Can You Get Divorced Without Going to Court? Understanding the Amicable Divorce Process
When most people think about divorce, they picture courtroom hearings, lengthy legal battles, and months, or even years, of conflict. While that may be necessary in some situations, it isn’t the only path forward. For many couples, an amicable divorce offers an opportunity to resolve important issues outside of the...
Continue Reading Can You Get Divorced Without Going to Court? Understanding the Amicable Divorce ProcessCan You Sue After a Medical Emergency Car Accident in Georgia?
Sometimes, a driver will deny responsibility for a car accident they caused based on being incapacitated by a medical emergency. If it truly was a medical emergency, the driver can’t be held responsible for their negligence. However, you should closely scrutinize such claims. A driver who claims incapacitation by a...
Continue Reading Can You Sue After a Medical Emergency Car Accident in Georgia?When Is a Plea Agreement the Right Choice in a Criminal Case
Every criminal case is unique and must be evaluated based on the strength of the available evidence and the specific circumstances. Many cases are resolved with plea deals, and while these agreements can be an excellent choice, they are not always the right option. When you enter a plea agreement,...
Continue Reading When Is a Plea Agreement the Right Choice in a Criminal CaseServed Divorce Papers? Here's What to Do Next
Few moments are as overwhelming as being served divorce papers. Whether you expected it or it came completely out of the blue, it’s normal to feel anxious, angry, or unsure of what happens next. The good news is that being served doesn’t mean you’ve lost control of the situation. The...
Continue Reading Served Divorce Papers? Here's What to Do NextWhat Happens to Joint Bank Accounts during a Divorce?
Georgia is an equitable distribution state when dividing marital property in a divorce. Georgia courts strongly presume that the contents of joint bank accounts are marital property, meaning the funds must be divided fairly between the divorcing spouses. Because the financial terms associated with divorce tend to become very complicated...
Continue Reading What Happens to Joint Bank Accounts during a Divorce?Can You Appeal a Criminal Conviction? When Your Attorney's Mistakes May Matter
A criminal conviction doesn’t always mean the legal process is over. In some cases, a conviction can be appealed because important legal errors affected the outcome of the trial. One issue that sometimes arises is ineffective assistance of counsel—when an attorney fails to provide the level of representation the law...
Continue Reading Can You Appeal a Criminal Conviction? When Your Attorney's Mistakes May MatterAre Advanced Driver Assistance Systems Reducing Car Accidents?
Yes, some advanced driver assistance systems (ADAS) are reducing the number of dangerous crashes on our roadways. While the benefits are clear, car accidents still happen, and drivers retain the same immense responsibility for safety as always. When car accidents involve ADAS, the enhanced technology can create more complex legal...
Continue Reading Are Advanced Driver Assistance Systems Reducing Car Accidents?Does Every Divorce Include Alimony? Here's What Georgia Courts Actually Consider
One of the most common misconceptions we hear from people considering divorce is that someone automatically pays alimony when a marriage ends. That’s simply not how Georgia law works. Many people are surprised to learn that not every divorce involves alimony, and even when it does, there isn’t a standard...
Continue Reading Does Every Divorce Include Alimony? Here's What Georgia Courts Actually ConsiderWhat to Do After a Car Accident: 2 Mistakes That Could Cost You Thousands
A car accident can change everything in a matter of seconds. One moment you’re driving home from work or running errands, and the next you’re dealing with injuries, vehicle damage, medical appointments, insurance adjusters, and uncertainty about what comes next. It’s an overwhelming experience, and it’s completely understandable to want...
Continue Reading What to Do After a Car Accident: 2 Mistakes That Could Cost You ThousandsWhat is Probable Cause in Georgia?
Before law enforcement can make a lawful arrest in Georgia, they must have what is called probable cause. To meet this legal standard, the relevant circumstances and facts must be sufficient to cause a reasonable person to conclude that a crime has either been committed or is about to be...
Continue Reading What is Probable Cause in Georgia?How Medical Bills Are Paid During a Personal Injury Case in Forsyth County
If someone else’s negligence leaves you injured in an accident, it puts you in a very difficult position. A key element of this is the challenging recovery process you face, while your medical bills mount. Having a clearer understanding of how medical bills are handled while claims are being processed...
Continue Reading How Medical Bills Are Paid During a Personal Injury Case in Forsyth CountyWhat Happens if My Ex Violates a Custody Order in Georgia?
Divorce is difficult, but once your terms are settled and your case is finalized, you can move forward into your future. Your child custody terms, however, can remain a sticking point even after the dust has settled on your divorce. If your ex refuses to follow the court-ordered child custody...
