign immunity as other county employees.  With this said, it is up to the individual students to protect themselves from exposure to COVID-19, as there is no redress for negligent infection on the part of the bus driver.  Even under the best of circumstances, it is hard to control the spread of a simple cold or the flu when children are confined to such a small space.  Parents should encourage their children to space out as much as possible, wear a mask, and wipe down their seat before sitting down in order to ensure the least amount of contact with germs.

Parents’ Choice

The start of school will be a new experience for parents, students, and teachers alike.  Whether school is virtual or in-person, the risks of contracting COVID-19 impact the education-related decisions that parents make for their children.  In addition to the typical considerations of private versus public, liability insurance, and academic curriculum, parents must now consider how facilities are addressing CDC guidelines and how to best protect their child from contracting the virus.  Parents must look to executive orders, policies and regulations posted by school boards and Bright from the Start, as well as individual classroom functioning.  All of these considerations are understandably overwhelming for parents, but hopefully this post provides ample resources for making an informed decision.  The following resources are excellent sources of information on COVID-19 and requirements for in-person schooling:

Resources

Executive Order 06.26.20.02

https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders

Bright from the Start, COVID-19 Protocols

http://www.decal.ga.gov/BFTS/Covid19.aspx

Georgia Department of Education, COVID-19 Protocols

https://www.georgiainsights.com/coronavirus.html

Georgia Personal Injury Lawyers Offering Free Consultations

As Georgia citizens navigate through these uncertain times, the Williams Elleby Howard & Easter legal team wants everyone to know that we are working hard to keep our offices clean and sanitary for our clients and visitors. If you or a loved one have been injured due to someone else’s negligence, we offer free consultations with our lawyers. The consultations can be in person, by phone, or virtually by Zoom. If you prefer in person meetings, please be aware that a face mask is required for the safety of our staff and guests. Simply call 833-LEGALGA (833-534-2542) to set up your consultation today.

Is It Against the Law to Not Wear Face Masks in Georgia During the COVID-19 Pandemic?

A large syringe and a citrate tube both labeled COVID-19 in front of a blurry view of a COVID-19 molecule.

What Does the Georgia Government and CDC Recommend?

As the number of positive COVID-19 cases, hospitalizations, and deaths rise in Georgia, many of us are reaching for our face masks as we enter the workplace, run our errands, and enjoy our favorite activities. While many Georgians are willing to wear their face masks to protect themselves and others from the spread of infection, some residents choose not to. This has left many Georgians wondering what the laws and recommendations are for wearing face masks.

Local and State Enforcement

Recently, several cities and counties in Georgia created their own face mask mandates. For example, Atlanta Mayor Keisha Lance Bottoms signed an executive order on July 8th requiring residents and travelers passing through Hartsfield-Jackson International Airport and within Atlanta’s city limits to wear face masks inside commercial buildings and when social distancing is impossible. Exceptions to the order include children under 10, people with medical conditions, and when people are in their own vehicles. Residents and visitors in violation of the order can receive a citation or even be arrested. If arrested and convicted, the offender may have to serve 6 months in jail or pay a fine of $1,000.00.

Other cities and counties around Georgia that passed their own face mask mandates include Athens Clark County, Avondale Estates, Brookhaven, College Park, Decatur, Dekalb County, Doraville, Dunwoody, East Point, Fairburn, Savannah, South Fulton, and Union City.

The individual city and county mask mandates came to a grinding halt on July 15th when Georgia Governor Brian Kemp signed an executive order blocking local governments from issuing face mask mandates that are more restrictive than his executive order. Governor Kemp is encouraging the wearing of face masks outside the home but not requiring them, which is in direct conflict with many local mandates. His executive order makes the local mandates unenforceable, but some cities remain defiant. The governor is currently suing Mayor Keisha Lance Bottoms for continuing to impose the city’s more restrictive face mask mandate.

CDC Recommendations

Face Coverings

Currently, the CDC is recommending that anyone over the age of 2 wear a cloth face covering when out in public, when around others who do not reside in the same household, and when a social distance of 6 feet cannot be maintained. The CDC specifically mentions “cloth” face coverings in an effort to reserve surgical masks and N95 masks for first responders.

Unless seeking medical treatment, those who have been diagnosed with COVID-19 or are suspected to have the virus should remain at home. Sick family members should isolate themselves in one area of the home to avoid contact with other members of the family and pets. The infected person should wear a mask when interacting with others, including at home. Care givers should also wear a mask while caring for a sick family member in addition to frequently washing their hands, sanitizing surfaces, and avoiding touching their face.

