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Facts About Lost Wages and Income in Injury Lawsuits

Just because you are injured doesn’t mean you should lose out on your salary or source of income. Here are some facts you should be aware of if you wish to file a Workers’ Compensation Claim or wish to recover lost wages in an injury lawsuit in Atlanta, Georgia

You Have to Prove ‘Lost Wages’

‘Lost wages’ are basically economical damages, which means you can place a dollar amount on the wages you lose after you are incapacitated. To be eligible for the compensation, you will have to prove the amount you lost.

The first thing you need to do is keep track of any medical documents you receive, proving you have work restrictions. This includes written notes from your doctor(s) saying you cannot return to your job, along with the timeframe of your recovery period. Both you and your employer should have a copy of these documents for your records.

Secondly, make a list of the time you missed when you were recovering from your injuries by keeping track of time used for your doctor’s appointments. This will serve as proof of lost wages and can also allow you to show the dollar amount you lost post-accident.

If you have no choice but to take extended time off due to your injuries, you can also use your tax records to prove lost wages. Make sure you also get a lost wage certification from your employer, documenting the exact time you missed from work, as well as your existing salary amount.

You Can Get Compensation for the Time You Missed Out on Work

If you have an attorney who is experienced enough to ensure your accident claim is a success, you should be able to receive compensation for wages you lost. This includes the dollar amount you lost as you were recovering at home or in the hospital, as well as for when you visited the doctor for your appointments and for physical therapy sessions. Most people don’t know this, but you can also use up your sick or vacation leaves and receive full compensation for the income you lost.

If you were injured in a car accident in Atlanta, Georgia and the at fault insurance company is refusing to compensate you for your lost wages, get in touch with the attorneys at Shani O. Brooks P.C. You need that money to support yourself and your family and we can help you get it with fair and aggressive representation.

You’ve Been in an Accident and Your Car is Totaled, Now What?

Totaling a vehicle in an accident can be devastating – not only financially, but as well as emotionally. If you spent years saving up for the vehicle, only to see it totaled later, your anger is justified. The good news is you can get compensated for the damages. To increase your chances of claiming damages, here are some things you should do right your vehicle accident.

Call a Towing Company – Since the vehicle is totalled, it is probably not drivable. Call the towing company to tow it to a place of your choosing such as a body shop or a salvage yard near your home. If they are accessible from the totaled vehicle, make sure all your personal belongings are removed before the vehicle is towed.

Take Pictures – The other driver’s insurance company will need to be convinced that your vehicle is a total loss. Take pictures of the vehicle from every angle and present it as proof – preferably before it is towed away. If you are too injured to do so, ask a friend or a witness to do this.

Take the Vehicle to a Repair Shop – If the vehicle can be repaired, you can and should take it to a repair shop of your choosing.

What is ‘Total Loss’?

According to Georgia Law, ‘total loss’ or totaled is used in car claims where the expenses for repairing a totaled vehicle is more than what it is worth. This will also be the case if the cost to get the vehicle repaired is a certain percentage of its value. This is usually 70 percent or greater.

While the state of Georgia does not have a formal legal definition for such cases, the term ‘totaled’ is used to determine whether the vehicle needs to be repaired or replaced. If it is a complete and total loss, the insurance company of the other driver must pay you the replacement value of the vehicle.

This can go one of two ways. Either the insurance company will pay you the cash equivalent of the totaled vehicle or replace the vehicle – provided it is insured. However, chances are the insurance company may not be as cooperative as it should be. In that case, you should hire an attorney to ensure you get the compensation you deserve, but do so quickly or you may lose out.

If that is the case, get in touch with the attorneys at Shani O. Brooks P.C. We represent injured victims in Atlanta and across the state of Georgia and have no qualms about confronting insurance companies on their own turf if need be. Get in touch with us for a consultation today.

Does Insurance Cover an Atlanta Rideshare Accident?

