All About Rear-End Accident Claims & Injury Compensation

All About Rear-End Accident Claims & Injury Compensation

by Dennis and King Law in Chattanooga, TN

Who pays for injuries after a rear-end auto accident? Following is some important information to know in order to get fair compensation from the insurance company.

Rear-end collisions injure more than 556,000 people annually. It is important to know what to do after a rear-end collision, and how to avoid mistakes that will inhibit making a successful insurance claim. This guide can help individuals get the compensation they deserve.

Causes of Rear-end Accidents

It is nearly impossible to avoid a rear-end collision. They happen in a variety of ways:

  • Tailgating: Georgia and Tennessee require drivers to “follow, allowing yourself at least three second for stopping before hitting the car in front of you is a “safe stopping distance.” Of course, bad weather, bad road conditions, or poor visibility require even longer stopping distance.
  • Distracted driver: Cell phone usage, eating, putting on makeup, listening to loud music, talking with passengers, looking into the back seat to check on young children, and looking away from the road cause the majority of rear-end accidents.
    DUI: Drugs and alcohol impair a driver’s reflexes and reaction time. Intoxicated drivers cannot judge accurately distance or speed, and actually may nod off while driving.
  • Weather: Rain, snow, slush, ice, high winds, and fog can affect a driver’s ability to see ahead, to stop in time, and to stay within the lane.
  • Sudden stops: Sudden stops contribute to a rear-end collision, but usually it is not a reason to put all the blame on the driver of the stopping car. Many reasons cause a sudden stop, such as avoiding a dashing out child or animal, road conditions, a sudden accident, or construction.

Common Rear-end Collision Injuries

Every vehicle collision potentially can cause fatal injuries-even rear end collisions. However, rear end collisions usually cause “soft-tissue” injuries. These injuries are things like sprains, strains and bruises.

  • Whiplash is a common outcome of rear-end collisions. Doctors and lawyers use this term to describe pain and stiffness in the neck as well as shoulder area-the sudden and violent jerking movement or snap of the neck, shoulders and spine well beyond their normal range causes this condition. Doctors also refer to this condition as hyperextension and hyperflexion. The neck movement is like the motion of a whip as it snaps, giving the condition its name.
    Rear-end collisions cause about one-out of five victims to suffer a whiplash injury. About eighty percent of these whiplash sufferers will experience pain and soreness longer than a week. Fifty percent have pain and soreness for more than a year.
  • Back Injuries from the sudden impact of a rear-end accident often are extremely painful. Even a low speed impact can compress the lower spine and the disks between the vertebra. Not surprisingly, rear-end accidents commonly cause herniated or bulging disks.
  • Face and head injuries do not just happen in high-speed crashes. Even rear-end accidents at speeds less than twenty miles an hour can cause face and head injuries.
    A slow-speed collision, even when airbags do not deploy, can throw one’s face and head into the steering wheel or other parts of the interior parts of the car. Collision forces can break noses, fracture cheeks, break jawbones, and detach retinas. Facial cuts and bruises can also occur. Additionally, where the airbag bursts open, its force can cut the face and scalp, or worse.
  • Hand and arm injuries can happen to the driver and passengers either from bracing during the impact or the collision force throwing them about the interior of the car. Exploding airbags almost always cause arm and hand injuries.
  • Seatbelts instantly and firmly hold the torso in place when a collision hits the car from any direction. This is important because it keeps the collision from causing more serious injuries. However, this does not mean that a seatbelt does not affect the body. A rear-end collision slams the body forward, causing it to hit the safety straps. More often than not, the results are bruises and scrapes to the shoulders, neck, and torso.

Who Pays For A Rear-End Collision?

After an auto accident, one expects compensation for property damage and personal injuries. Most of the time, the police and the involved insurance companies assign fault to the rear-end accident. Individuals having suffered an auto accident will file a liability claim with the at-fault driver’s insurance company.

Comparative Negligence

The majority of the time, an insurance company accepts full responsibility when it has insured another car. However, sometimes the insurance company will go straight into disagreeing with the injured party on the value of their injury claim.

There are times when the insurance company will try to put some or all of the blame on the injured party, even though their insured caused the rear-end accident to occur. This is always the case if the brake lights of the injured party failed to work and the driver behind claims he or she could not see the injured party, hence leading to the accident.

