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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.

Injured in a Rideshare Accident? Who’s at Fault?

While ride-sharing apps such as Uber and Lyft have made commutes easier, the very nature of the business can prevent you from claiming losses if you are involved in an accident in one.

When an accident occurs, the fault usually falls on one or both drivers involved in the crash. In some cases, your driver’s insurance policy may not be sufficient to cover your injuries. In such cases, you have every right to claim compensation from the company for negligent and reckless driving.

What to Do If You Are Involved in A Rideshare Accident

If you are involved in such an accident, you may or may not be covered by the insurance policy of the ridesharing company. Besides determining fault, your claim may also be contested with defenses from the insurance and rideshare service.

To deny liability, rideshare companies classify their drivers as independent contractors rather than employees. However, if you manage to prove fault, the coverage you receive will depend on whether the driver was online or offline during the accident.

For instance, if the driver was between trips and was waiting to match with a passenger, their service’s policy may not apply. Plus, if the personal auto policy of the driver excludes coverage if the vehicle is being used for commercial purposes, you may not receive compensation. However, some rideshare companies such as Uber provide liability insurance that ranges from $50,000 to $100,000 per accident. The clincher is this coverage only kicks in if the driver asks for it and if his/her personal insurance policy does not take care of the damages.

In other words, you may only be able to receive compensation from a ride-sharing service if the company’s or driver’s insurance policy allows it. If not, you can sue the company directly or seek compensation from the personal insurance agency of the driver. However, as mentioned before, if the insurance company prohibits its policyholders from using their vehicles for commercial purposes, the compensation you receive may be limited.

Shani O. Brooks Can Help You Get the Compensation You Deserve

Whether you are involved in a ride-sharing car accident or a normal auto accident, get the compensation you deserve by hiring Shani O. Brooks. Your search for a Georgia personal injury attorney ends here. We can help you recover compensation for your injuries, medical expenses and the wages you lost during your recovery period. Get in touch with us today for a consultation and find out how we can ensure that your case is heard and you receive the maximum amount.

Understanding Georgia Drinking and Driving Laws That Lead to DUIs

If you live in Georgia, driving under the influence is not worth the harsh penalties you will have to face. In Georgia, individuals who are found to be driving while intoxicated (due to drugs or alcohol) can be charged as:

Under the influence – In this case, the district attorney will have to prove you were driving while drunk or under the influence of drugs or a combination of the two. You can also be found guilty if your blood alcohol content is greater than 0.08, which will be determined by a sobriety test.

DUI ‘Per Se’ – If your blood alcohol level is 0.08 or more, your case will be a rebuttal presumption. However, no matter how low your blood alcohol content is, the officer who stopped you may charge you anyway if the officer believes your senses are impaired to the point you are an unsafe driver.

Irrespective of the DUI you are charged with, you will be charged as a criminal by the court and your driver’s license will also be suspended by the Georgia Department of Driver Services. In other words, what happens in court will have no bearing on your driver’s license and vice versa.

You may also have to pay a hefty fine and serve jail time – depending on the severity of your case or if someone got hurt because of negligence. In some cases, permanent revocation of the driver’s license is also possible.

The bottom line is: If you want to see your driver’s license again and avoid paying large fines, you should avoid a DUI in Georgia. But if you have been ticketed, reach out to an qualified Georgia attorney to discuss your case.

If you are the victim of a distracted or drunk driver or were wrongfully accused of being the latter, contact Georgia personal injury attorney Shani O. Brooks. Whether you are charged with a DUI ‘per se’ or ‘under the influence,’ we can ensure your voice is heard and your case is settled amicably. Get in touch with us today for a free consultation and an analysis of your case.

Accidents Caused from Distracted Driving

Distracted driving can lead to horrific injuries that can prove fatal for drivers, their passengers and others involved. Results of car accidents can include a totaled vehicle, significant injuries and even fatalities.

Unfortunately, despite these results, many drivers are not scared into being more vigilant behind the wheel. In the U.S., approximately 9 people are killed and more than 1,000 are injured in car accidents each day as a result of distracted driving.

Here are some causes of distracted driving that can lead to fatal accidents:

Driving Under the Influence

Using substances that impair judgment can hinder a driver’s ability to judge distance, speed and can also cause drivers to ignore pedestrians along with other hazards. When people think of “driving under the influence,” they usually think of alcohol. However, driving under the influence can include prescription or recreational drugs, which can seriously affect a driver’s judgment.

Inebriated drivers can hit someone with their vehicle, crash into other cars, veer off the road and even drive off a cliff to their death.

Eating/Drinking while Driving

While it is hard to resist eating and drinking while driving, reaching for food and drinks while driving takes your eyes off the road. A split second is all it takes for you to lose control of your car and end up in a potentially life-threatening accident where you can incur hefty court fines, or worse – a lawsuit.

Daydreaming

Long drives on roads with little to no traffic can make your mind wander. Daydreaming drivers are not focused on the road. When a driver takes their mind off the task of defensive driving, it takes longer to react, and drivers may not be able to quickly stop. Whether you are the victim of a distracted driver or a driver who was wrongfully accused of distracted driving and need a Georgia personal injury attorney, Shani O. Brooks can help. We represent injured victims throughout Georgia and are known for giving each case our complete focus and dedication. Contact us for a free consultation.