Continue Reading What Happens if My Ex Violates a Custody Order in Georgia?Can a Criminal Record Be Cleared in Georgia?
Some criminal records can be cleared (or expunged) in the State of Georgia, but others cannot. The factors that determine whether your record can be cleared hinge on the severity of the crime, past criminal history, and beyond. While many misdemeanors can be cleared, most felonies cannot. Having a criminal...
Continue Reading Can a Criminal Record Be Cleared in Georgia?Do I Have to Talk to the Police Without a Lawyer in Gwinnett County?
If you are arrested, detained, or questioned by the police, you are not required to talk, whether or not you have a lawyer. Once you’ve asserted your right to remain silent, the police should drop their line of questioning, and if they fail to do so, it can negatively affect...
Continue Reading Do I Have to Talk to the Police Without a Lawyer in Gwinnett County?The Role of Witnesses in Georgia Criminal Cases
When you are facing a criminal charge in Georgia, witnesses can play a decisive role in how your case is resolved. How witnesses function in a criminal case, and how an experienced criminal defense attorney leverages them, is an important part of your overall defense. Our experienced Georgia criminal defense...
Continue Reading The Role of Witnesses in Georgia Criminal CasesHow Jailhouse Informants Affect Georgia Criminal Cases
The term jailhouse informant refers to an inmate in jail or prison who testifies against another inmate, usually in exchange for a benefit to themselves. While there are many concerns about the credibility of jailhouse informants, inmate testimony is a common practice in Cumming, Georgia, and throughout the state and...
Continue Reading How Jailhouse Informants Affect Georgia Criminal CasesCan You Sue for a Fall on Someone Else’s Property?
If you fall on someone else’s property in Georgia due to their negligence, you can sue for your damages. Most cases start with a premises liability insurance claim, but if the insurer refuses to pay, you may need to file a lawsuit against the property owner. The injuries sustained in...
Continue Reading Can You Sue for a Fall on Someone Else’s Property?Medication DUI Penalties in Georgia
When a medication, whether it is a prescription or over-the-counter drug, impairs your ability to drive or to share the road safely with others, it can lead to a criminal charge that is much like a DUI. Driving while impaired by any drug, including a medication that your doctor prescribed,...
Continue Reading Medication DUI Penalties in GeorgiaClosed vs. Open Adoption
If you are committed to growing your family through adoption, you’re facing a challenging legal process that is also extremely rewarding. Along the way, you’ll need to answer a range of important questions, and one of these is whether the adoption will be open or closed. Having a better understanding...
Continue Reading Closed vs. Open AdoptionWho Can Be Held Liable in a Truck Accident Claim?
Semi-trucks and other large freight carriers can weigh upwards of 80,000 pounds, which makes commercial truck accidents some of the deadliest crashes on our roadways. Often, truck accidents are the result of truck driver negligence, but the matter of liability does not end there. If you were injured in a...
Continue Reading Who Can Be Held Liable in a Truck Accident Claim?Getting in an Accident in the Middle of an Intersection
Intersections are hotspots for accidents and can be especially dangerous due to traffic from all directions. If another driver injures you in an intersection accident, prioritize your safety, health, and legal rights. Contact our experienced Georgia car accident attorneys at Banks, Stubbs & McFarland for help. Put Safety First When...
Continue Reading Getting in an Accident in the Middle of an IntersectionMulti-Vehicle Pileups: Who Is at Fault?
There is no denying that car accidents are dangerous. When more than two vehicles are involved, the risk that someone will suffer serious or life-threatening injuries increases. If you’ve been injured in a multi-vehicle pileup, you need the trusted legal guidance of our experienced Cumming car accident attorneys at Banks,...
Continue Reading Multi-Vehicle Pileups: Who Is at Fault?Do You Need a Lawyer if You Plan to Plead Guilty?
If you’ve been charged with a crime, it can leave you feeling extremely low, and you may even convince yourself of your own guilt. The truth is that, sometimes, people admit to crimes they didn’t commit under the stress of interrogation, and at other times, they may bend to the...
Continue Reading Do You Need a Lawyer if You Plan to Plead Guilty?Statute of Limitations on a Car Wreck in Georgia?
Georgia, like every other state, has a statute of limitations for car accidents. This means they set a deadline for filing lawsuits after injury-causing crashes, and in Georgia, it is a brief 2 years. If you’ve been injured by another driver’s negligence, the sooner you consult with an experienced Georgia...
Continue Reading Statute of Limitations on a Car Wreck in Georgia?The Role of a Criminal Defense Attorney in Your Case
If you are facing a criminal charge, your rights and freedom are at stake. Having trusted legal counsel on your side from the start can make a big difference in the outcome of your case, which, in turn, can make a big difference in your future. Our experienced criminal defense...
