Category: Personal Injury

After A Car Accident, Photos Help Your Case

In Atlanta, Georgia, if you are involved in a car accident, you have the right to file a claim with the insurance company or sue the at-fault driver if you are denied damages. Photos can prove invaluable when an Atlanta car accident lawyer is building your case and trying to help you recover money from your losses.

What You Should Take Photos Of After A Car Accident

Here are some things you should take photographic evidence of after you get into a car accident in Georgia:

Property Damage

This includes both internal and external damage not only to your vehicle, but also other elements in the environment surrounding the accident site such as a building or signpost you crashed into. Besides this, make sure you take photos from a variety of angles, especially of skid marks and debris.

Your Injuries

This is one of the most important things you can photograph after your car accident. Do this as soon as possible, after you start noticing visible marks and in the days after the accident as well to document how they change with time. It’s also important to remember that Bruises do not manifest immediately after all.

Nearby Traffic Signs

This may sound strange, but photos that prove that the at-fault driver ignored nearby traffic signs can strengthen your case. It can help investigators that your Atlanta car accident lawyer hires to reconstruct the accident as well. For example, if there was a stop sign at the site which the other driver failed to acknowledge, he/she can be found at fault and charged accordingly.

The faster you file a claim for damages in Georgia, the better. As the driver who sustained damages and was injured in the car accident, you have the right to ask for compensation either in the form of a settlement or via aggressive litigation which can force the insurance company or the at-fault driver to pay up.

Get In Touch With Shani O.Brooks For A Consultation

Car accidents are one of the main causes of serious injuries in Atlanta, Georgia. If you or someone you know was involved in one and suffered serious injuries because of the negligence of the other party, you and they deserve full and fair compensation.

This is where Shani O. Brooks can prove invaluable. With aggressive representation, he can ensure that you get the medical care and support you need by making sure the other party pays up. Get in touch with him for a consultation today.

Who Pays If I’m Injured While Driving For My Employer?

If your employer tells you to deliver some packages to a specific location on your way home and you get injured in an auto accident during the errand, he/she is liable for your injuries. The same will be the case if you were driving a company car and are injured from visiting a business site. In both cases, you sustained injuries while taking care of responsibilities that are within the scope of your employment.

However, if you got into an accident during work while running personal errands or during your lunch break, determining liability can get trickier. A car accident lawyer can provide the much-needed clarification for your case.

What Happens If You Are Injured In A Car Accident While Working

Georgia worker’s compensation laws are designed to protect and compensate workers who are harmed while acting within the scope of their employment. This means that if you are injured in a car accident while you were working, you are eligible for medical care, disability compensation, and death benefits.

In fact, depending on the severity of your injuries, you may also be eligible for temporary total, permanent total, or partial disability benefits. To pursue those benefits, you need to prove that the injuries you sustained are work-related. This is important since insurance carriers and your employer may try to contest the connection by saying that the injuries did not occur within the scope of employment.

It is up to you and your car accident lawyer to prove that you were engaged in a work-related task at the time of the auto accident. Besides employees, individuals who drive for a profession such as bus and truck drivers and delivery drivers are also eligible for said benefits if they are injured while working.

At this time, you need aggressive legal representation in your corner that will not back down in the face of injustice.

Do Not Face Your Employer Or Insurance Company On Your Own

Whether you were injured while running errands for your boss in your car, the company car, or were involved in a car accident while on a job-related task, you deserve compensation. If your employer or the insurance company is denying your claim, get in touch with the attorneys at Shani O. Brooks P.C. today in Atlanta, Georgia. Our attorneys can help you get the full and fair financial compensation that you deserve and do not back down from a fight.

What Is The Time Limit For Filing An Injury Claim After A Car Accident?

Car accidents can leave all those involved in a very stressful situation. In most cases, victims of car accidents in Georgia are left dealing with injuries that need extensive and expensive medical treatment. Even those who aren’t physically injured in a car accident might have to deal with significant property damage expenses.

In Georgia, car accident cases are usually resolved by settlements with insurance providers. However, there are certain situations when victims may need to file personal injury claims to receive the benefits they are entitled to.

If you, or your loved one, needs to receive benefits after a car accident, you need to know the statute of limitations in Georgia that applies to such lawsuits.

The Georgia Car Accident Statute of Limitations

A “statute of limitations” refers to a state law that imposes a strict time limit on the right to file a lawsuit.

In a majority of cases, the statute of limitations that affects a car accident claim in Georgia is the same as the larger one that applies to all personal injury cases filed in the state.

Georgia Code section 9-3-33 says “Actions for injuries to the person shall be brought within two years after the right of action accrues.”

This means that anyone injured in a motor vehicle accident – whether passenger, driver, bicyclist, motorcyclist, pedestrian, or electric scooter rider – must file their lawsuit within two years of the date of the accident.

When A Minor Is Injured

If a minor is injured in a car accident and wants to file a claim, the two-year statute of limitations doesn’t start running until the child reaches the age of 18. The victim then has two years from their 18th birthday to file a lawsuit.

