Georgia Law Blog
What Are the Different Types of Divorce?
Many divorces in Georgia are no-fault, which means that the divorce is based on irreconcilable differences. Georgia does, however, allow divorces that are based on specific forms of fault, such as adultery.
Continue Reading What Are the Different Types of Divorce?What You Need to Know About Spousal Abandonment in GA
If you are seeking a divorce in Georgia, you can either apply for a fault-based or no-fault divorce. The state of Georgia does recognize 13 fault-based grounds, one of which is abandonment (referred to in the law as abandonment). To claim spousal abandonment, certain criteria must be met.
Continue Reading What You Need to Know About Spousal Abandonment in GADoes Getting Remarried Affect Child Support?
When a couple divorces, each parent retains financial obligations to their children. Typically, the non-custodial parent will pay child support to the custodial parent.
Continue Reading Does Getting Remarried Affect Child Support?How Does a Judge Decide Child Support Payments?
Judges do not take the labyrinthine process of deciding child support payments in Georgia lightly because a child’s future and welfare are at stake. Different states have different laws and guidelines for calculating child support payments.
Continue Reading How Does a Judge Decide Child Support Payments?What to Do if Facing a Weapons Charge?
Acquiring skilled counsel can help protect your rights if you are facing a weapons charge. A weapons charge comes with severe penalties, including jail time and fines. Unfortunately, your punishment will not end after your time is served, with a criminal record following you for the rest of your life.
Continue Reading What to Do if Facing a Weapons Charge?Legal Custody vs. Physical Custody
Child custody is not a concept that most parents, unmarried or not, even think about while they are still together. However, if you have decided to get a divorce or end your relationship with your child’s other parent, you must understand the two fundamental types of child custody: physical and legal child custody.
Continue Reading Legal Custody vs. Physical CustodySubstance Abuse & Child Custody
When Georgia courts make child custody determinations, they focus on the best interests of the involved children, and a wide range of factors play a role. Many of these relate to each parent’s ability to adequately attend to their children’s needs, and the matter of substance abuse is a serious issue in this context.
Continue Reading Substance Abuse & Child CustodyWhat are Motions?
If you are facing a family law case, such as divorce or child custody, the requests for legal orders that you or the other party make to the court before your court date are called motions. A motion is a document filed with the Court asking the Court to take a specific action for you, or the other party.
Continue Reading What are Motions?What are the Common Causes of Highway Accidents Involving Trucks?
Commercial trucks pose a significant hazard on our nation’s roads. The figures do not lie: in 2022, 120,200 trucks were involved in injury crashes, with 5,837 fatal crashes taking place in the same year.
Continue Reading What are the Common Causes of Highway Accidents Involving Trucks?What Should I Expect During a Car Accident Lawsuit?
Every car accident lawsuit has specific circumstances that will significantly impact how the entire process will play out. At Banks, Stubbs & McFarland, you can expect an experienced Forsyth County car accident attorney to take on the legal process on your behalf.
Continue Reading What Should I Expect During a Car Accident Lawsuit?Distracted Driving Accident Causes
Distracted driving involves focusing on something else other than driving. Various activities, such as checking your mobile phone, can take your focus away from driving and can be considered distracted driving.
Continue Reading Distracted Driving Accident CausesCommon Crimes Committed in Georgia
It is estimated that every 2 minutes and 35 seconds, a crime occurs in the state of Georgia. A criminal charge will require numerous court appearances, stripping you of both your time and money. The courts are rarely transparent during the process, causing many criminal defendants to feel overwhelmed each step of the way.
Continue Reading Common Crimes Committed in GeorgiaWhat is a Felony DUI?
It is illegal to operate a motor vehicle in Georgia if you have a blood alcohol concentration (BAC) of 0.08 percent or greater. While the law levies harsh penalties against drunk drivers, the punishment is more severe if you have committed a felony DUI.
Continue Reading What is a Felony DUI?What is Reckless Endangerment When You are Driving?
Anyone who places another person in harm’s way or causes another person harm by “disregarding a substantial and unjustifiable risk” is guilty of reckless endangerment. Anytime a person makes reckless choices behind the wheel, either through an act or failure to act, this is typically charged as reckless driving.
Continue Reading What is Reckless Endangerment When You are Driving?How Do I Know If I Have a Valid Personal Injury Case in GA?
Being in an accident does not automatically mean that you can file a personal injury claim. For those unfamiliar with the law, it can be confusing to know if you have a valid claim.
Continue Reading How Do I Know If I Have a Valid Personal Injury Case in GA?What Are the Differences Between Classes of Felonies?
While every felony charge is exceptionally serious and can negatively affect your life far into the future, some are even more serious than others. The State of Georgia categorizes felony charges into different classes, and better understanding these classifications can help you better understand the charge against you.
Continue Reading What Are the Differences Between Classes of Felonies?How Long Do I Have to File a Personal Injury Lawsuit in GA?
Another party’s negligence should not force you to sacrifice your hard-earned money and happiness. Injury victims must gather relevant evidence to be awarded damages, all while recuperating from the trauma.
Continue Reading How Long Do I Have to File a Personal Injury Lawsuit in GA?Do I Have a Claim if I Fall on Public Property?
If you fell on public property, such as at a business or school, and your fall was caused by the property owner or manager’s negligence, you can file a premises liability claim and seek compensation for the losses you suffer.
Continue Reading Do I Have a Claim if I Fall on Public Property?Do Grandparents Have Rights in a Divorce?
Yes. Grandparents have rights in a divorce. However, they might need to take legal action to preserve their rights in cases where their grandchildren’s parents are embroiled in an adversarial divorce case.
Continue Reading Do Grandparents Have Rights in a Divorce?What Constitutes a High Asset Divorce?
In general, a high-asset or high-net-worth divorce refers to a divorce in which the couple owns more than a million dollars and various assets. While most divorces come with many challenges, even those that don’t involve significant assets.
Continue Reading What Constitutes a High Asset Divorce?Forsyth County Speeding Accidents
Speed is a primary factor in many dangerous car accidents, and it is closely associated with fatal crashes. Motorists who fail to obey the speed limit or to adjust their speed downward in response to the effects of bad weather or the road’s condition make our roads more dangerous for everyone who travels on them.
Continue Reading Forsyth County Speeding AccidentsThe Legal Implications of Legitimation
When a man establishes paternity, it requires him to pay support for his children. Unfortunately, unmarried fathers have no right to see their children until they confirm a blood relation by filing a Petition for Legitimation in court.
Continue Reading The Legal Implications of LegitimationHow Affordable are Adoptions in Georgia?
Adopting a child is probably one of the most exciting experiences you can have. However, it can also be overwhelming because you must make all sorts of decisions and figure out which type of adoption will suit your needs best.
Continue Reading How Affordable are Adoptions in Georgia?How to Properly Document a Truck Accident in Suwanee, Georgia
After you or a loved one suffered injuries and related damages in a Suwanee, Georgia, truck accident, your insurance claim or lawsuit’s success will be significantly dependent on your ability to prove fault and liability for the crash and the damages you sustained.
Continue Reading How to Properly Document a Truck Accident in Suwanee, GeorgiaCan a Misdemeanor Become a Felony?
Yes. A misdemeanor can become a felony, depending on the specific facts of your case. Crimes are generally categorized as misdemeanors and felonies in Georgia and all the other states.
Continue Reading Can a Misdemeanor Become a Felony?How Many Adoptions Happen Per Year?
According to the most recent data from the Georgia Department of Human Services, 1,395 children were adopted in Georgia in 2021. Adoption is so much more than a legal process.
Continue Reading How Many Adoptions Happen Per Year?What Is a Catastrophic Head Injury?
Head injuries are some of the most dangerous and unpredictable injuries, and when the injury is classified as catastrophic, it is generally life-altering. If you or someone you love has suffered a catastrophic head injury as a result of another party’s negligence, it’s time to consult with an experienced Cumming, Georgia, catastrophic head injury attorney.
Continue Reading What Is a Catastrophic Head Injury?Are There Open Container Laws in Georgia?
Yes. Georgia has open container laws. You probably know that the police can arrest and charge you with a crime if you drink and drive.
Continue Reading Are There Open Container Laws in Georgia?Uber Insurance is Changing
Many locals and tourists in Georgia use Uber daily. The rideshare service offers a convenient and practical way to get them to and from their destinations.
Continue Reading Uber Insurance is ChangingHow Long Will My Personal Injury Case Take to Settle in GA?
If you’ve suffered an injury due to someone else’s negligence, obtaining full and fair compensation that covers your all of your damages is critical. Moving the matter forward effectively and efficiently is done by following your doctors’ recommendations with a continuous course of medical treatment.
Continue Reading How Long Will My Personal Injury Case Take to Settle in GA?Steps to Take after Getting Arrested
If you’ve been arrested, it’s all too normal to do a bit of panicking, and if you find that you have no idea how to protect your rights and diminish the consequences of the situation.