If you use ride sharing apps regularly in Atlanta, Georgia, you are protected the moment you get into the vehicle until you are dropped off at your destination. This is important because even though services such as Lyft and Uber have increased in popularity, so have the number of accidents they are involved in. Here is how you are covered by both services in case the rideshare vehicle you are traveling in gets into an accident.

Insurance That Applies For Uber Accidents

All Uber drivers are given liability insurance and their passengers also have uninsured motor coverage – courtesy of the ridesharing service. If a driver has not accepted a trip request and does not have any passengers, he/she gets liability insurance amounting to $50,000 for bodily injuries per person. This includes $100,000 per occurrence and $25,000 to cover property damage.

If the driver accepts a trip, that is when additional insurance applies. After the trip is accepted, Uber provides the driver more than $100,000 liability insurance and the same amount for uninsured motorist coverage. If the driver is found to be at-fault for an accident, the former insurance will come into play. If someone else caused the accident and does not have insurance, the second one will apply.

Insurance That Applies For Lyft Accidents

Like Uber, Lyft also offers its drivers liability insurance and uninsured motorist coverage for them, as well as their passengers. If the driver is in drive mode, but has not picked up their passenger, the ride sharing service offers contingent liability insurance if the driver’s insurance is not available.

This includes coverage amounting to $50,000 per person and about $100,000 per accident – if the accidents result in injuries. $25,000 is offered for property damage. As soon as a request is accepted, primary liability insurance and uninsured motorist insurance come into play throughout the ride until it ends. This can amount to $1,000,000 per accident.

So if you are injured in a ride sharing service in Atlanta, you should notify your insurance company immediately. If you delay, you may lose out on the compensation you deserve. Can you really afford to pay for surgery and car repairs out-of-pocket? If you have been injured in an accident or want to ensure your injured passengers get the compensation they deserve from the other driver, get in touch with Shani O. Brooks P.C. for a consultation today.

Georgia Fault Laws Pertaining to Car Accident Cases

Georgia follows a fault-based system. In other words, any driver who causes an accident on the road because of negligence can be held liable for property damages resulting from the accident. Individuals injured in the accident can receive compensation in three (3) ways:

1. By filing a claim with their insurance company, which will seek compensation from the of the at-fault driver’s insurance company.
2. Directly file a claim with the other driver’s insurance company.
3. Sue the other driver in civil court by filing a personal injury lawsuit.

After examining the circumstances and evidence surrounding your case, a car accident attorney will let you know which option is in your best interest.

To ensure you get the compensation you deserve, you should take certain steps to report the accident right after it occurs – if you are able to. Even if there are no injuries, take pictures of everything at the scene of the crime as evidence. This includes the damages sustained by both vehicles.

Plus, do not leave the area until police arrive and make a report. You are legally required to remain there. It does not matter if you were the primary cause of the accident or not. It is also important to note you can be held liable if you are found to be under the influence of alcohol or drugs during the accident.

If you decide to file a claim to receive compensation for injuries, you have two (2) years to do so or risk forfeiting it. The claim must be made within two (2) years from the date of your injury. If your car sustained damages, you have four (4) years to file a claim to receive compensation for your property damage. Just informing the insurance company about the accident will not count. You must file a personal injury claim in court within two (2) years of the accident to sue for damages.

If you are looking for a personal injury attorney in Atlanta, Georgia, get in touch with us at Shani O. Brooks P.C. today. We offer custom representation and personalized attention to ensure our clients receive the compensation they deserve.

Merging and Semi-Trucks

Semi-trucks look monstrous on the road. Getting into an accident with one is the last thing you want to do. Unfortunately, such incidents are not uncommon in Georgia, which has strict driving laws, which should keep other drivers, bicyclists and pedestrians safe on the road.

Most of these accidents occur due to driver errors, the most common being ‘right of way’ violations. The term is used to determine which driver should change lanes, enter roadways, take turns, move across intersections and merge into traffic on the road. If truck drivers make those violations, the accidents that result from them are usually fatal. These are common when they are trying to merge into traffic.

