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Author Archives: S. Mark Mitchell

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 […]

Can You Bring an Emotional Distress Claim Related to COVID-19?

The novel coronavirus that causes COVID-19 is not only potentially deadly, but can be transmitted by individuals who are not showing any symptoms, so people might fear that they’ve contracted the illness even if they feel fine. While the virus has existed in the United States for months, obtaining a test is still difficult in […]

How Do Child Support and Child Custody Work in Georgia Co-Parenting?

Georgia has one of the highest divorce rates in the United States, so it is not uncommon for children to grow up splitting time between two households. Providing a stable and healthy future for children is the most important goal for most divorcing parents. But while the word “co-parenting” might sound simple, a lot of […]

Georgia Woman Sues After Fast Food Drive-Thru Injury

Many people know why takeout coffee cups are imprinted with warnings about the “hot!” contents they may contain: In 1994, a New Mexico woman won a $2.9 million verdict after she spilled scalding McDonald’s coffee in her lap and sustained third-degree burns. Since then, fast food chains have taken preventative measures to inform customers about […]

Georgia Family Awarded $1.8 Million After Mother Dies in Nursing Home

A nursing home in Tucker, Georgia was ordered to pay $1.8 million to the estate of a woman who died a month after a nursing home aide accidently rolled her off a bed, causing her to fall and suffer a brain injury. Though the DeKalb County jury found that the nursing home was not responsible […]

Do I Have to Have A Lawyer for This?

Sometimes following an initial consultation the person will ask me, “Do I have to have a lawyer to handle my divorce?”  I always answer that question by telling them that the law doesn’t require that they have a lawyer, but in the end they are going to be glad they did.  A divorce is a […]