Continue Reading Steps to Take after Getting ArrestedRecent Morning Crash in Forsyth County
The morning commute of 2024 in Forsyth County was met by delays due to a multi-vehicle accident. The crash took place at the crossing of Browns Bridge Road and Keith Bridge Road before 6 a.m. on January 2, 2024.
Continue Reading Recent Morning Crash in Forsyth CountyCommon Misdemeanors in Georgia
When discussing misdemeanor charges, it’s important to point out that while they are less serious than felonies, there is nothing minor about them. A misdemeanor conviction can derail your future and lead to serious social consequences.
Continue Reading Common Misdemeanors in GeorgiaWhat If An Injury From a Personal Injury Case Shows Up Years After The Accident
If an injury from a personal injury case shows up years after the accident, your options will significantly depend on whether you have settled your case or if it’s still pending.
Continue Reading What If An Injury From a Personal Injury Case Shows Up Years After The AccidentShould I Take Photos of My Accident for My Personal Injury Case?
Yes! Whether you have suffered injuries due to a motor vehicle crash, medical malpractice, a construction accident, a fire, a sports accident, a truck accident, a pedestrian crash, a slip and fall accident, a boat wreck, or a dog bite accident — you should definitely take photos of your accident for your personal injury case.
Continue Reading Should I Take Photos of My Accident for My Personal Injury Case?Can Patients Recover from Traumatic Brain Injuries?
A traumatic brain injury, or TBI, is a leading cause of death in the United States. In 2021, there were over 69,000 TBI-related deaths, with 190 TBI deaths occurring daily.
Continue Reading Can Patients Recover from Traumatic Brain Injuries?What Are The Penalties for Driving Without Insurance?
Nearly every state requires all drivers to carry auto insurance. If you get caught driving without valid auto insurance in Georgia, your license and registration will be suspended, you’ll need to pay fines and may face jail time.
Continue Reading What Are The Penalties for Driving Without Insurance?What is A Presumption of Innocence?
If you are facing any kind of criminal charge, you should know the term presumption of innocence and why it is crucial to your case. The presumption of innocence is a cardinal principle of the justice system.
Continue Reading What is A Presumption of Innocence?Can I Sue If I Get Hit by a Delivery Truck?
Yes. You can sue the liable party if you get injured by a delivery truck driver. You can pursue compensation for all your accident-associated damages, such as medical expenses, lost income, property damage, physical pain and emotional distress, among others.
Continue Reading Can I Sue If I Get Hit by a Delivery Truck?What are the Consequences for Felonies in GA?
A felony conviction can cost you more than a hefty fine and your physical freedom. A conviction will be placed on your criminal record, affecting your ability to get professional licensure, obtain suitable housing, and see your children.
Continue Reading What are the Consequences for Felonies in GA?What Evidence and Documentation Do You Need to Bring to a Personal Injury Trial?
Whether or not the defendant, the party that injured you, denies or accepts liability for your accident-related losses, you will need to gather evidence to support your claim and present it in the personal injury trial.
Continue Reading What Evidence and Documentation Do You Need to Bring to a Personal Injury Trial?The Difference Between Misdemeanors and Felonies
The nature of any punishment will depend on if you are charged with a misdemeanor or a felony. The main distinction between the two is the potential prison time, with misdemeanors only carrying a maximum jail sentence of one year.
Continue Reading The Difference Between Misdemeanors and FeloniesWhat is the Most Common Custody Arrangement In Georgia?
The most common child custody arrangement in Georgia, as in many states, is joint legal custody with one parent designated as the primary physical custodian.
Continue Reading What is the Most Common Custody Arrangement In Georgia?White-Collar Crimes: Defending Against Fraud and Embezzlement Charges
Have you been charged with, arrested for, or are being investigated for embezzlement or fraud offenses? You should know that you’re facing extremely severe repercussions and should discuss your case with the Georgia white-collar crimes attorney at Banks, Stubbs & McFarland immediately to better understand what you’re up against.
Continue Reading White-Collar Crimes: Defending Against Fraud and Embezzlement ChargesHow does a family law attorney help you?
Family courts in Georgia oversee a wide range of legal matters involving your marriage, children, and other family concerns.
Continue Reading How does a family law attorney help you?What Should You Do If You Receive a Restraining Order?
If you just received a restraining order, formally known as a temporary protective order or order of protection in Georgia, do not panic. To better understand what you can and can’t do while the restraining order is in effect, consult with a Georgia criminal defense lawyer right away.
Continue Reading What Should You Do If You Receive a Restraining Order?Can I Pursue a Car Accident Claim if I didn't have My Seatbelt On?
In Georgia, everyone must wear seatbelts in the front seat of vehicles, and minors under age 15 must wear seatbelts, no matter where they are sitting.
Continue Reading Can I Pursue a Car Accident Claim if I didn't have My Seatbelt On?What is Tax Fraud?
There are two certainties in life: death and taxes. Although none of us enjoy paying our taxes, some people attempt to defraud the government by providing false information or failing to include all the income that they earned during the year.
Continue Reading What is Tax Fraud?What is Fair Compensation for Pain and Suffering?
Injury victims may be eligible to be compensated for their medical bills, lost wages, and damage to property. Perhaps not as widely known, an injured party may be able to receive additional compensation for pain and suffering.
Continue Reading What is Fair Compensation for Pain and Suffering?Who Will Handle My Personal Injury Case at Banks, Stubbs & McFarland?
No one wants to be forced into handling a personal injury claim. If you cannot obtain fair compensation from the insurance adjuster, you will have to file a personal injury lawsuit to be made whole for your serious injuries.
Continue Reading Who Will Handle My Personal Injury Case at Banks, Stubbs & McFarland?Is the Truck Driver Shortage Increasing the Risk of Truck Accidents?
While there are more truck drivers on the road than ever before, the demand for truckers is increasing faster than the workforce.
Continue Reading Is the Truck Driver Shortage Increasing the Risk of Truck Accidents?Differences Between a Felony and a Serious Felony
Georgia law defines a felony as a crime punishable by the death penalty, life in prison, or imprisonment for more than one year. Even after serving time, your civil and political rights will be taken away.
Continue Reading Differences Between a Felony and a Serious FelonyHow to Successfully Negotiate a Personal Injury Claim
The law holds negligent parties responsible for the harm they cause to others. If you suffered a personal injury, you have the right to seek compensation if someone else was to blame - usually through their insurance coverage.
Continue Reading How to Successfully Negotiate a Personal Injury ClaimThe Role of Evidence in Winning Your Personal Injury Case
For a personal injury victim to receive compensation, the individual must first prove that the other party committed a wrongful act and, by doing so, caused the injured party actual harm.
Continue Reading The Role of Evidence in Winning Your Personal Injury CaseDo you have to pay child support if you have 50/50 custody?
In Georgia, even if parents share joint physical custody on a 50/50 basis, it does not necessarily absolve either party from the responsibility of paying child support to the other parent.
Continue Reading Do you have to pay child support if you have 50/50 custody?At what age can a child refuse to see a parent in Georgia?
You might be seeking a shared custody arrangement from the court, or you might have a shared custody arrangement where your child spends time living with both parents, and it works out for a period of time.
Continue Reading At what age can a child refuse to see a parent in Georgia?What if Both Parents Want to Change the Custody Agreement?
When a family court issues a child custody order, it is based on the circumstances of the child and parents at that time.
Continue Reading What if Both Parents Want to Change the Custody Agreement?What Constitutes Self-Defense?
One of the most basic rights you have as an American is the right to defend yourself from harm. That’s why self-defense, while complicated, can be a valid defense under specific circumstances.
Continue Reading What Constitutes Self-Defense?Dividing Property in a Divorce: Mediation vs. Litigation
While every divorce is different, the law requires every divorcing couple to resolve certain matters before ending their marriage.
Continue Reading Dividing Property in a Divorce: Mediation vs. LitigationHow is Mediation Handled?
For many families, the emotional and financial costs of litigating their family issues in court outweigh the benefits they may gain from resolving their disputes.
Continue Reading How is Mediation Handled?How Are My Assets Divided in a Divorce Mediation?
Figuring how marital assets will be divided between spouses is among the hardest and most disputed aspects of a divorce.
Continue Reading How Are My Assets Divided in a Divorce Mediation?What is an arraignment?
There are many stages of the criminal process between an arrest and the resolution of your case. One of the first formal hearings you must attend if you are charged with a crime is called an arraignment.
Continue Reading What is an arraignment?What Makes a Crime Domestic Violence?
No one should feel uncomfortable, frightened, or unsafe in their own homes. To ensure that the legal rights of domestic violence victims are protected, the state imposes severe penalties on people who have committed a domestic violence offense.
Continue Reading What Makes a Crime Domestic Violence?Criminal Law and Technology: Cybercrime, Digital Evidence, and More
We live in a hyper-connected world. In 2023, not only is your cell phone connected to the internet, but it’s also possible that your fridge, washing machine, and car are.