If an insurance company tries to blame part of the fault on the injured party, the injured party must speak to an attorney. Do not simply take the insurance adjuster’s word on the matter.

Tennessee and Georgia have comparative negligence laws, meaning the injured party can pursue compensation from the other driver even if they partly contributed to the accident occurring. A jury may reduce the injured party’s compensation by some degree to account for their share of fault. In these cases, an attorney can help prove that the injured party had no responsibility for the crash.

There are few exceptions to rear-end liability, such as:

  • If the driver in front drove erratically or recklessly, making it impossible for the driver behind to avoid a collision, even from a safe distance behind
  • If the driver in front suddenly stops in the lane of traffic and fails to set out flares or give any other reasonable notice to the driver behind
  • If the driver behind is traveling a safe distance and at a safe speed, but fog, snow, rain, or other inclement weather conditions make it impossible to stop
  • If a driver behind is traveling at a safe distance and speed behind the vehicle in front, but a third vehicle strikes the driver from behind, pushing the second car into the first vehicle.

Be Prepared To Prove The Claim

It may seem obvious that the driver who hit the injured party from behind caused the accident. However, do not just sit back and wait for the money to appear. The insurance adjuster does not earn a year-end bonus by automatically handing out fat settlement checks.

It helps to know some terms used in insurance claims:

  • Liability means fault or responsibility. The at-fault driver is usually responsible or liable for damages to the injured party caused by the rear-end collision.
  • Negligence happens when a driver fails to act responsibly or does something no reasonable driver would do, like tailgating.
  • Damages for rear-end accidents can include property damages to your car, and personal injury damages like medical and therapy costs, out-of-pocket expenses, lost wages, and pain and suffering.
  • Proximate Cause is an action that leads to damages which wouldn’t have otherwise happened. The injured party would not be suffering from whiplash if they had not been rear-ended.
  • Duty of Care means the obligation to be careful and avoid causing harm to others.

All drivers have a legal duty of care to drive safely. This means drivers must follow local traffic laws, maintain a proper lookout for other drivers and pedestrians, and keep their cars in working order.

When a driver violates their duty of care, it is often because of negligence. A rear-end collision can happen when someone stops paying attention, drives recklessly, or brakes failed because they failed to properly maintain their vehicle.

When negligence causes a rear-end accident, one has a right to compensation for damages. It is up to the injured party to provide evidence of the other driver’s negligence, and proof of their injuries.

The injured party will need to prove the collision led to injury and the extent of their losses from these injuries.

Gather Evidence To Win Your Claim

To meet the burden of proof, one must gather as much evidence as possible to show the other driver’s negligence. The more evidence gathered, the better the chances are of winning. Here is some of the best evidence for a rear-end auto accident claim.

Evidence at the Scene

Always call 911 when involved in a traffic accident. Tell the dispatcher the location of the accident, if anyone is injured, and if there are traffic problems or dangers at the scene.

If physically able, begin to gather evidence while waiting for police:

Photographs: Use a phone or whatever device is on hand to take photos and video. Start with pictures of the cars and the surrounding area. Take as many pictures, from as many angles as safely possible. Take close-ups and wide shots to include traffic signs, stoplights, and other information in context with the accident.

If a police officer is administering a field sobriety test to the other driver, use a cell phone’s video function to record the test from as close as possible. Also, photograph empty beer bottles or open containers of alcohol in and around the driver’s car.

Witness statements: Write down the names and contact information of anyone who saw the accident. If there are willing witnesses, have them write down everything they saw and heard. Ask them to sign and date their written statement.

If the witness does not give a written statement, ask permission to record their statement using a phone. Be sure they mention their name and contact information on the recording.

Continue to Collect Evidence

Detailed Notes: After the collision, make detailed notes about what happened before, during, and after the at-fault driver rear-ended you. Write down anything the other driver said.

Statements like “I didn’t see you in time to stop,” or “I was on my cell phone,” are considered admissions against interest and are strong evidence of negligence.

Police Report: If the police respond to the accident, an officer will investigate the accident and prepare an official police accident report. The report will indicate the investigating officer’s opinion of fault for the crash, list any citations issued to the other driver and if the other driver was arrested for DUI.

