Personal Injury Lawyer Clayton County GA, Ben Windham, Weighs in on COVID-19 Impact

Ben F. Windham of Ben F. Windham P.C., Personal Injury Trial Lawyers, reports on how the COVID-19 virus has interrupted the Civil Justice System subsequently impacting Georgia’s Judicial System.

In the days shortly after March 12, 2020 the NCAA Basketball Tournament pulled the plug. This was followed by the NCAA Wrestling Tournament, the PGA, NASCAR, the NBA, Major League Baseball, all spring College sports, all live music events, and all in-person restaurants. Pretty much anything in the world came to a grinding halt from the COVID-19 virus, and subsequently all aspects of life have since been changed. One of the most fundamental and serious areas of life that has been interrupted is the Civil Justice System. Georgia’s courts have been closed by now six extensions of Supreme Court of Georgia Orders extending up and until October 10th, 2020. These measures, exercised out of abundance of caution, have and will create a massive backlog of criminal as well as civil cases in Georgia’s Judicial System.

The latest Order entered on September 10, 2020 reinstates judicial deadlines in most criminal and all civil cases to allow cases to proceed in some type of fashion, allowing attorneys to conduct discovery on behalf of their clients. The latest extension, while it still does not allow jury trials, is allowing for the convening of criminal grand juries in person or remotely to allow the consideration bills of indictment in criminal cases. The Supreme Court of Georgia has ordered that the chief judge for each Superior Court Circuit in the state form a Local Committee on Resuming Jury Trials for each county in the circuit made up of judicial system participants to develop a plan for safely resuming jury trials in the county. The latest order continues to encourage the use of technology to conduct the court’s business in all cases where it is feasible to do so.

When Georgia’s courts re-open to jury trials, criminal matters which threaten liberty will take precedence and priority. Thus, if you are pursuing a personal injury / tort claim, breach of contract, or any other civil dispute in our state’s judicial system, your delay could last for quite some time. Most county courts are unsure when and how they will institute their first jury trials and grand jury proceedings. Measures will have to be put in place to ensure the safety of those jurors and make sure that they do not come within six feet of contact from one another. Opinions on the seriousness of this virus as well as its long-term effects are varied, but one thing is for sure; obtaining civil justice against insurance companies and other corporate wrong doers will take a long time.

In a civil justice system in Georgia, where many clients of Ben F. Windham, P.C. already wait a year and a half to three years to get a trial date, the delay in newer cases could last even longer. The insurance companies who should pay the claims for the negligence of their insureds are not lost on these facts. Their offers of settlement, if any, have become unrealistically low due to the lack of threat of a trial date to hold their insured accountable. If the Georgia court system does not find a way to reopen and allow jury trials, the notion of civil justice in Georgia could be altered for decades. Delay of jury trials in to 2021 could mean a world where insurance companies which already make lowball offers will simply throw settlement demands in the garbage.

Ben F. Windham is involved in discussions with judicial leaders around the State of Georgia and doing everything he can, along with other colleagues, to implement a speedy return to a fully functioning judicial system. Ben F. Windham, P.C. is still aggressively conducting depositions and engaging in other civil discovery in an attempt to make insurance carriers treat their client’s claims seriously, despite the all but complete cessation of the Georgia court system for more than three months and the limited opening of some judicial business for the past three and one-half months. Personal Injury Lawyer Clayton County, Ben F. Windham, P.C., is hopeful for a return to normalcy for personal injury claims by the end of 2020. Justice demands it.

About Windham Law:
Ben was born in Clayton County, Georgia and raised in both the Clayton County cities of Jonesboro and Morrow. Ben F. Windham and the attorneys of Ben F. Windham, P.C., serve personal injury clients throughout Clayton County and all counties in Georgia. They specialize in seeking justice for individuals who have been injured by the negligence of others and litigate against all insurance companies providing tenacious and honest representation. Their approach is hands-on and much different from the high-volume TV and billboard lawyers. Clients of Ben F. Windham, P.C. work directly with an attorney during all phases of their case. At Ben F. Windham, P.C. expect a collaborative team with an entrepreneurial mindset determined to meet and exceed their client’s expectations each step of the way towards obtaining justice.

To learn more about Ben F. Windham P.C. Trial Attorneys, or for a free case evaluation please visit or call 833-236-9467.

Contact Info:
Name: Ben Windham
Email: Send Email
Organization: Ben F. Windham P.C.
Address: 3838 GA-42, Locust Grove, GA 30248
Phone: 833.236.9467

Release ID: 88977866