Continue Reading Criminal Law and Technology: Cybercrime, Digital Evidence, and MoreCan you refuse to show your ID to an officer in Georgia?
People have certain rights regarding interactions with law enforcement officers, and this is no different in the State of Georgia.
Continue Reading Can you refuse to show your ID to an officer in Georgia?How long can the police hold you in Georgia?
In Georgia, as in the rest of the United States, the police have specific guidelines regarding the detention of individuals.
Continue Reading How long can the police hold you in Georgia?What are the Penalties for Aggravated Assault in GA?
Often, people face misdemeanor charges for assault. Though misdemeanors are serious matters, they are less severe than felony charges.
Continue Reading What are the Penalties for Aggravated Assault in GA?What is the Sentence for Vehicular Homicide in GA?
Most driving-related violations are considered minor offenses in Georgia. However, there are times when an offense stemming from driving can have very serious consequences.
Continue Reading What is the Sentence for Vehicular Homicide in GA?How Long Will My PI Claim Take to Settle?
When you pursue compensation for a costly injury, it is natural to wonder when you might expect to receive your settlement.
Continue Reading How Long Will My PI Claim Take to Settle?Why You Should Take a Social Media Break After an Accident and Injuries
Every experienced personal injury lawyer will advise clients to stay off social media following their injuries.
Continue Reading Why You Should Take a Social Media Break After an Accident and InjuriesNegligent Dump Truck Drivers
When you think of truck crashes, you might first imagine a semi-truck hitting a smaller car. However, we regularly share the road with large dump trucks, which can weigh up to 80,000 pounds when fully loaded.
Continue Reading Negligent Dump Truck DriversIs Georgia a No Fault Insurance State for Car Accidents?
There are two primary types of state laws regarding insurance claims following car accidents: no-fault and fault-based laws.
Continue Reading Is Georgia a No Fault Insurance State for Car Accidents?Can You Drive After a DUI in Georgia?
If you were arrested recently for DUI in Georgia, the arresting officer probably confiscated your license and gave you a 1205 form notifying you of their intent to have your license suspended due to the charge against you.
Continue Reading Can You Drive After a DUI in Georgia?Why Do You Need a Personal Injury Lawyer?
Motor vehicle crashes, nursing home abuse, pedestrian accidents, bicycle crashes, slip and falls, workplace accidents, and various incidents caused by negligence or wrongful intentional acts can leave people suffering from devastating physical, financial, and emotional injuries.
Continue Reading Why Do You Need a Personal Injury Lawyer?The Role of Expert Witnesses in Personal Injury Cases: Leveraging Specialized Testimony for Maximum Impact
Personal injury cases, especially those that involve significant injuries and damages, will require solid evidence and expertise to prove causation and liability and establish the injured victim’s losses.
Continue Reading The Role of Expert Witnesses in Personal Injury Cases: Leveraging Specialized Testimony for Maximum ImpactHow Can a Judge Impact Personal Injury Cases?
In personal injury cases that involve jury trials, judges can significantly impact the outcome of these cases by how they rule on pre-trial motions and trial objections.
Continue Reading How Can a Judge Impact Personal Injury Cases?What Constitutes Damages in Georgia Personal Injury Cases?
Suffering injuries due to another’s negligent or wrongful actions can change your life in a flash. You are most likely facing costly medical expenses, lost income, emotional distress, pain, suffering and reduced quality of life.
Continue Reading What Constitutes Damages in Georgia Personal Injury Cases?Steps to File an Accident Claim
When you get injured or suffer property damage in a car accident, you may pursue compensation from the at-fault party.
Continue Reading Steps to File an Accident ClaimWhat Are The Penalties for Multiple DUIs in GA?
Any DUI arrest in Georgia must be taken seriously, especially if you already have one or a couple of prior DUI convictions. Georgia doesn’t hold back when imposing harsh penalties on a first-offense DUI.
Continue Reading What Are The Penalties for Multiple DUIs in GA?Major Crash on I-85 in Gwinnett County
A major crash along I-85 in Gwinnett County, GA, kept traffic at a standstill for almost four hours. The pileup crash took place at approximately 8 a.m. near State Route 317, Lawrenceville-Suwanee Road, blocking all six northbound lanes.
Continue Reading Major Crash on I-85 in Gwinnett CountyPunitive Damages vs. Compensatory Damages
If you suffered injuries and other losses in an accident because of someone else’s negligence, you are probably wondering how much compensation you can realistically recover.
Continue Reading Punitive Damages vs. Compensatory DamagesWhat is Vehicular Homicide?
A loved one’s death is one of the most tragic life experiences people can go through. But losing a loved one in a vehicular homicide incident can be even more tragic and harder to handle.
Continue Reading What is Vehicular Homicide?Driver Error Caused Deadly Tanker Crash
Sharon Hall, a 54-year-old woman, succumbed to her injuries in Northeast Georgia Medical Center after the car she was riding and crashed into a tanker truck on March 6, 2023, Monday.
Continue Reading Driver Error Caused Deadly Tanker CrashNavigating Family Law Matters: How Gwinnett County Family Law Attorneys Can Help You Protect Your Family's Interests
Family law matters can be incredibly challenging. If you are going through a stressful family issue that requires some kind of legal action, it is essential that you get the right information moving forward.
Continue Reading Navigating Family Law Matters: How Gwinnett County Family Law Attorneys Can Help You Protect Your Family's InterestsWhat You Should Know About Dump Truck Accidents
Dump trucks are some of the most common and heavily used equipment in construction sites. They are used for moving concrete, gravel, sand, dirt, and other materials.
Continue Reading What You Should Know About Dump Truck AccidentsHow is Child Support Calculated in GA?
When you have sole or primary physical custody of your child, the other parent is usually responsible for paying child support.
Continue Reading How is Child Support Calculated in GA?Steps to Hiring a Barrow County Personal Injury Attorney
Accidents happen to many people every day. Sometimes, these accidents pose significant physical, financial, and emotional injuries.
Continue Reading Steps to Hiring a Barrow County Personal Injury AttorneyCan I Give My Spouse The Divorce Papers Myself?
Regardless of where you live and in which state you are filing a divorce, you must serve your spouse the divorce paperwork.
Continue Reading Can I Give My Spouse The Divorce Papers Myself?How Easy Is it to Modify Child Support in GA?
Unfortunately, modifying child support is not easy, whether in GA or other states. Once a child support order is in effect, it can only be modified if one parent requests the court to change the existing order.
Continue Reading How Easy Is it to Modify Child Support in GA?What Is the Divorce Process in GA?
The divorce process in Georgia involves filing for divorce, serving the other spouse with the divorce papers, negotiating the terms of your divorce, and finalizing the matter, but there is – of course – a lot more to it than this.
Continue Reading What Is the Divorce Process in GA?Experience Matters When Hiring an Injury Lawyer in Hall County
Unfortunately, your injuries might not have been properly diagnosed or fully treated when you receive your medical bills and calls from the insurance company and legal team of the negligent party whose actions left you injured. During this time, your focus should be on recovering from your injuries. Instead, you may be anxious about how you’re going to pay your bills and hold the negligent party liable for your injury-related losses.
Continue Reading Experience Matters When Hiring an Injury Lawyer in Hall CountyWhat to Do in a Hit and Run Accident?
Anyone injured by another person or party has the right to seek compensation through a personal injury claim. For clear liability claims with proper medical documentation of injuries, most of these claims can be resolved directly with the insurance adjuster without having to take them to court. The injured party's attorney should prepare a comprehensive demand letter putting the adjuster on notice of the specific injuries and damages that their insured caused.
Continue Reading What to Do in a Hit and Run Accident?What is a Personal Injury Claim?
Anyone injured by another person or party has the right to seek compensation through a personal injury claim. For clear liability claims with proper medical documentation of injuries, most of these claims can be resolved directly with the insurance adjuster without having to take them to court. The injured party's attorney should prepare a comprehensive demand letter putting the adjuster on notice of the specific injuries and damages that their insured caused.
Continue Reading What is a Personal Injury Claim?How Are Personal Injury Settlements Paid Out?
Anyone injured by another person or party has the right to seek compensation through a personal injury claim. For clear liability claims with proper medical documentation of injuries, most of these claims can be resolved directly with the insurance adjuster without having to take them to court. The injured party's attorney should prepare a comprehensive demand letter putting the adjuster on notice of the specific injuries and damages that their insured caused.
Continue Reading How Are Personal Injury Settlements Paid Out?Do Headphones Put Pedestrians in Danger? If They Are in an Accident but Have Headphones on, Who is Liable?
Headphones have long been a popular and convenient piece of technology in Forsyth County and beyond. They allow each individual their own listening experience and control over what they listen to and how loud. What's not to like about them? They can put pedestrians in danger. Pedestrians already have enough risks and hazards on the road.
Continue Reading Do Headphones Put Pedestrians in Danger? If They Are in an Accident but Have Headphones on, Who is Liable?Can I Represent Myself in a PI Case?