Medical Records: Medical bills and records are crucial evidence proving the rear-end collision led to injury and how badly. Insurance companies are highly suspicious of whiplash cases because whiplash injuries are diagnosed mainly by the injured party’s complaints. One will need good medical documentation from a trustworthy doctor.

State away from “personal injury” chiropractors, who will run up bills with excessive tests and questionable repeated treatments. These bills are often so unreasonably high that the insurance company will not reimburse them fully, leaving the injured party to personally pay the remainder. Insurance companies are only required to pay “reasonable” costs, based on commonly accepted standards of medical care.

Take pictures of injuries immediately following the crash and throughout the recovery, including pictures of bruises caused by the seat belt or air-bag.

The total cost of medical bills and related expenses are an important part of calculating the value of one’s claim.

When An Attorney Is Needed

There is too much at stake to handle complicated injury claims alone. Furthermore, there is no cost to find out what a skilled attorney can achieve. For more information, call Dennis and King Law today at 423-892-5533 or find them online at dennisandking.com.

What to Do When The Air Conditioner Stops Working

From Maximum Heating and Air in Chattanooga, TN

It is never fun when an air conditioner suddenly stops working, especially in the midst of the southern summer heat. However, it is a mistake to automatically assume that the system is broken or in need of expensive repairs. The solution may be simple enough for the homeowner to fix on their own, or they prefer to call in a professional who can figure out the issue. Here are six steps that should be taken when an air conditioner stops working.

1. Stay Calm

First of all, remember to stay calm. Not having air conditioning is tremendously unfortunate, but stress can increase your body temperature, making things feel even worse. Remember that even if the homeowner is unable to fix the problem themselves, they can always call the experts at Maximum Heating and Air for reliable service whenever an emergency strikes—including after hours, on the weekend, or on holidays.

2. Check the thermostat

Make sure the thermostat is turned on and set to “cool” rather than “heat.” This may seem simple, but even if the homeowner is certain that it has been set correctly, they should take a moment to check it anyway.
If the thermostat is off, the batteries might be drained. Wall thermostats could take AA, AAA alkaline, or 3V lithium batteries. The batteries need to be changed approximately once a year. A low battery indicator appears on the display when it’s time to replace, but this is often and easily overlooked.

If the homeowner is uncertain about how to replace thermostat batteries, they should consult the owner’s manual for specific instructions regarding that model. In general, the following steps should be followed in order to replace batteries in a thermostat that does not have an external battery compartment:

  1. Pull the thermostat box off its wall mounted plate
  2. Turn the box over and use a small screwdriver to open the battery slot
  3. Discard the old batteries and replace them with new ones;then close the battery slot
  4. Put the thermostat box back onto the wall mount and slide it down until you hear it snap or click back in place

If the thermostat has an external battery compartment, press down on the top right corner of the thermostat to reveal the compartment. After that, remove the compartment cover to replace the batteries before snapping it back into place.

3. Check the circuit breakers

Power surges, storms, and sweltering temperatures can overload the circuit, turning off the power to the air conditioner. There are two places that need to be checked in order to see what exactly tripped the circuit breaker.

Fuse box/Electrical service panel

An electrical service panel serves as the switchboard operating center for all the electricity in a home. In an older home built before 1960, a fuse box serves the same purpose. In both cases, these components receive incoming power and distribute that power to each circuit that controls items such as appliances, light switches, and air conditioners.

The electrical service panel or fuse box is usually found in the garage or in a utility closet. A tripped breaker is easy to spot; while the other breakers will be switched to the “on” position, a tripped one will be switched to “off.” Wait thirty minutes before turning back on the air conditioner after switching on the breaker. If the breaker immediately trips again, the homeowner then needs to work with a professional to determine the cause. The problem could be:

  • Fan-motor malfunctions
  • Refrigerant leaks
  • Compressor problems
  • Frozen evaporator coil
  • Loose wiring or electrical component failure

A/C Disconnect

Also known as a switch box or fuse box, an A/C disconnect can be found outside the home, close to the outdoor A/C unit. The same conditions that cause indoor circuit breakers to trip can cause the switches in the A/C disconnect to trip as well. While it is safe to flip the switches in a home’s electrical service panel, attempting to do the same for an A/C disconnect is dangerous. If the homeowner suspects that the A/C disconnect has been tripped, they should consult an HVAC technician or an electrician.