How Merging Should Work and What Can Result from An Accident

When you want to merge into traffic, you need to signal your intent to do so before entering traffic and other drivers should give you the right of way. While they don’t need to come to a complete stop or even slow down, they shouldn’t speed up with the intent to prevent you from merging.

You should also make sure you have enough space to merge into traffic prior to merging. Semi- truck drivers can have more difficulty merging because they have several blind spots because their vehicle takes up much more space than a car.

A merging accident can involve a simple side swipe, which can make the driver lose control of their vehicle, run off the road and strike another vehicle.

However, a merging accident with a semi-truck can have more serious consequences. You can sustain serious injuries, permanent scarring, disfigurement and even paralysis. If you are bedridden after the accident, you can lose your job, wages and must endure immense pain and suffering from injuries and trauma from the accident.

Common Causes of Merging Accidents

Driver Inattention – This is one of the most common reasons for merging accidents and particularly those involving trucks. Drivers who are tired, focused on their cell phones, which comes with a hefty fine, fiddling with the electronics in their cabin or distracted by anything else, can change lanes without giving heed to other vehicles on the road.

Limited Visibility – Tractor trailers have several blind spots with two of them on the sides. As such, drivers can cause an accident because truck drivers cannot see other vehicles when merging. However, the latter is at fault since most of these accidents are caused by a distracted truck driver. As such, they need to check whether any other vehicle is in their blind spots before changing lanes or merging.

If you or someone you know has been injured in an accident involving a commercial truck in Atlanta, you need a knowledgeable and experienced attorney in your corner. Get in touch with us today at Shani O. Brooks P.C. Attorneys at Law and get the compensation you deserve. Allow us to help you protect your rights during this difficult time.

What You Need to Know About Making a Wrongful Death Claim in Georgia

Losing a loved one because of someone else’s negligence can be devastating, but the state of Georgia doesn’t let the guilty party go scot-free. According to state law, a wrongful death is a death caused by another party’s negligence, whether it is a person, a business or an entity. By negligence we mean a failure to use a reasonable amount of care despite there being a duty to do so and which caused harm to another.

A wrongful death claim can also be treated as a typical personal injury claim since negligence has to be proven in that case as well. The difference is that in the former, the injured party is not available to make a claim in court. That responsibility falls on their family members or personal representative of the deceased individual’s estate.

If the deceased is survived by a wife/husband, the spouse has the right to make a claim on their behalf and the surviving children can also file the lawsuit if they don’t have any other parent. In case the deceased has no children or a spouse, then their parents or guardians (if the deceased was a child) can make a claim.

The Role of ‘Full Value of Life’ In A Wrongful Death Claim

Wrongful death claims in Georgia are determined by measuring the ‘full value of life’ of the deceased. It is divided into two sections. The first includes the family, relations and the reason for living of the deceased and the second is the money he/she may have earned if they were still alive as well as the household jobs they may have handled.

Besides these tangible claims, the family of the deceased also can file a wrongful death claim for the estate of the deceased. This means they can also demand compensation for the pain and suffering they experienced because of their tragic loss.

Statute Of Limitations on Wrongful Death Claims in Georgia

Like all claims, the surviving dependents of the deceased have limited time to bring this case to court. This is called the statute of limitations, which is two (2) years from the time of the person’s death in the Georgia. In other words, if the claim is not filed during this time, the claimants cannot legally make a claim.

However, if the wrongful death was the direct result of a criminal case the court is dealing with, that time limit can be extended until the case has been taken care of. An experienced attorney can help you understand your rights when you are making your claim.

If you have lost a loved one because of the negligible actions of another in Atlanta, Georgia, get in touch with Shani O.Brooks P.C. Attorneys at Law and book a consultation. Allow our skilled team to help you and your family get the closure and compensation you need during this tragedy. All our case evaluations are 100 percent confidential and completely free of cost.

What to Do If You Are Involved in a Multi-Vehicle Car Accident

Being involved in a car accident can be devastating and being in a multi vehicle accident can lead to tragic consequences. Unfortunately, determining who is at fault in a multi vehicle accident can be difficult, but you can ensure your safety by taking a few steps.