You are not legally required to have a lawyer represent you in a personal injury case. However, while you are free to represent yourself in a personal injury claim, having a lawyer on your side is recommended, particularly if you suffered serious injuries that affected your ability to earn a living for your family and left you struggling with medical bills and other expenses related to the accident.
Continue Reading Can I Represent Myself in a PI Case?What is the Statute of Limitations for an Accident in GA?
Sustaining an injury in an accident is usually quite unexpected. While recovering from your injuries, there may be other things to worry about, such as getting your vehicle repaired or finding help around the house with the tasks you can't physically complete right now. However, during this time, it's also crucial that you contact a Suwanee personal injury attorney.
Continue Reading What is the Statute of Limitations for an Accident in GA?2022 is The Year for Holiday “Revenge Travel” for Many Americans
All travel plans, whether for leisure, business, or the holidays, were canceled because the entire travel industry came to a standstill for two years due to the Covid-19 pandemic. Now that stay-at-home orders and travel bans have been lifted, everyone’s naturally itching to go on the road and see friends and loved ones for the holidays. More and more people are even planning to travel for the holidays despite their financial issues.
Continue Reading 2022 is The Year for Holiday “Revenge Travel” for Many AmericansIs it Helpful to Have a Witness in a Car Accident Case?
Car accidents occur on Georgia roadways every single day. While they are unfortunately common, that does not make them any less frightening and overwhelming. Additionally, car accidents are the top cause of deaths resulting from injuries and the second leading cause of emergency room visits and hospitalizations in the state.
Continue Reading Is it Helpful to Have a Witness in a Car Accident Case?Car Accident Stats in Gwinnett County
Car accidents occur on Georgia roadways every single day. While they are unfortunately common, that does not make them any less frightening and overwhelming. Additionally, car accidents are the top cause of deaths resulting from injuries and the second leading cause of emergency room visits and hospitalizations in the state.
Continue Reading Car Accident Stats in Gwinnett CountyWhat Should I Take Photos of After Someone Hits Me?
If another driver hits your vehicle, you must prove that the driver’s actions resulted in your injuries in order to make a successful claim against their insurance company. Keep in mind that the authorities will usually clean up car accident scenes as soon as possible. The cars involved may be moved or towed away, and debris will be swept up to prevent congestion in the affected area.
Continue Reading What Should I Take Photos of After Someone Hits Me?Delayed Injuries You Could Get After a Car Accident
You can suffer all kinds of injuries after a car crash. But not all injuries show symptoms right away. Sometimes, you may have suffered an injury without realizing it and only experience symptoms a couple of hours or days after the accident. The Duluth car accident attorneys at Banks, Stubbs & McFarland routinely work with clients who have suffered from common delayed injuries following a car accident.
Continue Reading Delayed Injuries You Could Get After a Car AccidentCan I Move Out of State with My Child During a Divorce?
Divorce is a stressful process, even more so when you are a parent to minor children. If you are thinking about getting divorced or are in the process of getting divorced, you might be dreaming of building a new life for yourself out of state.
Continue Reading Can I Move Out of State with My Child During a Divorce?How Long Do I Have to Pay Alimony For?
Many things change when a couple gets divorced. One thing that can change significantly is the financial circumstances of each spouse.
Continue Reading How Long Do I Have to Pay Alimony For?What is the Divorce Process? What Happens if They Can Not Agree?
Divorce is never an easy process. There are many ways to reach a divorce settlement. However, it is easier if couples can negotiate and agree on the major aspects of their divorce.
Continue Reading What is the Divorce Process? What Happens if They Can Not Agree?How Does GA Define Joint Custody?
Georgia law recognizes two types of child custody: legal custody and physical custody. Legal custody can be either sole or joint, and physical custody can be sole, joint, or primary/secondary.
Continue Reading How Does GA Define Joint Custody?Can a Child Appeal a Custody Ruling?
Child custody can be one of the most emotional and contentious issues in a divorce or in a situation where the parents were never married and no longer or never lived together.
Continue Reading Can a Child Appeal a Custody Ruling?Does Legal Separation Need to Precede a Divorce in GA?
Not exactly, because Georgia doesn’t recognize legal separations. If you and your spouse are not sure if you want a divorce yet but want to be separated, you can opt for separate maintenance.
Continue Reading Does Legal Separation Need to Precede a Divorce in GA?Only 16% of Hospitals Comply With The Federal Hospital Price Transparency Law
Approximately 20 months after the Federal Hospital Price Transparency Law went into effect, around three-quarters of hospitals in Georgia continue hiding the costs of care from patients.
Continue Reading Only 16% of Hospitals Comply With The Federal Hospital Price Transparency LawHiring a Personal Injury Lawyer Will Help You Take Home More Compensation
After a motor vehicle crash, slip and fall accident, work injury, pedestrian accident, bicycle crash, or any other type of accident where another person or entity’s negligence left you injured, you may be thinking about filing a personal injury claim to recoup the costly out-of-pocket losses you incurred.
Continue Reading Hiring a Personal Injury Lawyer Will Help You Take Home More CompensationWhy Are Rear-End Accidents So Common in GA?
Based on statistics from the National Highway Safety Traffic Administration (NHTSA), 1,457,155 rear-end crashes occurred in 2020.
Continue Reading Why Are Rear-End Accidents So Common in GA?Is it Ok to Post on Social Media about My Car Crash?
With approximately six million motor vehicle accidents in the U.S. each year, the steps you should take after a crash are well-established.
Continue Reading Is it Ok to Post on Social Media about My Car Crash?How Prior Injuries Can Affect a New Car Accident Claim
Can you imagine having surgery for a fractured leg after falling off the stairs or playing a sport and then being hit by a negligent driver only a month after your surgery and aggravating your already injured leg?
Continue Reading How Prior Injuries Can Affect a New Car Accident ClaimWhat If I Cannot Find My Spouse During The Divorce Proceedings?
At the start of every divorce case in Georgia, the spouse who wants to file for divorce, called the petitioner or plaintiff, must serve the other spouse, called the defendant, a copy of the divorce petition and a summons.
Continue Reading What If I Cannot Find My Spouse During The Divorce Proceedings?What Happens if I am Injured in a Crash Due to a Pothole?
Weather and road conditions, disabled cars, and emergency vehicles bring increased traffic, and distractions, to everyday driving in Georgia.
Continue Reading What Happens if I am Injured in a Crash Due to a Pothole?How Seat Belts Can Affect Your Personal Injury Claim
Most motorists and passengers know that they must buckle up to protect their safety on the road and because it’s the law.
Continue Reading How Seat Belts Can Affect Your Personal Injury ClaimVisitation During The Holidays
The holidays should be a time of happiness, joy, and celebration with family and friends.
Continue Reading Visitation During The HolidaysHow Should I Handle an Accident with a USPS Truck?
Getting into any type of motor vehicle accident can be highly stressful. You may be unsure of what to do next, what your rights are, and how this will all impact your life.
Continue Reading How Should I Handle an Accident with a USPS Truck?Why Didn't My Airbags Deploy in My Crash?
If you are involved in a car accident that produces considerable impact, you can expect your airbags to deploy in the process.
Continue Reading Why Didn't My Airbags Deploy in My Crash?How Assets Are Divided in Divorce
Not everyone’s marriage ends in happily ever after. Sometimes, they end in divorce. The divorce process usually comes with a host of financial and legal issues.
Continue Reading How Assets Are Divided in DivorceGeorgia is Not Immune to Road Rage
All drivers are human with the propensity to get angry at various situations from time to time. This is a natural part of being human and dealing with other people.
Continue Reading Georgia is Not Immune to Road RageWhat to Do as a Bystander or Witness to a Truck Accident
Witnessing a truck accident is often traumatic, and while you might want to put the entire incident out of your mind entirely, the fact is that you may have valuable information that could help the accident victim obtain the compensation he or she needs to be made whole.
Continue Reading What to Do as a Bystander or Witness to a Truck AccidentWhat Evidence Do Courts Consider When Dividing Property in a Divorce?
In a Georgia divorce, you and your spouse must resolve various issues like property division, alimony, child custody, and child support.
Continue Reading What Evidence Do Courts Consider When Dividing Property in a Divorce?Can Prior Injuries Affect a New Car Accident Claim
If you have been injured by another driver’s negligence, the path forward can be challenging enough, but if you have prior injuries or a preexisting condition, it is likely to be complicated.
Continue Reading Can Prior Injuries Affect a New Car Accident ClaimWhat Should I Know Before Filing a Car Accident Claim in GA?
Involvement in a Georgia car accident can turn your life upside down. One minute you're feeling fine, driving to your destination, and the next, your car is totaled, and you are in an ambulance on the way to the hospital.
Continue Reading What Should I Know Before Filing a Car Accident Claim in GA?What are Georgia's Community Property Laws?
Facing a divorce potentially means giving up some of your assets, whether by choice or otherwise.
Continue Reading What are Georgia's Community Property Laws?Can Seat Belts Affect Your Personal Injury Claim?