Going Out in Public

The CDC informs us that there are potential risks involved with going out in public right now. The more people we are around and the longer we are around them, the higher our chances are of contracting COVID-19. In an attempt to make our public outings safer, we should make sure we are wearing cloth face coverings, socially distancing at a distance of 6 feet apart, choosing activities in outdoor spaces, and practicing good hand hygiene. The CDC also put forth guidelines and operating procedures for restaurants, pools and beaches, and amusement parks to help us stay safe during outings.

When accessing a restaurant, to decrease the risk of infection, the CDC recommends that patrons continue to wear face coverings when not eating and drinking and continue to maintain a safe social distance. If possible, dining outside is preferable. Staff members should be required to wear face coverings. The restaurant’s bathrooms should be adequately supplied with soap to enable patrons to wash their hands when entering and leaving the restaurant. The CDC rates restaurants that are only using the drive-thru, curbside pick-up, and delivery options as having the lowest risk for transmission of the virus. Restaurants that pose the highest risk are those that are not practicing social distancing and allowing for both inside and outside dining.

If you decide to access pools and beaches, the CDC recommends face coverings when not swimming in the water. Although there is currently no evidence showing the transmission of COVID-19 through water at pools and beaches, these venues should also be taking extra safety measures. Some of these measures include cleaning and disinfecting frequently touched surfaces, such as railings and lounge chairs, and properly washing and sanitizing towels, if provided to patrons. Pools and beaches should be posting signs as to how to stop the spread of the virus and promoting social distancing in and out of the water.

When accessing amusement parks, make sure to following the CDC’s guidelines for wearing face coverings, social distancing, and practicing good hand hygiene. One can also make sure that the CDC’s recommendations for the safe operation of traveling amusement parks and carnivals are being followed. Some guidelines include the staff wearing face coverings, frequently washing their hands, and staying home when sick. Signs should be posted as to how to reduce the transmission of the virus in addition to PA system announcements and messages on social media. Surfaces should be frequently cleaned and disinfected, including those used by patrons during games, such as balls, hammers, and toy guns. Lines should be eliminated whenever possible, or there should be signs or tape on the ground to keep patrons 6 feet apart. Rides and attractions should have reduced seating capacity to further promote social distancing.

Can Georgia Businesses Be Held Liable if Customers Contract Covid-19?

As businesses reopen and try to get back to a new normal, there are some concerns about whether customers can sue if they contract the virus at a business. To avoid this issue, some business owners have begun asking customers to sign waivers of liability or releases to protect their businesses from lawsuits. It would be difficult to prove that someone was infected with the virus at a particular business location when there is up to a 2 week incubation period. Proving that a business did not follow operating guidelines set forth by the CDC would be less of an uphill battle.

However, on June 26, 2020, the Georgia General Assembly passed Senate Bill 359 which will protect businesses, health care providers, and others from civil lawsuits results from COVID-19 infections. There are exceptions based on gross negligence, wantonness, and intentional acts. Businesses also need to post a warning sign at the entry point that includes specific statutory language in the size and font specified in Senate Bill 359.

Some businesses are taking matters into their own hands and requiring patrons to wear face masks if they want to enter the property and posting their policies on their website letting visitors know they are responsible for assuming the risk of contracting the virus. Six Flags Over Georgia, for example, developed and posted its own health and safety plan that follows the CDC guidelines. Some of their policies include the wearing of face masks, except when riding water attractions, and temperature checks as guests and employees enter the park. Their health and safety policy clearly states that they cannot promise guests will not be exposed to the virus during their visit. If guests decide to visit the park, they are agreeing to take on that risk, which is a way for the park to protect itself during the pandemic.

What Should I Do if I Am Not Legally Required to Wear a Mask?

During these unprecedented times, try to keep yourself and your family safe by following Governor Kemp’s executive orders and the guidelines set forth by the CDC. Wearing a face covering when leaving your home, although not legally required in Georgia, is an easy and effective way to slow the spread of COVID-19 and is highly recommended. If you are visiting restaurants, pools, or amusement parks, make sure these businesses are following the CDC’s recommended operating guidelines.

If you feel that you sustained an injury that was a result of someone else’s negligence during this difficult time and to see if you may have a legal case, please contact Williams Elleby Howard & Easter at 833-LEGALGA (833-534-2542) for a free consultation. We look forward to hearing from you.