What Constitutes a Multi-Vehicle Accident?

Most car accidents involve rear-ending. If only two vehicles are involved in the incident, the damage can be somewhat minimal. However, if there is a line of cars traveling too close, a pile-up is likely. In this case, the driver at fault may be held liable for all damages sustained by the other vehicles.

Since Atlanta follows a modified comparative negligence formula to pinpoint liability, all drivers involved in the multi car accident may share the blame. Simply put, this law states if the liable driver was less than 50 percent at-fault for the accident, they can receive compensation – but the amount will be reduced according to the percentage of their responsibility. For example, if they are 10 percent liable, the amount they receive in compensation will be reduced by 10 percent.

To determine the liability or that percentage, here are some things you should do after the accident:

1. Contact the Police and Exchange Information

After checking for injuries, call the police right away. Before they arrive, exchange your information with the other drivers, getting as much information about the scene of the accident as you can.

2. Document the Accident

Document as much of the scene of the accident you can by taking pictures of the damaged cars and injuries other drivers and passengers sustained, taking videos of eye-witness accounts and getting their contact information. The more evidence you have, the stronger your case will be when it comes to determining liability.

3. Tell Your Story and Get the Police Report

Once the police arrive, calm yourself before telling them your side of the story. An emotional response will only confuse them and they may turn to the other drivers first. After giving your account, get in touch with your insurance provider to update them. Make sure you also get a copy of the police report and other findings, which prove whether any of the other drivers violated a traffic law.

A multi vehicle accident can be overwhelming for victims but the faster you make a case, the faster you can be compensated for damages. Just make sure you do this before the statute of limitations runs out or you may have to pay out-of-pocket.

If you or someone you know has been involved in a multi car accident, you need an experienced auto accident attorney in your corner to help you through it. With more than 10 years of experience in the field, at Shani O. Brooks P.C, we do not back down when faced with aggressive opposition in court. Take back control of your life and get the compensation you deserve by getting in touch with us today for a consultation.

Defining Road Rage

If you are late for work and caught in traffic, you will naturally feel frustrated and angry. However, if that frustration turns into road rage and someone gets hurt because of the actions triggered by it, you can be held liable for damages in Atlanta. That’s because Georgia is an ‘at fault’ state and reckless driving is considered to be a misdemeanor crime.

A driver can be charged with misdemeanor if he/she is caught recklessly driving with complete disregard of another person or property. This is pretty much the definition of road rage and the crime carries hefty fines, as well as serious jail time.

What is Road Rage?

According to the Department of Motor Vehicles, road rage is any form of violent or aggressive behavior, which originates from uncontrolled anger triggered by other motorists. Common displays include the following:

• Tailgating
• Deliberately hitting another vehicle out of anger
• Screaming or honking at other motorists
• Refusal to yield to another vehicle
• Flashing headlights to aggravate other drivers
• Driving more than 75 mph on a two-lane road or 85 mph or more on the highway or a single road. This is where Georgia’s Super Speeder law comes into play.

Drivers who are charged as super speeders must pay $200 in fines, as well as additional court and ticket costs within 120 days of being charged. Failure to do so can result in a suspended driver’s license. In that case, the driver has to pay an additional $50 as a late fee along with the $200 fine to get their driver’s license back.

The fines and charges may seem harsh, but they are important to ensure drivers think twice before acting on their emotions while driving. This includes a $5,000 fine and up to 12 months in jail. Aggressive drivers who are 21 years of age or older can get their driver’s license immediately revoked – especially if their actions resulted in a fatal or injurious accident. This includes drivers who caused injuries or worse while they were driving under the influence of alcohol or drugs.

If you or a loved one was injured because of someone’s negligent or aggressive driving on the streets of Atlanta, Georgia, get in touch with our attorneys at Shani O. Brooks P.C. We handle each case in meticulous detail and this includes investigating the accident and scene of the crime thoroughly.