If you were not wearing a seat belt when you were injured by another driver’s negligence, you may have serious concerns about whether this fact will affect your claim.
Continue Reading Can Seat Belts Affect Your Personal Injury Claim?I Was Hit by an Amazon Driver Can I Sue the Company?
Amazon is a sprawling company, and you can see its reach everywhere you go – including on the road.
Continue Reading I Was Hit by an Amazon Driver Can I Sue the Company?How Does Millitary Divorce Work
Married military couples face much of the regular stressors that civilian couples face, plus some.
Continue Reading How Does Military Divorce WorkWhat If I Lost a Loved One Due to Someone Else’s Negligence?
Surviving family members whose loved one was killed because of another individual or entity’s negligence have all the right to bring a wrongful death action against the negligent party with the assistance of a qualified and reliable Cumming, GA, wrongful death attorney.
Continue Reading What If I Lost a Loved One Due to Someone Else’s Negligence?How Do You Modify an Existing GA Custody Order?
Custody orders protect children and their parents when the parents no longer live together or are divorced.
Continue Reading How Do You Modify an Existing GA Custody Order?What Does Equitable Division Mean in a GA Divorce?
Divorce is a stressful time. It's one that involves many issues that must be settled before a couple can sever their ties and go in different directions.
Continue Reading What Does Equitable Division Mean in a GA Divorce?How Can Social Media Negatively Impact My PI Case?
Social media is the most popular and widely used mode of communication for keeping up with family and friends.
Continue Reading How Can Social Media Negatively Impact My PI Case?What is Retroactive Child Support?
Child support is often one of the most contentious issues for parents who have kids together and are separated
Continue Reading What is Retroactive Child Support?What You Need to Know About Stepparent Adoption in Georgia
Stepparents often become essential parts of children’s lives. In most cases, when families blend, stepparents may wish to adopt their stepchild to make their relationship legal and official.
Continue Reading What You Need to Know About Stepparent Adoption in GeorgiaDo Hospitals and Health Insurance Companies Work Together?
Beware that sometimes a hospital will not file a claim against the health insurance provider of a person who has been injured in an accident and will instead file a hospital lien.
Continue Reading Do Hospitals and Health Insurance Companies Work Together?What Are Common Causes of Pedestrian Accidents in Cities?
Most pedestrian injuries and deaths happen in urban settings. Unfortunately for pedestrians, they have an increased risk of being killed in traffic accidents than other road users, such as motorists, bicyclists, and motorcyclists.
Continue Reading What Are Common Causes of Pedestrian Accidents in Cities?What Should You Gather at The Scene of an Accident?
Your health and safety are your main priorities following a car accident, so after calling 911 and making sure that you can move safely, you should gather information at the accident scene.
Continue Reading What Should You Gather at The Scene of an Accident?How Old Does a Child Have to Be to Refuse Visitation?
Under the Georgia Code, children who are 14 years of age may refuse visitation with the other parent.
Continue Reading How Old Does a Child Have to Be to Refuse Visitation?Can Social Media Hurt Your Auto Accident Claim?
Yes, posting about your auto accident or even something that may be potentially related to your condition, or the accident can hurt your auto accident claim.
Continue Reading Can Social Media Hurt Your Auto Accident Claim?How Long Do I Have to File a Personal Injury Claim in GA After an Accident?
If you are thinking of bringing a personal injury lawsuit, whether after a slip and fall accident, motor vehicle crash, or some other accident where another person’s actions resulted in your injuries, it is important to ensure that you comply with Georgia’s statute of limitations for personal injury cases.
Continue Reading How Long Do I Have to File a Personal Injury Claim in GA After an Accident?Does a Stepparent Have Any Legal Rights?
Before the Equitable Caregiver Act was signed into law, stepparents were not afforded visitation and custody rights under the law.
Continue Reading Does a Stepparent Have Any Legal Rights?How Do You Prove That The At-Fault Driver Was Texting and Driving?
Texting and driving, also commonly known as distracted driving, is one of the leading causes of motor vehicle accidents in the U.S. According to the NHTSA, distracted driving claimed the lives of 3,142 people in 2020.
Continue Reading How Do You Prove That The At-Fault Driver Was Texting and Driving?How Does Weather Impact Fault in Highway Crashes?
Weather-related motor vehicle crashes contribute to a high number of fatalities in the U.S. than catastrophic weather disasters, such as floods, hurricanes, and tornadoes.
Continue Reading How Does Weather Impact Fault in Highway Crashes?How Do You Determine Fault in an Accident?
If you’ve been hurt in an accident, such as a slip and fall, motor vehicle crash, or an accident involving a defective product, one of the most crucial elements of your personal injury claim is proving fault for the accident.
Continue Reading How Do You Determine Fault in an Accident?Does Vehicle Maintenance Play a Factor in Causes of Accidents?
Yes. Keep in mind that all drivers owe a legal duty of care to keep all other road users safe.
Continue Reading Does Vehicle Maintenance Play a Factor in Causes of Accidents?Avoiding Highway Distractions Can Avoid Crashes
Deputies from the Cherokee Sheriff’s Office responded to a two-vehicle crash on Cumming Highway on January 19 at approximately 11:30 a.m., where a dump truck on Cumming Highway hit a Chevrolet flatbed truck head-on.
Continue Reading Avoiding Highway Distractions Can Avoid CrashesBus Accident Injuries in Gwinnett County
Three persons were rushed to the hospital after a motor vehicle crash on Ga. 400 and Martin Road on February 8.
Continue Reading Bus Accident Injuries in Gwinnett CountyDoes Child Support Increase If My Salary Increases in Suwanee?
Any time that parents get a divorce, they must make sure that their child’s financial needs will be properly accounted for and detailed in a child support order before the court finalizes the divorce.
Continue Reading Does Child Support Increase If My Salary Increases in Suwanee?How Does Moving Out Affect Divorce in Georgia?
There are various reasons why a person dealing with divorce would want to move out of the marital home.
Continue Reading How Does Moving Out Affect Divorce in Georgia?Why Are Motorcycle Accidents Worse than Auto Accidents in Cumming?
Motorcyclists are always at risk of severe injuries when they are involved in a collision. Below, we look at why motorcycle accidents are often worse than auto accidents and how bikers can stay safe.
Continue Reading Why Are Motorcycle Accidents Worse than Auto Accidents in Cumming?How Are Truck Accidents Different Than Car Accidents in Suwanee?
Unfortunately, our legal team has seen firsthand how damaging truck accidents can be. We cannot understate the importance of driving with extra caution near semi-trucks, delivery trucks, dump trucks, buses, and the like.
Continue Reading How Are Truck Accidents Different Than Car Accidents in Suwanee?Congress Mandates New Car Technology to Stop Drunk Driving in GA
Our Georgia injury lawyers represent many people who were injured by drunk drivers. These accidents are truly devastating because they are completely preventable.
Continue Reading Congress Mandates New Car Technology to Stop Drunk Driving in GAWhat Happens to My Child Support If I Remarry?
Remarriage, whether by the custodial parent or the parent paying child support, will not usually impact support payments.
Continue Reading What Happens to My Child Support If I Remarry?Can I Appeal a Child Custody Ruling?
Courts and judges strive to do their very best to rule in the child’s best interest. Occasionally, however, they make mistakes.
Continue Reading Can I Appeal a Child Custody Ruling?I Was Hurt In A Rear-end Collision in Suwanee, Now What?
According to statistics, there are approximately 1.7 million rear-end collisions in the United States each year.
Continue Reading I Was Hurt In A Rear-end Collision in Suwanee, Now What?What Should I Do If I’m Injured In A Crash With A UPS Truck in Suwanee?
Did you know that in recent years, UPS expanded its use of collision mitigation systems on its vehicles?
Continue Reading What Should I Do If I’m Injured In A Crash With A UPS Truck in Suwanee?How To Get The Most Compensation After An Accident In GA
According to data released by the Georgia Department of Transportation, there were approximately 331,796 reported car accidents in 2020.
Continue Reading How To Get The Most Compensation After An Accident In GAHow Does a Judge Determine Custody in a Suwanee Divorce Case?
Custody matters can be a particularly stressful part of a divorce case, especially if you are unsure how courts decide custody arrangements.
Continue Reading How Does a Judge Determine Custody in a Suwanee Divorce Case?When Can a Divorce Decree be Set Aside in GA?
A Forsyth County family law attorney can help if you think you might need to set aside your Georgia divorce decree.
Continue Reading When Can a Divorce Decree be Set Aside in GA?FMCSA Requires States to Downgrade CDLs for Drivers with Alcohol or Drug Violations
The Federal Motor Carrier Safety Administration (FMCSA) continues to tighten the restrictions on commercial drivers that violate federal alcohol and drug regulations.
Continue Reading FMCSA Requires States to Downgrade CDLs for Drivers with Alcohol or Drug ViolationsWhat Injuries Can You Get From Being Rear-Ended?
