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How Is Fault Determined After a Car Accident?
The process of determining who is at fault in a car crash sounds deceptively straightforward. It should be a matter of simply identifying the careless driver whose actions caused injuries and property damage. Unfortunately, it is not always easy to tell which party’s carelessness led to an auto accident. To further complicate matters, there are […]
Can Your Stimulus Check Be Taken Back to Pay Child Support?
The Coronavirus Aid, Relief, and Economic Security (CARES) Act brought much-needed assistance to Americans suffering from the economic downturn during the pandemic. The CARES Act gave qualifying individuals $1,200 and married couples $2,400. For each child aged 16 and under, parents received $500. Talks of the next stimulus package have been underway, with a second […]
How Do You Prove Negligence in a Premises Liability Case?
Property owners and managers have a legal responsibility to maintain safe premises, and they can be held liable for harm sustained by visitors who are lawfully on their property. However, premises liability is not absolute. It depends on proving that the owner or manager was negligent and that the negligence caused the accident that led […]
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 […]