4. Check The Air Conditioner Drain Pan

An air conditioner does more than just cool a home. It also dehumidifies by drawing heat and moisture from the air. This humidity turns into condensation which can then back up in a drain pan connected to the indoor portion of the air conditioner. Some air conditioners automatically shut off when the condensate line becomes clogged. Other signs of clogs include:

  • Water leakage coming from the ceiling or attic
  • Stained ceiling or walls
  • A muggy, humid feeling in your home
  • Unfamiliar or unpleasant smells due to mold/algae buildup

A wet/dry vacuum, garden hose, or natural mixture of vinegar and hydrogen peroxide can break up clogs.

5. Contact a Professional

When the homeowner has reached the end of these troubleshooting tasks, it is then time to call in the professionals. A broken air conditioner is an HVAC emergency, and time is of the essence—especially during the heat of summer. Maximum Heating and Air’s emergency services include support on weekends and holidays at no additional cost. This is their way of ensuring that they will always be there when homeowners need them.

6. Consider a Replacement

If the air conditioner spends more time broke than operational it is possibly time for its replacement. When important parts fail, and the system continually breaks down, it is often more cost-effective to replace the system altogether than to pursue band-aid solutions and repairs.

While the purchasing of a new air conditioner is a significant investment, it pays off over time. New systems use less energy, create lower energy bills and create a smaller carbon footprint. Additionally, many utility companies and government agencies offer tax credits and rebates that serve as incentives for homeowners to switch to more energy-efficient air conditioners. Reliability, reduced downtime, and less frequent repairs round out the benefits of saying goodbye to an old air conditioner and hello to a new one.

The Air Conditioning Resource: Maximum Heating and Air

Whether a homeowner is dealing with an emergency or looking to upgrade to a new system, they can trust Maximum Heating and Air for a smooth experience. With nearly twenty years of experience in installing, maintaining, and repairing air conditioning systems, they are trusted by clients throughout the Greater Chattanooga area. In order to get started, contact Maximum Heating and Air today at (423) 894-4970.

Ways to Keep A Home’s HVAC System Running Efficiently

Keeping an HVAC system running efficiently is of vital importance to help reduce utility costs each month. It also helps homes create a much smaller carbon footprint. Aside from these obvious benefits, an efficient system can also increase a home’s indoor air quality and help keep the home a more comfortable and consistent temperature. After knowing the benefits of having an efficient system are known, the next question is what can be done to help improve it.

One of the best ways to maintain efficiency with an HVAC system is to allow it to work at a consistent pace throughout the day. One way is to keep the temperature consistent and not constantly going from heat to cool. A great way to get the HVAC system from working overtime is by installing a Wi-Fi thermostat. This type of thermostat has settings that will gradually increase and decrease the temperature, giving the system the break it needs without having to crank up the temperature to full blast. These thermostats come with a number of different features that can help improve energy use such as energy reports and even programs that allow it to self-adjust depending on weather reports.

Home weatherization is an important step to take in order to help a heating and air conditioning system run more efficiently. If a home’s windows and doors have cracks, leaks, or other areas where the conditioned air can escape, it causes the HVAC system to work harder to compensate for this loss. Make sure to identify any areas where leaks can occur and properly seal them up. This can include adding additional caulking and weather stripping around windows or doors and sealing areas in the wall where pipes come through.

When regular HVAC maintenance is performed on a system, technicians will clean the entire system and check for possible repairs or problems that can reduce a system’s efficiency. They will also inspect the filter and other airflow issues ensuring that the system is running as optimally as possible.

Sometimes furniture and home decor can negatively affect the efficiency of an HVAC system. When the vents and returns are blocked, it can limit the airflow in the room and make the system have to work harder in order to push through the air. Make sure to have space around each vent so as much heat or air-conditioned air can enter into the room as possible.

Dust, dirt, pollen, and pet dander can find a home in a home’s ductwork. Over time this debris will build up and begin to inhibit the flow of air through the system. When this occurs, an HVAC system will begin running longer and kick on more often to be able to push out warm air and get the home to the desired temperature. When cleaning the ductwork, an HVAC technician will also check the ductwork for any leaks or cracks that can lessen efficiency.