In 2019, rear-end crashes resulted in 595,000 injuries and 2,346 deaths. Potential injuries from a rear-end accident can range from minor aches and pains to catastrophic injuries requiring a lifetime of medical care.
Continue Reading What Injuries Can You Get From Being Rear-Ended?What Insurance Must Motorcycle Riders Carry in Georgia?
In Georgia, anyone that operates a motor vehicle or a motorcycle must have minimum amounts of auto insurance coverage in case of motor vehicle accidents.
Continue Reading What Insurance Must Motorcycle Riders Carry in Georgia?Will an Uninsured Driver Automatically Be At Fault for a Crash?
While the vast majority of states, excluding Virginia and New Hampshire, require that all motor vehicle operators carry minimum limits of auto insurance coverage, an uninsured driver will not automatically be found at fault and liable for a car crash.
Continue Reading Will an Uninsured Driver Automatically Be At Fault for a Crash?How is Marital Debt Decided in GA?
Divorce is not just about divvying your assets. When the time comes for spouses to split up and go their separate ways, they will also have to split up the debt they incurred during their marriage.
Continue Reading How is Marital Debt Decided in GA?Accidents With or Without Motorcycle Helmets
Motorcycles are a symbol of American freedom. Many Georgia residents like to ride them to explore this great state, to enjoy the outdoors, or to save money on gas.
Continue Reading Accidents With or Without Motorcycle HelmetsRoad Fatalities During the Thanksgiving Holiday Period
According to AutoInsurance.org, Thanksgiving is the 9th deadliest holiday to be on the road in America.
Continue Reading Road Fatalities During the Thanksgiving Holiday PeriodWhat are Examples of Security Negligence?
When visiting a property or business, you have the right to be reasonably safe. Property owners, business owners, and lessees are responsible for ensuring their premises are safe and secure.
Continue Reading What are Examples of Security Negligence?How Often Do Dump Truck Accidents Happen?
Driving directly behind a dump truck causes some drivers genuine anxiety, and there's a valid reason for their concern.
Continue Reading How Often Do Dump Truck Accidents Happen?How Does GA Handle Accidents with Driver Permits?
Causing a motor vehicle accident or playing a role in causing one can have serious consequences. However, the severity of those consequences can vary depending on if you are a licensed driver, a driver with a suspended license or no license at all, or a permitted driver.
Continue Reading How Does GA Handle Accidents with Driver Permits?What if my spouse disappears during the divorce process?
When you are getting divorced, you are seeking a life separate from your spouse. However, what happens if your spouse takes off and disappears before your divorce is finalized? Can you still conclude your divorce case and move on with your life?
Continue Reading What if my spouse disappears during the divorce process?At What Age Can a Child Refuse Visitation in Georgia?
When the court orders a custody arrangement, is there a point when a child can decide not to abide by that arrangement? As a child gets older, they might have a better idea of what they want, and they might want to stop trekking between their parents’ homes.
Continue Reading At What Age Can a Child Refuse Visitation in Georgia?Should I Get a Protective Order During Divorce?
Divorce could be an especially triggering event for family violence. Domestic abuse
Continue Reading Should I Get a Protective Order During Divorce?What Are Common Visitation Rights in GA?
When parents get a divorce or separate, they will need to face some key legal issues regarding the custody of their children.
Continue Reading What Are Common Visitation Rights in GA?Learn How a New DUI Initiative in Georgia Might Affect You
The Georgia Department of Driver Services reported 2,878 Administrative License Suspensions and 12,008 Driving Under the Influence (DUI) Convictions in 2020.
Continue Reading Learn How a New DUI Initiative in Georgia Might Affect YouCan a Child Request to Change Custody in GA?
In Georgia, children who are 14 years old or older can pick which parent they want to live with. However, a parent has to be the one to actually file a case to change custody.
Continue Reading Can a Child Request to Change Custody in GA?How Are Assets Divided During a Divorce?
Because Georgia follows the equitable distribution or division principle when dividing assets in a divorce, a divorcing couple must divide their marital property in an equitable and fair way
Continue Reading How Are Assets Divided During a Divorce?How Common are Car Crashes in Cumming?
Even though car accidents are increasingly common occurrences, they are no less damaging and negatively impactful upon your life.
Continue Reading How Common are Car Crashes in Cumming?Truck accidents on North Georgia Roads
Truck accidents can be especially stressful, given the increased risk of injury or even death for passenger vehicle occupants in accidents with trucks.
Continue Reading Truck accidents on North Georgia RoadsShould I Seek Medical Care After a Motorcycle Accident?
If you have been in a motorcycle accident, seeking out immediate emergency medical attention is recommended.
Continue Reading Should I Seek Medical Care After a Motorcycle Accident?When Is It Worth Filing A Personal Injury Case In Court?
If you have been seriously injured in an accident, then you know the consequences of another person’s negligence all too well.
Continue Reading When Is It Worth Filing A Personal Injury Case In Court?Who Should I Call If I Get Arrested For A DUI in Cumming, Georgia?
If you are arrested for driving under the influence of alcohol, you may feel frightened and uncertain.
Continue Reading Who Should I Call If I Get Arrested For A DUI in Cumming, Georgia?If I File Against My Own Insurance, Will My Rates Go Up?
Many injured victims want to know if filing a claim against their own insurance company will cause their rates to increase.
Continue Reading If I File Against My Own Insurance, Will My Rates Go Up?What Happens to Military Benefits After Divorce?
Are you getting divorced, and you or your spouse is in the military? If so, you likely have questions about what will happen to military benefits during and after your divorce. These benefits are important to your financial future, so you need help from a Cumming divorce attorney who handles military divorce cases.
Continue Reading What Happens to Military Benefits After Divorce?What if my spouse disappears during the divorce process?
When you are getting divorced, you are seeking a life separate from your spouse. However, what happens if your spouse takes off and disappears before your divorce is finalized? Can you still conclude your divorce case and move on with your life?
Continue Reading What if my spouse disappears during the divorce process?At What Age Can a Child Refuse Visitation in Georgia?
When the court orders a custody arrangement, is there a point when a child can decide not to abide by that arrangement? As a child gets older, they might have a better idea of what they want, and they might want to stop trekking between their parents’ homes.
Continue Reading At What Age Can a Child Refuse Visitation in Georgia?Banks, Stubbs & McFarland Took Part In 2 Charity Events
The Forsyth County Attorneys at Banks, Stubbs & McFarland are committed to restoring lives in and out of the courtroom. Recently the law firm took part in Blues & Q and United Way Day of Caring.
Continue Reading Banks, Stubbs & McFarland Took Part In 2 Charity EventsShould I Go to The Emergency Room or Urgent Care?
An accident or unexpected need for medical help can interrupt anyone’s day without warning.
Continue Reading Should I Go to The Emergency Room or Urgent Care?How Long Do I Have to File a Lawsuit After a Car Accident in GA?
Following any type of motor vehicle accident in GA, if you have sustained serious injuries and/or damage to your vehicle, you need to explore all viable options to hold the negligent driver financially liable for your damages.
Continue Reading How Long Do I Have to File a Lawsuit After a Car Accident in GA?Common Types of Accidents During The Summer Months
Swimming, hiking, jet-skiing, cycling, and a whole lot of other summer activities equal summertime fun.
Continue Reading Common Types of Accidents During The Summer MonthsWhat Happens When a Pedestrian is Struck by an Uber Driver?
Uber remains to be the most popular ridesharing app, with Lyft following closely behind. There’s no doubt that Uber has changed how people get from one place to another and has definitely made commuting easier for millions of people worldwide.
Continue Reading What Happens When a Pedestrian is Struck by an Uber Driver?What are the Top Causes of Reckless Driving Accidents?
Every year, an average of about six million car accidents occur in the United States, and each day 90 people die as a result of car accidents.
Continue Reading What are the Top Causes of Reckless Driving Accidents?Can You Sue for Pain and Suffering in GA?
Pain and suffering are indeed valid damages to sue for in Georgia. The premise of pain and suffering is that it compensates victims of accidents for the potentially long-lasting and unquantifiable effects of their injuries.
Continue Reading Can You Sue for Pain and Suffering in GA?Will the New Georgia Anti-Street Racing Law Reduce Accidents and Injuries?
A new Georgia Anti-Street Racing Law has gone into effect in this state that creates criminal penalties and fines for those involved in a street race or stunt driving or those who organize such events.
Continue Reading Will the New Georgia Anti-Street Racing Law Reduce Accidents and Injuries?Driverless Trucks Will Be Out on the Road Soon
In today’s era of technology, autonomously operating vehicles are one of the current developments poised to impact and change everyday life as we know it.
Continue Reading Driverless Trucks Will Be Out on the Road SoonNew Protections for Victims of Dating Violence in Georgia
In May 2021, Governor Brian Kemp signed Georgia House Bill 231 into law. This decision provides additional protections and support for people in our state who experience dating violence.