Property Damage Claims

If you did not suffer a personal injury due to a car accident but bore losses from repairing your vehicle or replacing personal property damaged in the accident, you have the right to file for claims. The Georgia law allows individuals to file for a property damage claim within four years of the date of the accident.

Contact A Car Accident Lawyer Today!

If you have any questions regarding Georgia’s statute of limitations and how it applies to your car accident case, you need to consult with experienced car accident lawyers at Shani O. Brooks P.C.

You can visit our offices located in Atlanta, Georgia, or simply dial (404) 692-5404 to get in touch with our team.

I Was In a Car Accident and the Other Driver Doesn’t Have Insurance

A car accident can be devastating. Add the fact that the other driver doesn’t carry insurance and you are adding insult to injury. Most people assume that the at-fault driver’s insurance will take care of the damages. That would happen every time if we lived in a perfect world. However, we don’t so your chances of encountering an uninsured driver are high.

Driving without insurance is considered a misdemeanor in Georgia and the offense is punishable with fines amounting to $1,000 and 12 months in jail. Unfortunately, this does not stop some drivers from foregoing proper auto insurance coverage. In fact, according to studies, 12 percent of Georgia drivers don’t have auto insurance.

What You Can Do If You Face an Uninsured Driver

Georgia is not a ‘no-fault’ state which means that you can file a lawsuit against an uninsured driver. Such cases are handled the same way any property damage or personal injury claims are handled. If you are successful, you will have the money you need to pay for damages not only for your car, but also for your medical bills, the wages you lost when you were recovering from the accident as well as the pain and suffering you endured.

In some cases, the court allows victims to sue for punitive damages. That will only be the case if the at-fault driver behaved recklessly, which lead to the accident (such as driving under the influence). Of course, these cases require substantial and unmitigated proof of said wrongdoing. The damages you sustained can be quite substantial and would exceed normal compensation.

In such cases, getting a judgment that can ensure all of the damages you suffered are covered can be a challenge, but not if you have an experienced personal injury attorney in your corner. Keep in mind that there is a reason why some drivers don’t opt for insurance. They don’t have enough finances or assets to fund it so chances are they will try to reduce the damages you can claim.

This is where a car accident lawyer can prove invaluable such as Shani O. Brooks. If you or someone you know has been involved in a car accident in Atlanta and the at-fault driver refuses to pay for coverage, he can aid you in getting the compensation you deserve. With over a decade of experience, he is the go-to attorney for contentious cases. Get in touch with him for a consultation today.

First Steps After A Car Accident Include Calling an Attorney

When Should You Call a Georgia Car Accident Attorney?

More people are dying in Georgia because of fatal car accidents than before. One of the first things you should do after getting in a car accident is to call a Georgia car accident attorney. It should be a priority if any of the following applies to your situation:

• The crash caused significant injuries and/or proved fatal.
• The accident involved other motorists, pedestrians, or cyclists.
• The accident report is unclear.
• The crash happened in a protected area, such as a school or construction zone.
• Your insurance company or the insurance company of the other driver are being uncooperative or sending you mixed messages.

Why You Should Call a Georgia Car Accident Attorney

Here are some reasons why you should get in touch with an attorney post-accident.

Proving Liability for Injuries

One of the most difficult parts of proving a claim in a car accident case is determining the injuries you suffered were because of another’s negligence. This is important to establish. Otherwise, you will not have the right to compensation.

In most cases, the other party will try to shift the blame to you, making liability difficult to pinpoint. An experienced car accident attorney can sift through the evidence to figure out exactly who is to blame and can even build a strong argument in your favor. They have the resources and skill to build a case on your behalf. This includes:

• Reconstructing the scene of the accident.
• Consulting medical experts to validate the extent of your injuries.
• Acquiring and analyzing the accident report for inaccuracies.
• Interviewing witnesses.

Our Georgia Car Accident Attorneys Act as Your Advocates

You will be in shock and possibly a lot of pain post-accident. Fighting for compensation for your medical bills will be the last thing on your mind, even though you know you deserve it. An attorney can help you recollect your wits and make informed decisions to maximize compensation.

In fact, even if you are unhurt, your attorney will do everything in their power to do what is in your best interests. This includes asking for compensation for damages your property may have suffered because of the accident.

If you or someone you know has been injured in a car accident, get in touch with experienced attorney Shani O. Brooks in Atlanta, Georgia today. With more than 10 years of experience, he has the resources and skills to ensure your best interests are protected.

When Do I Need to Hire a Car Accident Lawyer?

Even though the number of car accidents in Georgia has dropped, that doesn’t mean you may not be involved in one. Unless you are a stunt driver, you should have an attorney on call as long as you can drive. The following scenarios can elicit the need for competent legal representation post car accident:

The Severity of Your Injuries

If you suffered from minor injuries, you may get compensated quickly by the insurance company to prevent the hassle. On the other hand, if you are severely injured in the accident, the insurer may try to reduce the settlement amount with a lowball offer. Whether you are aware of the full extent of your injuries or not, they may still try to dupe you into accepting a low offer.

Since experienced attorneys have seen their fair share of such cases, they know instantly when an insurance company is trying to fool their clients. That’s because they understand that injuries can take time to fully manifest and even doctors cannot pinpoint when that might be.