Having proper insulation around ductwork and in the attic, and crawl space of a home is a crucial part of keeping the conditioned air contained in the home. Over time, insulation can become wet or damaged and break down, resulting in holes. If there is a problem with rodents in a home, they can also use insulation to make nests and will often chew through and damage parts of it.

It is important to perform a visual inspection of the attic as well as crawl space and check for signs of moisture, damage, or empty space. If just a few places are detected, they can be filled in, but if the insulation is old or has a lot of damage, it would be wise to consider installing new insulation.

Following the few tips listed above will help improve the efficiency of a home’s HVAC system. Schedule maintenance today by contacting Maximum Heating and Air at 423-894-4970.

The Significance of Interior Design While Sheltering-In-Place

by Virginia Warren of Maxwell House Interiors

Millions of Americans sheltering-in-place are subsequently re-learning the lost art of nesting. Comfort and quality time have suddenly become paramount, as families are spending more time together at home. Additionally, many are noticing items as well as spaces within their homes that need updating-some small and some large.

Americans are also considering ways their homes could improve functionally, as families spend more time together. Hopefully, family time will become more of a focus in the future even as we get back to our busy lives.

At this time of social distancing, an interior designer can still help get the ball rolling. If all that is needed are simple updates or a fresh look, designers can offer advice on things that can be done to achieve a quick refresh. Simply send them a photograph of areas you are wanting refreshed. Furthermore, sending pictures of things in your cabinets provides designers with ideas of how those items could possibly be used in a different way on your mantle or on your bookshelves. There are also many things designers can find online and subsequently have shipped.

As this time at home progresses, designers are receiving a plethora of phone calls regarding future projects. Feel free to call and speak with one about navigating the best way forward. Additionally, get on their waiting list for after the COVID19 outbreak has subsided. Interior designers can send pictures and ideas for new room piece ideas, fabrics for curtains, bedding, as well as accessories. Sending a designer floor plans or room measurements allows them to begin space-planning a home in conjunction with a family’s needs.

A great deal of interior designing can be done virtually. Doing so also provides something to look forward to in the near future. Orders can be in place and ready to process as soon as the factories are up and running again. More than anything, interior designing reminds us that it is critical in times such as these to keep faith, dreams, creativity and hope alive for the future.

What Are Six Reasons For Women to Wear Wigs?

What Are Six Reasons For Women to Wear Wigs?

Many women in the world today wear wigs for various reasons. The wig industry is huge and makes millions of dollars per year because of the demand and need for wigs. Many women of different ages wear wigs for different reasons. Here are some of those reasons why women wear wigs and how it benefits them in their daily lives.

Wigs can conceal natural hair issues.

Wigs are great for hiding major and minor hair issues that women often face. They can conceal a receding hairline as well as cover more serious hair loss. There are many different reasons why a person is experiencing hair loss. Poor nutrition, bad hair practices, and even illnesses such as cancer are examples of why hair loss occurs. As a result, wigs often help women suffering from such conditions feel more confident in their appearance.

Wigs are convenient.

Average women spend over an hour in front of a mirror fixing their hair. Wigs can eliminate the hassles of perfect hair and save a lot of time. There are many women that live busy lives with hectic schedules. Examples include single moms that work full-time and who are always on the go; students with a full schedule of classes who also attend a lot of clubs and meetings; businesswomen fulfilling the needs of customers while doing a lot of traveling. These are the times when women can appreciate how convenient and easy it is to put on a wig that makes them look good with minimal effort.

Wigs don’t require a commitment.

Some women enjoy experimenting with different types of looks. Wigs allow them the versatility of changing their appearance at will. For example, one day hair can be short and another day it can be long. Through the utilization of wigs, various styles can be achieved without making a long-term commitment.

Wigs can protect natural hair.

Wigs are great for protection. The less natural hair is manipulated, the more likely it will grow healthier, stronger, and longer. Many women choose to wear wigs because they want to give their natural hair a break. Maybe their hair is damaged from heat, coloring, bleaching, or just too much stress on the hair in general. Women will also wear wigs to protect their hair from harsh weather conditions. A great example is wearing wigs during the cold wintertime. The winter weather can dry out natural hair, and that is something most women try to avoid. By wearing wigs as a protective hairstyle, many women have noticed more strength and growth in their hair.