Aggressive Drivers Often Cause Accidents on Atlanta’s Roads

The number of aggressive drivers on the road has significantly increased over the past 10 years. Just last year, speeding killed close to 9,300 people. You may not even know you are being targeted by an aggressive driver. Here are some signs a driver is a danger to other motorists:

• Tailgating
• Encouraging other vehicles to a race
• Using a cell phone while driving
• Overtaking cars via side lane or by going over a pavement
• Cutting off or braking in front of another motorist as retaliation for thinking the other driver insulted them
• Running through red lights or a stop sign
• Speeding

These actions are not only done on purpose, but they also significantly increase the chances of dangerous or fatal accidents. Not only for other motorists – but also pedestrians.

Aggressive driving is not the same as road rage, which is a deliberate act where a driver tries to injure or kill another driver, a passenger or someone on the road. If convicted of this crime, it can lead to serious jail time and even the death penalty – if intentional actions caused another individual’s death.

If you come across an aggressive driver or are followed by a driver who is experiencing road rage, if you panic or get angry, it will only impair your judgment. Here are some things you can do to:

• Try to get quickly out of the driver’s way
• Do not try and speed up to escape or race them – that will only escalate the situation
• Do not confront them. Avoid eye contact and refrain from making rude gestures
• Pull over and call the police to report the driver – it can save other people on the road

Speed limit signs are not suggestions. They are there to ensure you live to see another day and to protect other drivers on the road. However, if you have been injured by an aggressive driver who ignored them, you have the right to seek damages.

This is where Shani O. Brooks comes into the picture. We represent injury victims in Atlanta and across Georgia and will ensure your case is given personalized attention. Please do not hesitate to call us for a free evaluation. Like all of our clients, the details surrounding your case will be kept fully confidential and an attorney who specializes in it will be assigned to you.

The Dangers of Underinsured Motorist Coverage in Atlanta

If you happen to get into a car accident because of someone else’s negligence, you will be hit with some costs. Besides the trauma and pain of your injuries and damages to your car, you will need to take several days off from work to heal.

If you have insurance, those costs may be covered – if you can prove you had nothing to do with the incident. However, that can be easier said than done. If the driver of the other car does not have enough coverage or is underinsured, you will have to pay out of pocket. Do you really think you will have enough cash to take care of the difference after you have paid for your hospital bill?

The Dangers of Underinsurance and What You Can Do to Save Yourself

Drivers who are underinsured do not have enough insurance to cover the cost of damages when they cause an accident. In Atlanta, they need to have at least $25,000 in liability coverage and $50,000 per accident for bodily injury to compensate the other driver for their lost wages, damages and medical treatment post-accident.

Unfortunately, most wrecks result in a lot more than $25,000 in damages. Suppose you were the victim and suffered $30,000 in damages, but the other car’s driver has a minimum insurance limit. In this case, you would have to arrange the extra $5,000 yourself. If you are seriously injured in the accident as well, do you really think the $50,000 will be enough to pay for your medical bills?

You can pursue their assets, but that can take a long time and most drivers don’t have enough to make up the difference. The best thing to do to avoid this scenario is to opt for UM (underinsured and uninsured) coverage. If you do and are injured in a car accident, then the insurance company will make up the remaining cost if the driver does not have enough coverage.

According to the Insurance Research Council, 11% of drivers in Georgia lack liability insurance. In fact, even those that do have it usually have only the minimum amount necessary to avoid fines.

In other words, even though they are not breaking the law, they have no obligation to pay you more than the set coverage amount. Who will take care of your expenses and your family’s needs when you are in bed recovering from your injuries? As mentioned before, if you have purchased underinsured/uninsured (UM) coverage, you may be able to pursue a claim from your insurance company.

Shani O. Brooks PC can help you navigate through the challenges that may occur during such a claim. The law firm represents injured victims in Atlanta and across Georgia and ensures each client receives the compensation they deserve. They will make sure that each potential source of recovery is examined carefully after a car crash. They can also help you if you are denied UM coverage by your insurance company.