Car Accidents Involving Teen Drivers

Considered to be the riskiest drivers on the road, teen drivers are more likely to get into car accidents than adults. Compared to 20-year-old drivers, teen drivers who are between 16- and 19-years of age are more likely to be involved in serious road incidents – which can prove fatal. There are several reasons for this.

Top Causes of Car Accidents Involving Teenage Drivers

• Inexperience of the Driver

It has been observed that drivers who have less than 2 years of road experience are not capable of recognizing and reacting to dangers. Additionally, teenagers fresh out of driving school are more likely to get into an accident during their first month of driving.

Despite their enthusiasm, most teens fail to realize their road sense develops through caution and experience. This lack of caution and experience results in making more mistakes during the learning stage. Unfortunately, in some cases, most teens fail to learn from their mistakes.

• Distracted Driving

It takes only a split second for a car to careen off the road, a risk the driver makes when taking his/her eyes off the road. Besides eating and chatting with passengers, teen drivers are more likely to get into a crash while they are talking on their cell phones or texting.

The risk of accidents increases tenfold at night when visibility is significantly reduced. If teen drivers are engaged on their cell phone, the bright screen light from their cell phones can be blinding and reduce visibility when switching their eyes from their phone to the dark road ahead of them. This leads to crashes, which can prove fatal for themselves and their passengers.

• Ignoring Seatbelts

If used properly, seatbelts reduce the risk of fatalities for front seat passengers by an average of 45%. Those who don’t wear seatbelts are more likely to be ejected during a crash, which is more likely to prove fatal.

However, unlike experienced drivers, inexperienced and impulsive teenagers rarely buckle. According to statistics, the teenage demographic has the lowest rate of proper seatbelt usage among all age groups.

• Driving Under the Influence

Even experienced drivers cannot give the road their complete focus if they are drunk behind the wheel. Since teens are more likely to indulge in drinking, they are arrested more often for driving under the influence (DUI).

Besides designated drivers, teenagers are more likely to hitch a ride with a friend who is drunk, even though they are aware the driver is incapable of driving safely. Driving under the influence of alcohol is one of the leading causes of fatal car crashes among teenagers.

Whether you are a teen driver who has been involved in a hit and run, or a victim of one, you need an experienced personal injury attorney in Atlanta in your corner. Get in touch with Shani Brooks today for a consultation.

5 Things to Consider When Hiring an Atlanta Personal Injury Lawyer

After being injured in an accident, hiring a personal injury lawyer is your best bet if you want to get your claim settled fairly and receive compensation for your losses.

From evaluating your claim and doing the paperwork, to representing you in court and negotiating the best possible settlement, a lawyer can make the whole process go smoothly.

Choosing a qualified personal injury lawyer is a prerequisite for avoiding stressful time in court. Looking for an attorney can be a daunting task, especially if it’s your first time.

To make things easier for you, we’ve enlisted the top things you need to consider when hiring an Atlanta personal injury lawyer.

Availability and Communication

Communication is perhaps the most crucial aspect you can’t afford to ignore. You’d probably need to get in touch with your attorney outside of regular business hours for concerns, questions, or to clarify confusion – so make sure your lawyer is available for you.

It shouldn’t take you much time to realize whether or not an attorney is right for you based on the way they communicate with you. Ask yourself: Do they understand exactly what you try to convey? Are they compassionate towards your situation?

A lawyer who is willing to put in his best efforts to help you win the case can make the process oh-so-easy. Make sure you don’t compromise on these qualities.

Experience

When hiring a personal injury lawyer, make sure they have considerable experience working on similar cases. Their experience will allow them to answer all your questions and guide you through the whole process. Before you make a decision, consider their success record of helping other personal injury clients.

Dependability

You’re trusting your attorney with your personal injury case, so it’s important they are reliable. An ideal lawyer understands your case and has your best interest in mind. They should always treat you with respect and be willing to listen to and address all your relevant concerns.

Legal Fees

More often than not, an Atlanta personal injury lawyer works on a contingency fee basis. This means you won’t be charged any legal fee, unless the lawyer is able to get you compensation for your losses.

Before you hire a lawyer, make sure you understand the legal fees process and are aware of the details it entails. You should also ask for any miscellaneous expenses you may be billed.

Honesty

It’s important to note there are no 100% guarantees when it comes to personal injury cases. No attorney can guarantee certain results or give a certain time duration of a case.

You should be looking for a lawyer who’s not afraid to give you an honest opinion based on the details of your case. They may give you an estimated timeframe for the case, which should be realistic and tentative.

You must know that in most personal injury cases, time is of the essence. You need an Atlanta personal injury lawyer by your side who has experience handling similar cases and who is willing to get to work on your case right away.

Shani O. Brooks is a top-rated Atlanta personal injury law firm that has been helping clients get full and fair compensation for their losses for years. Get in touch with them for a free case evaluation today!