Continue Reading New Protections for Victims of Dating Violence in GeorgiaSafety Tips for Boating This Summer
Summer is the high boating season in Georgia, and when it comes to fun in the sun, it is hard for anything else to compete. Boating accidents, however, are often exceptionally dangerous, which makes the following safety tips critical to the safety of everyone on the waterway.
Continue Reading Safety Tips for Boating This SummerUber Wrongful Death Claim Appealed Over Arbitration Clause
A woman pursuing a wrongful death claim against Uber recently experienced a victory in the Georgia Court of Appeals. She filed the claim following the murder of her son by an Uber Eats driver, but Uber sought to remove the case from civil court, claiming the customer agreed to a mandatory arbitration clause.
Continue Reading Uber Wrongful Death Claim Appealed Over Arbitration ClauseStreet Racing in GA Has Consequences
The COVID-19 pandemic might have meant there were fewer drivers on the road, but that does not mean the roads were safer. In fact, there were more traffic-related deaths in 2020 than in recent years, as those who were driving seemed to be less respectful of traffic rules and safety.
Continue Reading Street Racing in GA Has ConsequencesNew Law Allows Removal of Certain Convictions from Record
As of the start of 2021, people with criminal records in Georgia have a greater chance of having convictions expunged or sealed. Doing so can improve many aspects of life, so it is important to look into whether you might qualify.
Continue Reading New Law Allows Removal of Certain Convictions from RecordCan My Spouse Stop Paying the Mortgage during a Divorce?
Divorce is one of life’s most consequential transitions. If this is the situation you find yourself in, you almost certainly have plenty of questions – not the least of which is how you are going to handle paying your mortgage if your spouse suddenly stops making the payments.
Continue Reading Can My Spouse Stop Paying the Mortgage during a Divorce?Will Dating during a Separation Affect a Divorce Settlement?
Because Georgia is not a no-fault state when it comes to divorce, beginning to date other people – or another person – while you are still married, is considered adultery (a fault basis), and it can affect the outcome of your divorce. This is true even if you are separated at the time.
Continue Reading Will Dating during a Separation Affect a Divorce Settlement?Appealing the Outcome of a Custody or Related Case
Child custody concerns are highly significant matters that directly affect your parental rights and your ongoing relationship with your children. The law understands the magnitude of these issues and, as such, allows parents the right to appeal a court’s custody-related decisions. To do so, however, you must be able to demonstrate that there was an error in either the facts presented or in how the law was applied to the case at hand.
How Will a Divorce Affect My Taxes?
If you are facing a divorce, there are a lot of moving parts, and your taxes may not be getting the attention that they deserve. The fact of the matter is, however, that the tax implications of divorce can be considerable, and the time to think about them is before your divorce is finalized. If you have tax-related divorce concerns, consult with an experienced Georgia divorce attorney today.
Why Hire a Divorce Lawyer?
The terms of your divorce will directly affect your parental and financial rights, and in addition to this serious matter, you can expect a good deal of emotional upheaval. Because the outcome of your divorce will affect your life so significantly, because your decision-making powers may be stretched to the limit by stress, and because the divorce process is complicated, you are well-advised to work closely with an experienced Georgia divorce lawyer throughout the legal process.
Challenges for Families and the COVID Vaccine
Family law addresses its fair share of challenges that relate to family life, and the COVID vaccine is poised to join the growing list of such challenges. Family law deals with evolving social concerns, and COVID-19 vaccines fit the bill nicely. The plan is for all Americans over the age of 16 to be vaccinated in the very near future, and research is in the works regarding vaccinating children who are as young as two years old.
How to Report Suspected Nursing Home Abuse in Georgia
As heinous as it sounds, the abuse of elderly and disabled adults in nursing homes still happens - often undetected and unreported. It’s intentional and ranges from physical harm and emotional distress. […]
What is Nursing Home Abuse and When Can You Sue?
According to the National Council on Aging, 10 percent of seniors in nursing homes suffer abuse. As tragic as it sounds, senior citizens aged 60 and above suffer various forms of abuse at the hands of those mandated to care for them […]
What to Expect During Your Car Accident Attorney Consultation
According to the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS), 1,504 Georgians died in road accidents in 2018. […]
What to Expect during a Nursing Home Abuse Lawsuit
If your loved one has been injured as a result of nursing home abuse, it is a harrowing situation for which you are no doubt ill-prepared to cope […]
Things Nursing Homes in Georgia Are Not Allowed to Do
If you have a loved one living in a nursing home, you are well aware of exactly how vulnerable he or she is. Our aging relatives depend upon others to provide them with the care necessary to maintain their health and live their best lives […]
The Difficulty Involved in Divorcing an Addict
Divorce is never easy, but if your spouse is an addict, it makes the entire process that much more difficult. Further, the stress of divorce can leave addicts leaning even more heavily on their addictions. […]
Do Family Courts Favor the Mother?
There is a commonly held belief that family courts favor mothers over fathers when it comes to child custody concerns. There is, however, no basis for this belief in Georgia’s laws. […]
When Can a Child Decide Which Parent to Live With?
Divorce is rife with difficult decisions, and some of the most difficult of all relate to child custody concerns. […]
What Is Spousal Abandonment?
In the State of Georgia, some divorces are fault-based, and one ground for a fault-based divorce is spousal abandonment, which is also called desertion. […]
Are the Assets I Owned Prior to Marriage Protected during Divorce?
The division of marital property in a divorce is one of the most complicated components of an already complicated process. The State of Georgia – like many other states – is an equitable distribution state.[…]
Can Visitation Be Upgraded to Custody?
If you have a visitation schedule but would like to upgrade your status to having joint custody with your children’s other parent, it is a significant undertaking, but it can be accomplished in some situations. […]
How We Help Maximize Our Clients’ Recovery
If you’ve been injured as a result of someone else’s negligence, reaching your fullest recovery is paramount. […]
Key Factors that Can Affect Your Motorcycle Accident Claim
Getting out on your bike is a great way to clear your head and focus on the open road ahead. In fact, riding can provide you with an immense sense of freedom. […]
Don't Post about Your Accident on Social Media
Being injured as a result of someone else’s negligence is a difficult experience that can leave you off the job and facing mounting medical bills as you proceed through a lengthy recovery period. […]
Can’t Locate Spouse for Divorce?
No two divorces ever proceed in exactly the same manner, and sometimes, couples have been apart a considerable amount of time before one of them decides to move forward […]
How is a Spouse’s Alimony Determined?
Alimony doesn't play a role in every divorce. If, however, one spouse will experience a financial struggle upon divorce and the other spouse has the financial means […]
What Happens When Parents Live Internationally?
An important component of every divorce involving children is child custody, and making these arrangements is difficult enough when divorcing parents live across town from one another […]
The Dos and Don’ts of Settling Your Case Pro Se (without Legal Representation)
Personal injury claims – by their very nature – are complicated, and the stakes are always high. While you are well-advised to work closely with an experienced Forsyth County personal injury attorney if you are left injured by someone else’s negligence […]
How to Prevent Nursing Home Abuse & Neglect
Nursing home abuse and neglect is one of the most emotionally painful areas of personal injury law. After all, we turn to nursing homes to provide our aging loved ones with the care and help they need to lead full lives, and any form of abuse or neglect is a direct betrayal of that trust […]
Bicycle and Pedestrian Accidents vs. Car Accidents: How Are They Different?
Walking or riding a bicycle can provide exercise, enjoyment, and cost-effective transportation. However, every time you are near traffic, you are at risk of being involved in a crash and suffering injuries […]
How Motorcycle Accident Cases Differ from Other Car Crash Claims
Motorcycle accidents, in general, tend to be even more serious than other kinds of traffic accidents. When you are on your bike, you have no physical barrier to protect you from the impact and dangerous effects of an accident, which leaves you especially vulnerable to injuries […]
What Damages Are There to Recover after a Wrongful Death?
If you’ve lost a loved one as a result of someone else’s negligence, it’s a difficult experience to overcome […]
Common Types of Surgeries after a Bad Car Accident
As traffic continues to increase in the United States, so do car accidents... […]
Who Is Liable in a Truck Accident and How to Prove It?
There is no denying that truck accidents are some of the deadliest accidents on our roadways.. […]
Should I Wait to File a Personal Injury (PI) Claim in GA?
If you’ve been injured as a result of someone else’s negligence, you’re in a difficult position, and the thought of bringing a personal injury claim may feel overwhelming. […]
What Constitutes a Wrongful Death?
Wrongful death claims are the most painful area of personal injury law because they signal the loss of a life which is always precious. Such a loss is permanent, and no amount of compensation can bring your family member home to you. […]
Does Adultery Affect Alimony?
In the State of Georgia, alimony can be affected by adultery, but as with so many other things related to divorce law, it’s complicated. […]
What Are My Rights for Relocation as a Separated Parent?
If you are a separated or divorced parent in the State of Georgia and are considering moving with your children, there are some important legal considerations to keep in mind. […]
Voluntary Homeschooling and New Proposed Law
Georgia passed a house bill in 2019 that is aimed at allowing the state more oversight regarding children who are homeschooled. This law is in response to the tragic deaths of three children who were removed from public school rosters before their deaths. […]
How Could COVID-19 Affect my Accident Claim?