Continue Reading The Role of a Criminal Defense Attorney in Your CaseUnderstanding Your Rights during a Police Investigation
If the police are investigating you in relation to a crime, you have important rights, all of which are well worth protecting. The most important of these include your right to an attorney and to remain silent, which you are encouraged to invoke sooner rather than later. An experienced Cumming...
Continue Reading Understanding Your Rights during a Police InvestigationCan Blood Test Results Be Challenged in a DUI Case?
If you were pulled over for DUI and your blood test showed you were over the legal limit, you may still have options. Blood test results are not always reliable and must be obtained legally. A skilled Cumming DUI defense attorney at Banks, Stubbs & McFarland can help challenge your...
Continue Reading Can Blood Test Results Be Challenged in a DUI Case?What Passengers Need to Know about Filing a Lawsuit after an Accident
If you are injured in a traffic accident as a passenger in the vehicle, you may have no idea of what steps to take following an accident. The fact is that you have considerable rights, and protecting them from the outset is key. The sooner you have an experienced Cumming,...
Continue Reading What Passengers Need to Know about Filing a Lawsuit after an AccidentCan I Refuse a Field Sobriety Test?
If pulled over and asked about drinking, the officer likely suspects impairment. Sometimes, it may result from being near a bar at closing time. If asked to take a field sobriety test, remember you have the right to legal counsel. Consult a Cumming DUI defense attorney at Banks, Stubbs &...
Continue Reading Can I Refuse a Field Sobriety Test?Can a Suwanee, Georgia, Adoption Be Overturned?
Adoption involves legally binding agreements and important court orders that make adoptive parents the legal parents of their children. This said, however, there are highly specific circumstances in which adoptions can be overturned in Georgia. When children are involved, the state is always motivated by their best interests, including cases...
Continue Reading Can a Suwanee, Georgia, Adoption Be Overturned?When a Delivery Van Hurts You: How Amazon Cases Are Different
A delivery van accident can be both physically dangerous and legally overwhelming. Delivery vans and box trucks are often considered commercial vehicles under state and federal laws. If you are injured by an Amazon delivery van, however, there are many legal intricacies to navigate. If this is the difficult situation...
Continue Reading When a Delivery Van Hurts You: How Amazon Cases Are DifferentPenalties for Crimes Committed While Underage Drinking in Georgia
If you are underage, committing a crime can have a serious impact on your future, and if you were drinking at the time, the effect can be even harsher. If this is the challenging situation you find yourself in, bringing a strong defense is paramount, and an experienced Georgia criminal...
Continue Reading Penalties for Crimes Committed While Underage Drinking in GeorgiaMulti-Vehicle Accidents on Highways: What to Look Out for
Every car accident can be dangerous, but when more than two vehicles are involved, the risk increases significantly. If you have been injured in a multi-vehicle crash that was caused by one or more other drivers, don’t wait to seek the skilled legal guidance you need from an experienced car...
Continue Reading Multi-Vehicle Accidents on Highways: What to Look Out forUnderage Drinking Statistics in Atlanta, GA
Underage drinking is a problem throughout the State of Georgia and across the nation, and the related statistics in Atlanta speak volumes. If you or your child is facing an underage drinking charge, it’s important to know that the stakes are high in terms of legal penalties and fines as...
Continue Reading Underage Drinking Statistics in Atlanta, GAAccidents that Occur because of Weather Conditions
When the weather changes from mild and comfortable to windy, wet, icy, or stormy, our roadways become far more dangerous. In response, motorists must adjust their driving practices. This means slowing down, allowing more space between vehicles, and taking whatever precautions are necessary to drive safely. When motorists fail to...
Continue Reading Accidents that Occur because of Weather ConditionsHow Does a Judge Determine a Sentence in Georgia?
If you’re facing a criminal charge, sentencing is critical. And if you don’t understand the mechanics of sentencing, it can make a very stressful situation that much more so. Ultimately, judges in the State of Georgia are responsible for imposing sentences, including approving plea agreements. If you are facing a...
Continue Reading How Does a Judge Determine a Sentence in Georgia?Common Causes of Car Accidents in Forsyth County GA
As the fastest-growing county in Metro Atlanta, Forsyth County experiences heavy traffic, and car accidents are far from uncommon. The primary cause of car accidents throughout the county and state is driver negligence. If you’ve been injured by another driver’s wrongdoing, protecting your rights is key. Reach out for the...