Women who wear wigs can save a lot of money!

Wearing wigs regularly can save a lot of money. Instead of visiting the salon multiple times a month for hairstyling, women can wear a wig with the style of their choosing. They can then revisit that look months later without having to pay for the style again. The key is to take good care of the wig so that it lasts a very long time.

Women who wear wigs never have a bad hair day.

Let’s face it. Sometimes our hair can be annoying and not behave in the way we would prefer. Instead of taking the time to figure out how to make it look right, a woman can choose to wear a wig of her choice. This is a very convenient option, especially if one does not have the time or the patience to deal with hair on a daily basis. Most wigs available for purchase are already styled and ready to wear. Just quickly run a comb, fingers, or a brush through the wig and one can quickly be out the door.

For further information about what wigs have to offer, please visit thewigpalace.com or call 423-894-0157.

The Willys Jeep Legend

By Quarter Ton and Military Restorations

During the early days of World War II, November 1940 to be exact, the Jeep Legend came into fruition. Just a year before the United States officially entered the war, Willys delivered a four-wheel drive prototype to the Allied Forces known as Willy’s “Quad.” It featured the Willys “Go-Devil” engine, developed by Delmar “Barney” Roos. With sixty horsepower and a hundred and five foot-pounds of torque, it dwarfed the Bantam’s 83 and Ford’s 85 pound-feet of torque, it’s only competitors at the time. The Quad effectively fathered the MB, CJ series, and Wrangler. Additionally, Willys refined the Quad and built 1,500 units of the Willys MA model, many of which were lend/leased to the Russians to aid in war efforts.

From 1941 to 1945 Willys produced the MB Model, the original go-anywhere, do-anything vehicle, which came to be known by its nickname, the “Jeep.” Made famous during WWII, Willys produced over t

Three hundred thousand MB vehicles, Ford received a secondary contract to build two hundred and seventy thousand more. The American military heavily utilized Jeeps in all of its divisions, with one-hundred and forty-four Jeeps provided to every infantry regiment.  Furthermore, the government shipped large numbers of Jeeps to the British and Russian Allied Forces, comprising nearly thirty percent of total Jeep production.

Today, Quarter Ton and Military Restoration is a proud provider of replacement parts for all Willys ¼  ton Jeeps, including steering parts, brake, fuel, and paint.

For further information, or to place an order, visit quartertonparts.com or call (423) 762-5858.

New Germ Fighting Technology Available!

The Coronavirus outbreak has led to increasing concern regarding air quality. Offices, homes and public places are increasingly regarded as Petri dishes where the coronavirus may thrive and circulate.

A local business in Chattanooga is offering an “air scrubber” with cutting edge technology that goes far beyond traditional air purification. Called the “Active Pure Air Scrubber,” it actually eliminates many harmful contaminants in the air and on the surfaces of your home.

Maximum Heating and Air wants to make the public aware that this technology is ready and available. For further information, continue to read below. To place an immediate order, call Maximum Heating and Air at 423-894-4970.

Here is some further info:

ActivePure® is created in the USA, by a leading technology company with over 95 years of history and innovative products that have been recognized by the Smithsonian and trusted by millions of families. ActivePure® is the only air cleaning technology awarded the prestigious Certified Space Technology seal by the Space Foundation. We own worldwide rights to this proprietary ActivePure® Technology and it is the only Certified Space Technology that works to continuously clean and protects air and surfaces 24 hours a day.
ActivePure® is the only Certified Space Technology created in cooperation with NASA to protect the health of the astronauts onboard the International Space Station.

What to Expect:

  • Protect Your Family
  • Breathe Better
  • Sleep Better
  • Feel Better
  • Eliminate Odors
  • Eliminate Allergy and Asthma Triggering Contaminants
  • Eliminate Poisonous Gases
  • Kill Mold and Fungi
  • Destroy Pathogens
  • Enjoy Peace of Mind with 24/7 Protection

What Is Discovery

What Is Discovery

by Dennis and King Law Firm in Chattanooga, TN.