The COVID-19 pandemic has affected our lives in ways that we couldn’t have imagined even a year ago. While we’ve been operating in a new normal for a while now and are starting to get the hang of wearing masks and social distancing.[…]
What Are Punitive Damages in a DUI Accident?
Traffic accidents involving impaired drivers are some of the most tragic and dangerous accidents on our roads. In fact, when a drunk driver is involved, the accident is that much more likely to be deadly.[…]
How Will Self-Driving Trucks Affect Safe Roadways?
Self-driving trucks have gotten a lot of attention lately for the very reason that they drive themselves. While we’ve all heard that self-driving trucks are coming, most of us aren’t aware that they’ve already arrived – apparently.[…]
Can You Earn Rewards for Not Driving Distracted?
The simple answer to the straightforward question, can you earn rewards for not driving distracted, is yes, you can. You know exactly how dangerous it is to drive distracted and wouldn’t dream of physically operating your phone while behind the wheel. […]
How Can a Drone Help Your PI Case?
We all seem to have a childlike fascination with drones, but most of us haven’t given much thought to how they might be useful in personal injury cases. […]
How 3D Printing Can Help in a PI Case
If you’ve been injured as a result of someone else’s negligence, it is often complicated to show the full extent of an injury. However, 3D printing is helping to ensure that victims like you obtain the compensation to which they are entitled. […]
How Long Does It Take for Symptoms of a TBI to Appear?
The term traumatic brain injury (TBI) refers to an injury that is exactly as serious as its name implies. To make matters more difficult, TBIs are as unpredictable as they are serious. […]
Do You Need a Police Report for a Slip and Fall Accident Claim?
Slip and fall accidents are common, and they can be surprisingly serious. When you go about your business during the course of your day, the last thing you expect is to come away with an injury. […]
Are there Differences in the Law for Child Injury Cases?
When a personal injury claim involves a child, that can bring a great deal of stress for the family involved. […]
Proving Fault in a Rear-End Accident
Rear-end accidents are common, and misconceptions about these accidents are also common. […]
Steps to Take after a Georgia Car Accident
You never expect a car crash to happen, and it only takes a second for your world to be turned upside-down. […]
High Demand May Increase Truck Accident Risks
During the COVID-19 pandemic, we have seen items flying off the shelves at our stores. In addition, many people have been foregoing in-person shopping and instead ordering as much as possible online. […]
Should You Accept the First Settlement Your Insurance Company Offers?
If you have been injured by someone else’s negligence in a traffic accident – or in any other kind of accident – you might be going through a difficult time and may not know where to turn.[…]
Handling Child Custody during COVID-19
While concerns about COVID-19 and related health issues persist across the United States, many parents face additional worries relating to child custody. […]
Taking Photos After a Car Accident
If you have been injured as a result of another motorist’s negligence, you are entitled to full compensation in order to be made completely whole.[…]
Is There a Benefit to Filing for Divorce First?
No matter how long there has been conflict in your marriage or how long you have been separated, divorce proceedings in Georgia do not begin until one party files a Complaint or Petition for Divorce with the appropriate court. […]
How Long Do I Have to File an Injury Claim After an Accident in Georgia?
A statute of limitations is a law that stops someone from receiving criminal charges or civil lawsuits against them after a certain amount of time has passed. The idea behind the statute of limitations dates back to early Roman laws.[…]
What Should I Do If My Loved One Was Injured by a Drunk Driver in Georgia?
According to the United States Centers for Disease Control and Prevention (CDC), approximately 1.4 percent of drivers in Georgia admit to driving after having too much to drink. […]
Death By Car Accident: A Growing Epidemic in Georgia and the US
It’s hard to imagine life without cars. Though cars are typically the most convenient method of transportation for Americans, car safety has actually worsened since the birth of Ford’s Model T. This past July, The Washington Post reported startling data: in the past 19 years, more Americans have died in car accidents than U.S. soldiers […]
Wrongful Death Case Example
Wrongful Death cases can be very complicated and require a thorough investigation. You need an experienced attorney to guide you through the many twists and turns of wrongful death litigation. Pending wrongful death case example: Forsyth County Client’s husband was driving south on Georgia 400 before sunrise with his daughter and her boyfriend and was […]
Elliott – The Big Deal for DUI Cases in Georgia
Previously I wrote that all lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). The 94 page opinion was issued on February 18, 2019. What’s the big deal and what is the Elliott […]
Current Issues in DUI Litigation: Elliott
All lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). Oral argument was conducted in the Georgia Supreme Court in April, 2018. What’s the big deal and what is the Elliott Issue? Some […]
Can Georgia parents go to arbitration in a child custody case?
This blog has discussed many aspects of child custody in the state of Georgia, such as the ‘best interest of the child’ standard, the basics of joint or sole custody and some of the differences between legal and physical custody. We’ve also touched on the fact that, in many cases, both parties are best served […]
Enforcing a Georgia child support order in a different state
A few weeks ago, we discussed, in a very broad way, the federal law known as the Uniform Interstate Family Support Act, or UIFSA. We touched on the fact that this law makes it possible for a Georgia family court, which normally has jurisdiction only within the state, to enter an order of child support […]
What is ‘UIFSA’ with regards to Georgia child support?
We’ve discussed the basics of how child support orders are established in the state of Georgia, and some of the policy behind the legal requirement that a child be supported based upon the incomes of his or her parents. We’ve also talked about how sometimes conditions change that may affect a child support order in […]
Drug charges can be devastating to reputations in Georgia
Everyone in the U.S. prefers to think that, in the criminal justice system, people are “innocent until proven guilty.” While this is theoretically true, it is also likely that Georgia residents who have had personal contact with the legal system understand that being charged with a crime, especially one involving drugs, can lead others to […]
Do Georgia parents lose custody if they leave the state?
Today’s American society is more geographically mobile than ever before. Many people do not live in one place for their entire lives anymore. Whether it be for professional purposes, personal reasons or just wanderlust, individuals often find themselves packing up and heading off to start a new life. This process can be quite complicated when […]
What exactly is a “Miranda warning” in Georgia drug crime cases?
Georgia residents have seen it constantly in television shows and movies: the cops have finally got their suspect, and as they’re placing the cuffs on the suspect they begin the mantra “You have the right to remain silent…” This beginning phrase is, with slight variations, used across the country by law enforcement to “read a […]
What is the ‘attenuation doctrine’ in Georgia drug crime cases?
About a month ago, we discussed a relatively new decision handed down by the Supreme Court of the United States. This case, titled Utah v. Strieff, turned on the use of the exclusionary rule, also known as the doctrine of ‘fruit of the poisonous tree,’ which keeps law enforcement in Georgia and across the country […]
Mother faces extradition to Georgia in child custody dispute
We’ve previously discussed the potential consequences of taking the law into one’s own hands in cases of child custody disputes. People who take children who are legally in the custody of another without the guardian’s consent can face various civil and criminal penalties. We’ve also touched on the fact that whether the children consent or […]
‘Families in Transition Seminar’ part of divorce in Georgia
The end of a marriage can be an emotionally trying time, even for well-adjusted adults. It’s no surprise, then, that its effect on children can be magnified, considering their less-developed emotional and intellectual capabilities. There are, however, a couple ways divorcing couples with kids can help with the transition. One is to attempt to ensure […]
4 ways to minimize drama in your divorce
Readers of this blog may be all too aware of the details regarding the recently announced divorce between Johnny Depp and Amber Heard. In light of their split after just over a year of marriage, media outlets have been reporting allegations of abuse, drug use and other salacious behaviors regularly. If you are facing the […]
Latest developments in case of baby who died in hot car
A Georgia father has been accused of intentionally leaving his baby boy in a hot car, which eventually led to the 22-month-old’s death. The father, on the other hand, says that it was an accident, and he did not purposefully endanger the life of his son. In the latest development in the man’s case, his […]
How a fight in school can lead to criminal charges in Georgia
In schools across the nation, fights among students is a common occurrence. Here in Georgia, it is no different. But while we might see fighting in schools as just another part of the societal norm, it’s important for students as well as their parents to know that physical and verbal altercations in school can have […]
What does state law have to say about synthetic marijuana?
Last week, the Centers for Disease Control and Prevention released an eye-opening report discussing how the use of synthetic cannabinoids — otherwise known as synthetic marijuana — has once again exploded here in the U.S. Indeed, the CDC report found that poison control centers in 48 states received an astounding 3,572 calls concerning synthetic cannabinoids […]
Policy Change in Administrative License Suspension Hearings
Did you know that in 2009, Parker McFarland filed a civil lawsuit against the elected Solicitor General in Forsyth County for enforcement of subpoenas at ALS hearings? Forsyth County officers had started a policy of coming to ALS hearings without the reports or videotapes from their arrests. Attorney Parker McFarland sent a subpoena to […]