In other words, if your injuries are more serious than what the insurance company claims, you should contact an attorney immediately before accepting an offer.

You Are Unsure About Liability

In some accidents, liability can be difficult to determine. For instance, perhaps you suffered from injuries previously from other parties. Determining which ones were caused by the accident can be a challenge. In such situations, your attorney can help you come to a decision by analyzing the evidence and by hiring private investigators on your behalf.

These measures can clarify the evidence surrounding the case and uncover who is liable for damages. These are important if you wish to receive the maximum compensation possible for your injuries and the damages you and your loved ones sustained.

In some cases, the insurer may try to convince you that you are liable for the injuries to reduce compensation. He/she may try to make you sign a non-disclosure agreement to prevent legal action in the future. The worst thing you can do is sign it without the presence of an attorney. He/she will know whether the deal is in your best interests or not.

Whether you have been involved in a car accident or know someone who has been seriously injured in one, get the best legal representation from attorneys at Shani O. Brooks P.C. Attorneys at Law. We can help you get the maximum compensation you deserve. Besides being highly proficient in Georgia car accident laws, we are not afraid to represent you in court aggressively if need be.

Distracted Driving and Auto Accidents

According to Georgia law, distracted driving includes any activity that is conducted while driving, which distracts the driver from the road and from safely operating their vehicle. The offense is punishable with serious consequences and accidents can also lead to jail time, depending on the severity of damages.

While Georgia law is focused mainly on distracted driving caused by cell phone use, drivers can be charged for other distracting behavior as well.

Cellphone Restrictions

According to driving laws in the state, drivers are prohibited to physically hold or support a wireless or standalone electronic device with any part of their body while they are driving. Besides cell phones, this also includes other devices such as tablets. The law only allows hands-free devices for driving, allowing you to drive and talk on the phone if you use an earpiece or other voice-operated technology.

Besides cell phones, wireless telecommunication devices include GPS receivers, text messaging devices and personal digital assistants. It can also include other devices used to receive and send data or texts or send/receive communication. The law also includes standalone devices such as a tape recorder used to store audio or video data, and which can be retrieved by the driver.

Exceptions to Distracted Driving Laws

In Georgia, only the following individuals and circumstances merit exceptions to the driving laws:

• First responders such as firefighters and law enforcement who cannot perform their duties without handheld communication devices.
• Any driver who wishes to report an emergency, crime or an accident on the road.
• Contractors or employees of a utility service provider who are responding to an emergency – according to the scope of their employment.
• Music streaming apps can be used as long as they are controlled via the stereo system of the vehicle.
• Use of GPS is permitted as long as the phone is mounted.
• In-vehicle navigation systems, security, two-way radio communication (for commercial purposes) and remote diagnostic systems can be used.
• Dashboard cameras are permitted.

The bottom line is Georgia driving laws are quite strict for a reason. The moment you take your eyes off the road to send a text, you can end up seriously injuring yourself, pedestrians and other drivers or worse. If you have been the victim of such an accident, you have the right to be compensated for damages you deserve and need.

To ensure you get the compensation you deserve, get in touch with us at Shani O. Brooks P.C. today. We represent injured victims in Atlanta, Georgia and treat each case with the diligence and skill it deserves.

3 Types of Common Car Accident Injuries That Your Child Can Suffer From

According to the Centers for Disease Control and Prevention (CDC), nearly 150 children are treated each hour in ER’s across the country for crash related injuries. In Georgia, car accidents are considered to be the leading cause of injuries and fatalities in children who are 1 to 12 years of age. Some common injuries leading to these horrific statistics include the following.

Head and Neck Injuries

Head and neck injuries are most common in children who are victims of car accidents. These can cause traumatic brain injuries, contusions, skull fractures and whiplash. In some cases, the injured children can start exhibiting behavioral issues or face cognitive issues months or years after an accident.

Airbag-Related Injuries

Georgia law allows children who are 8 years old to travel in the front seat of a vehicle – if restrained in a proper car seat and if they weigh at least 40 pounds. However, they may still get injured during a crash if the air bag deploys as air bags deploy with enough force to easily fracture necks and facial bones.

Glass Related Injuries

A broken windshield or shattering windows can cause lacerations on a child’s face and body – depending on the severity of the crash. This can lead to long lasting scars, facial trauma and dental injuries, causing disfigurements or worse.

Georgia Laws About Child Safety

According to Georgia Law:

• Children who are under 8 years of age and are less than 57 inches in height should travel in the backseat of a vehicle in a booster chair unless there is no room.
• If the vehicle does not have a back seat (such as a truck), or if there are other children in the back who need to be restrained as well, the 8 year old child can sit in the front seat with restraints.

Violation of these laws can lead to a $50 fine. However, if you find yourself in a car accident and your children are injured, the aftermath can be heartbreaking and way more costly. At Shani O. Brooks P.C., we understand your pain as a parent and can help you get the compensation you deserve and need from the guilty parties. We can even let you know how much you case is worth. Our skilled attorneys can represent you in court if need be and are not afraid to take out the big guns if it can lead to a successful case. Get in touch with us in Atlanta, Georgia for a consultation today.

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.