Continue Reading Common Causes of Car Accidents in Forsyth County GADealing With Insurance After a Car Accident in Forsyth County, GA
As Forsyth County continues to grow, traffic becomes heavier, setting the stage for an increase in car accidents. If you’ve been injured by another driver’s negligence, you’ll file your claim with the at-fault motorist’s insurance provider, and the manner in which it is resolved can play a key role in...
Continue Reading Dealing With Insurance After a Car Accident in Forsyth County, GAWhat Happens When Mediation Fails in a Family Law Case?
If you are facing a family law case, such as divorce, a specific term of divorce, or child custody outside of marriage and divorce, it directly affects your family, which makes it of critical importance. If your attempts to negotiate mutually agreeable terms led you to unsuccessful mediation, the next...
Continue Reading What Happens When Mediation Fails in a Family Law Case?Slip and Fall on Public vs Private Property in Georgia
Falling on private or public property can result in serious injuries and substantial losses. Personal injury claims involving falls are legally challenging, and if you were injured on public property, the path forward toward a favorable resolution is even more complex. If you or someone you care about has fallen...
Continue Reading Slip and Fall on Public vs Private Property in GeorgiaWhat Does It Mean to Get a Point on Your License?
Receiving a point on your driver’s license in Cumming means that you have a traffic violation on your record. If you accumulate enough points within a specific amount of time, your license and, therefore, your driving privileges can be suspended. This can lead to serious consequences, including interference with your...
Continue Reading What Does It Mean to Get a Point on Your License?How Mediators Are Used in Family Law Cases
Family law cases tend to involve serious matters in your life, including your financial rights, parental rights, or both. While you want to stand up for your interests and what you deserve in a family law matter, you might also not want to risk the peace of your relationships with...
Continue Reading How Mediators Are Used in Family Law CasesSuing for Pain and Suffering after a Truck Accident
Truck traffic in Cumming and the nation at large is on the rise, and it likely comes as no surprise that truck accidents are among the most dangerous traffic crashes on our roadways. In addition to the physical injuries and immense financial losses you experience, there is also your physical...
Continue Reading Suing for Pain and Suffering after a Truck AccidentWhat is a Divorce Settlement Agreement?
Most divorces in Forsyth County and throughout Georgia are settled out of court, meaning the couple enters into a divorce settlement agreement. Taking this path can save significant time and expense, and it can also reduce emotional strain, which is generally better for everyone, including the children. If you’re heading...
Continue Reading What is a Divorce Settlement Agreement?What to Do After Being Accused of Credit Card Fraud in Georgia
Credit card fraud is a serious crime that the State of Georgia takes very seriously. Credit card fraud can take many forms, and each case has its own set of circumstances. If you have been so charged, however, the most critical step you can take to protect your rights and...
Continue Reading What to Do After Being Accused of Credit Card Fraud in GeorgiaHow Long Do Truck Accident Investigations Take?
If you’ve been injured by a truck driver or a trucking company’s negligence, you’re entitled to compensation. In response, you’ll file your claim with the trucking company’s insurance provider, and you can expect the investigation of your claim to take a considerable amount of time. A speedy investigation could take...
Continue Reading How Long Do Truck Accident Investigations Take?What is a Warrant?
Warrants play a critical role in criminal defense cases in Georgia, and having a better understanding of how they work can help you better protect your legal rights. Judges generally issue these legal documents, which authorize police to take specific actions, such as conducting searches or making arrests. Ultimately, warrants...
Continue Reading What is a Warrant?What Happens If You Fall on a Wet Floor at a Store?
Commercial property owners and managers have a serious responsibility for the safety of their customers. A wet floor is a known hazard for slip-and-fall accidents, and store owners are required to address it promptly. This involves taking the necessary precautions to protect customers like you. If you were injured by...
Continue Reading What Happens If You Fall on a Wet Floor at a Store?Consequences for Shoplifting in GA
The State of Georgia takes shoplifting very seriously, and a conviction can result in steep fines, jail time, and long-lasting social consequences. If you’re facing a shoplifting charge, bringing a strong defense is key. The skilled legal counsel of the experienced criminal defense attorney at Banks, Stubbs & McFarland is...
Continue Reading Consequences for Shoplifting in GACan Breathalyzers Be Wrong?
While DUI charges seem to hinge on breathalyzer readings, the truth is that these tests for blood alcohol concentration (BAC) are often incorrect for a variety of reasons. If you’ve been charged with driving under the influence (DUI) of alcohol, the stakes are high. Our experienced defense attorneys at Banks,...