Discovery comes before a trial and is a part of a civil case where both sides try to “discover” what the other side knows about the case or about the other side’s history. If a suit is filed, discovery is both crucial as well as unavoidable. During the discovery process, both sides are able to learn about the strengths and weaknesses of each other’s case resulting in little to no surprise at trial. Learning about each other’s strengths and weaknesses can also help get the case settled before it goes to trial.

Tennessee has rules that govern discovery. These rules can be found in the Tennessee Rules of Civil Procedure 26. Georgia’s discovery procedure is governed by the Official Code of Georgia Sections 9-11-26 through 9-11-36.

What can each side discover? In essence, each side can discover anything that is relevant to the case or could lead to something that is relevant to the case excluding any information that is privileged. Some of the information sought in discovery during a personal injury lawsuit includes:

  • Medical records
  • Documents
  • Identity of witnesses
  • Identity of a witness
  • Medical history
  • Photographs of injuries.

What Is Privileged Communication?

Privileged communication must meet three requirements:

  1. The person must speak or write something they thought no one else would see—an expectation of privacy.
  2. The law considers the communication confidential, such as advice from a doctor, a confession to a pastor or a priest, or conversations between spouses.
  3. One did not knowingly communicate the information to another person other than to someone the law deems a confidential communication.

How Does Discovery Actually Work?

There are four ways lawyers conduct discovery:

  • Depositions

A deposition is when a witness to a case gives out-of-court testimony that is put into writing and later used in court. A deposition typically has a court reporter present as a representative of the court. The deposition usually takes place at the office of the court reporter or at one of the law firms representing a party to the case. Depositions serve two purposes: 1) To record the recollection of witnesses while the memories are still recent and 2) To give all sides of a case a fair preview of the evidence likely to be presented at trial.

  • Interrogatories

An interrogatory is a written letter to the other side in a case, asking them to answer a question. Interrogatories are generally between twenty-five to thirty-five questions long, depending on the state. Although most interrogatories are expected to be tailored to each specific case, many of the questions are generic enough that they can be copied from case to case. In personal injury cases, for example, the questions may be as simple as “Describe the nature and extent of your injuries” or “List the number and names of each physician you visited to treat your injuries”.

  • Request for Admission

A request for admission is a written letter submitted to the other side in a case, containing factual information to which the court can admit, deny or object. Like interrogatories, requests for admissions are generally limited to around thirty questions. Unlike interrogatories, requests for admissions usually come in the form of true or false questions. Requests for admissions presented to the court are assumed factual unless the judge allows the requests withdrawn or amended.

  • Request for Production

A request for production is a written letter to the other side in a case, requesting specific books, documents, or physical items for inspection and copying. They are sometimes referred to as document requests, notices to produce, or demands for document inspections. Requests for production can also include certain electronic evidence, such as e-mails or hard drives. Requests can be denied if the requests would violate privileged communications. Parties presented with such requests can also respond and explain that the evidence requested is unavailable for certain reasons: for example, the documents suffered destruction, or the items in question are no longer in the party’s possession.

Do I Need an Attorney for Discovery?

If the point is reached in a civil trial where discovery is likely to occur, or a response is required to any of the tools of discovery, it is highly suggested that an attorney is contacted because they will be able to explain matters more comprehensively and help protect one’s rights.

A Taste of Italy

If looking to have a nice dinner out with friends, family, or anyone else for that matter, look no further than Portofino’s Greek and Italian Restaurant – a staple in East Ridge! This lovely restaurant has a homey feel and a welcoming flare. Named after a colorful fishing village in the heart of the Mediterranean, Portofino’s serves up dishes true to its roots. While it would be impossible to truly capture the essences of this town, Portofino’s in East Ridge does a fantastic job of recreating the ambiance and taste!

In true Italian fashion, the meal began with breadsticks and oil, along with a side of dolmades. The dolmades are grape leaves generously stuffed with beef and rice paired with a lemon butter that melted in your mouth. The breadsticks arrived hot, crisp and fresh from the oven, served with an herbed oil blend- the perfect starter as we talked and waited for the rest of our party.

