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Author Archives: S. Mark Mitchell

Your Legal Options After an Accident with an Uninsured Motorist

A car crash can be a traumatic, stressful event under any circumstances. When you are involved in a collision with an uninsured driver, however, the situation becomes even more complex. An estimated 13 percent of drivers on American roads are uninsured. That means if you get into a collision, there is a one-in-eight chance that […]

Petitioning for Child Custody as an Equitable Caregiver

In July 2019, Georgia gave legal recognition to the importance of the role that a non-biologically related adult can play in a child’s life. With the passage of the Equitable Caregiver Act, the courts may grant custody and visitation rights to stepparents and certain other people who have provided care and support to a child. […]

Who Can File a Wrongful Death Claim in Georgia?

The death of a loved one resulting from negligent or criminal conduct creates emotional trauma for surviving family members, often accompanied by severe financial loss. While there is no way to fully compensate for such a tragedy, there is a legal remedy, known as a wrongful death claim, which allows recovery of damages on behalf […]

How Does the Length of Your Marriage Affect Spousal Support?

In Georgia, spousal support (frequently called alimony) is not calculated using a specific formula. Instead, courts determine the amount and duration of spousal support by considering each party’s financial situation, the needs of the requesting party, the ability of the other party to pay and other factors. Length of the marriage is among the factors […]

How Do You Prove the Driver Who Hit You Was Texting?

Texting while driving is such a well-recognized problem that 48 states, including Georgia, have banned it. And for good reason: the National Highway Transportation Safety Administration says five seconds is the average time a person’s eyes are off the road while texting. At 55 miles per hour, that’s enough time to cover a football field. […]

Recovering Damages Under Georgia’s Modified Comparative Negligence System

Many personal injury claims stem from accidents or other incidents where the injured party is also partially responsible.  Georgia uses a system called modified comparative negligence to factor the plaintiff’s fault into determining awards of damages. An injured person can recover monetary damages as long as he or she was no more than 49 percent […]

Can a Distraction on a Property Be the Basis for a Slip-and-Fall Claim?

Slip and falls happen every day in all kinds of locations, from restaurants to big box stores to parking lots. An entire area of law, called premises liability, has developed to address accidents resulting from various hazards on property. In Georgia, that area of law includes the distraction doctrine, which covers situations where the injured […]

How a Coronavirus-related Income Loss Could Affect Your Alimony and Child Support

Many people have faced a job loss or reduction in income due the coronavirus pandemic. In such a case it might be difficult for an ex-spouse paying alimony or a parent sending child support to keep up with their obligation. As these orders are based on the financial circumstances that existed at the time they […]

Coronavirus and Divorce: Considerations During the Pandemic

The coronavirus continues to take its toll on the health of the American people and the economy. Thousands of people are dead, hundreds of thousands are ill and millions are out of work. In addition to the damage seen in the news every day, the virus and its fallout are impacting the legal system. Notably, […]

Communicating With Your Ex About COVID-19 Custody Issues

During a crisis such as the COVID-19 pandemic, family becomes more important than ever, especially for children whose schedules have been disrupted by long-term school closures and the cancellation of other activities. Parents who are divorced or live apart for other reasons know the importance of maintaining healthy communication through difficult situations. Though this situation […]