Our last friend arrived just as we finished the appetizer. A friendly waitress, or cameriera in Italian, quickly greeted her. Our friend knew exactly what she wanted and ordered her wine for the evening-a glass of Spiropoulos Red Stag, a Greek, medium-bodied, ruby-red wine that imparted flavors of blackberry on the tongue. After one sip of hers, I had to order a glass for myself.

After chatting and enjoying our drinks, the waitress requested our order. In the spirit of adventure, I decided to try the “Tour of Greece Numero Due” consisting of a pastitsio, a Greek lasagne with a creamy béchamel sauce instead of marinara, moussaka, a baked eggplant dish, and more of those tasty dolmades! With an enticing aroma, the flavor did not disappoint.

Everything on the table looked and smelled delicious. Across the table laid a Grouper Florentine comprised of a roasted filet topped with creamy spinach and red pepper sauce; a “Tour of Greece Numero Uno;” a sampling of gyro meat as well as pork souvlaki; pita bread with a side of tzatziki sauce, and a filling vegetarian lasagne with mozzarella/romano cheese. It all tasted even better than it smelled!

Unfortunately, the downside of devouring a delicious appetizer, a few drinks, and a generous entree, is that none of us had any room left for dessert – oi′ vā′! We soon regretted this obvious mistake as we passed by the desert bar with mouthwatering cannoli and baklava teasing us as we made our way outdoors.

If seeking recommendations for a nice night out on the town without all of the downtown traffic, please visit Portofino’s Greek and Italian Restaurant in East Ridge. It is an experience like traveling to the Mediterranean without ever leaving Tennessee!

The Benefits of Having Good Tires

The Benefits of Having Good Tires

by Tire Square and Wheels in Chattanooga, TN.

Every part of a vehicle serves a purpose. However, tires are an area that often gets neglected. Having proper tires can improve fuel efficiency, handling, and overall safety. Read ahead to learn the importance of tires as well as some tips on choosing the right set.

Making a habit of continually checking tire pressure can go a long way toward improving driving practice. Under-inflated tires use up more gas, hurting a car’s fuel efficiency, while over-inflated tires can reduce handling, putting everyone on the road at a greater risk.

Remember to check the tire pressure when the tires are cold and have not been recently used. To properly control the pressure of your tires, first determine the recommended pressure for the vehicle. This number can be used to compare with the current set, which can then be measured with a tire gauge. If the set is incorrectly inflated, there are some easy methods for making the proper adjustments.

For adding pressure, drive to the nearest gas station to use an air compressor. Remove the valve stem caps from the under-inflated tires, and use the compressor to fill the tires to the correct pressure. For subtracting air, simply press down on the needle in the middle of the valve with a pen and wait until it is at the recommended amount.

There are other quick checks to survey on a day-to-day basis before stepping into a vehicle. Uneven tread wear around the edge of a tire might be indicative of improper wheel alignment. If this is the case, the car should be realigned. Doing so will increase both fuel efficiency and safety.

It is also a good idea to rotate a vehicle’s tires every so often, as front tires tend to wear quicker since they are leaned on when turning. Doing so will also help avoid various alignment issues.

Finally, check for nails or other sharp objects that might have gotten stuck in a vehicle’s tires. While punctured tires will most certainly need replacement, doing so is preferred to having an unexpected blowout on the road.

CHOOSING THE RIGHT SET

Always check the owner’s manual to ensure the proper size of tires is purchased. Not only can an ill-fitting set affect the overall comfort of driving, but it can also create a serious safety issue.

Another faux pas is mixing and matching tires. Two pairs will move differently when the vehicle is steered, affecting both the driver’s performance as well as the ability to drive smoothly and safely.

It is also very important to have a set of tires that are appropriate for current weather conditions. One trap that many drivers fall into is believing they can get away with all-season tires throughout the entire calendar year. While all-season tires are useful during the spring, summer and fall months, they are simply not safe for use during the winter. For example, they do not grip the road well and can be the main source of an accident, especially if the road is icy. As a result, make sure to always switch to winter tires near the end of the fall. For optimum safety and performance, once the ice has melted, the tire should then be switched back to all-season tires.

For further information regarding winter and all-season tires, please call Tire Square and Wheels at 423-710-1001 or find them online at tiresquareandwheel.com.