Continue Reading Can Breathalyzers Be Wrong?What Probable Cause Means in Georgia
If you’ve been arrested or had your property searched, you’ve likely heard law enforcement or prosecutors mention “probable cause.” This foundational concept in criminal law determines whether police can legally arrest you, search your belongings, or obtain a warrant. At Banks, Stubbs & McFarland, our criminal defense lawyers hold law...
Continue Reading What Probable Cause Means in GeorgiaDetermining Fault in Side-Impact Collisions in Cumming, GA
If another motorist either swipes or drives directly into the side of your vehicle, it leaves you highly vulnerable to serious injuries and loss. Side-impact collisions like these are not only dangerous but can also make it more challenging to determine fault. If you or someone you care about has...
Continue Reading Determining Fault in Side-Impact Collisions in Cumming, GACommon Criminal Charges in GA
While there are many different criminal charges in Georgia, some are far more common than others. DUI, drug possession charges, and domestic violence are prime examples. Because having a conviction on your record can lead to severe consequences, you shouldn’t wait to consult with an experienced Cumming criminal defense attorney...
Continue Reading Common Criminal Charges in GAAccidents Outside of the Bike Lane in Suwanee, GA
While dedicated lanes can offer cyclists an added layer of safety, they are not always available or practical, such as when preparing for a left turn. If you’ve been injured in a collision that happened outside a designated lane, determining fault becomes especially important. An experienced bike accident attorney at...
Continue Reading Accidents Outside of the Bike Lane in Suwanee, GAHow to Protect Digital Assets in a Divorce
The division of marital property in divorce is often extremely challenging. However, you can expect more when digital assets are involved. If you are facing a divorce, your financial rights are important, and the surest means of protecting them is working closely with an experienced Gwinnett County divorce attorney at...
Continue Reading How to Protect Digital Assets in a DivorceConsequences of Refusing a DUI Chemical Test
Refusing a DUI chemical test, such as a breathalyzer, carries significant consequences. Every situation, however, is unique and must be considered within the parameters of the specific circumstances involved. If you are pulled over because the police suspect you of driving under the influence, the most critical first step you...
Continue Reading Consequences of Refusing a DUI Chemical TestHow Can a DUI Affect Your Insurance?
If you are convicted of DUI in Georgia, you face potential jail time as well as steep fines and challenging social consequences. Another financial concern, however, is the cost of your insurance premiums, which are likely to skyrocket and can have a financial impact well into your future. If you...
Continue Reading How Can a DUI Affect Your Insurance?Can a Georgia DUI Be Reduced to Reckless Driving?
If you have been charged with driving under the influence (DUI), you face severe fines and penalties in the State of Georgia. The circumstances of every DUI case are unique, but sometimes, the best option is to make a plea deal, which can potentially mean having the charge lowered to...
Continue Reading Can a Georgia DUI Be Reduced to Reckless Driving?Can a Felony Charge Be Reduced to a Misdemeanor?
Yes, there are instances when a felony charge can be reduced to a misdemeanor, and while this is a possibility under the right circumstances, there are no guarantees. A reduction in the level of the charge against you can happen prior to trial, such as in a plea deal, or...
Continue Reading Can a Felony Charge Be Reduced to a Misdemeanor?Understanding Georgia’s Implied Consent Law
When you get behind the wheel in Georgia, you give what is considered implied consent to a chemical test in the event you are stopped for DUI. This is a matter of public safety and is designed to help combat the very real risks associated with drunk driving. Better understanding...
Continue Reading Understanding Georgia’s Implied Consent LawBench Trial or Jury Trial: Which Is Better for Your Case
A bench trial refers to a trial in which the judge alone determines the outcome, rather than having a jury deliberate, and whether a bench trial is beneficial depends on the unique circumstances of the case at hand. This means that, in some instances, a bench trial can be advantageous,...
Continue Reading Bench Trial or Jury Trial: Which Is Better for Your CaseCommon Injuries in Commercial Truck Accidents
Commercial truck accidents are some of the deadliest on our roadways, and related injuries can be life-altering. If you’ve been injured in a commercial truck accident that was caused by negligence on the part of the truck driver, the trucking company, or both, bringing a solid claim is important to...
Continue Reading Common Injuries in Commercial Truck AccidentsHow Often Can Child Support Payments Be Modified?
The child support orders that were originally calculated and handed down in your case won’t necessarily apply until your children age out. There are instances when Georgia courts modify child support payments, but there are time constraints that apply. If you have questions or concerns about child support or believe...
Continue Reading How Often Can Child Support Payments Be Modified?What to Do After a Car Accident Injures Your Child
If your child was injured in a car accident that was caused by another driver’s negligence, the most critical step you can take after ensuring they receive all needed medical care is retaining skilled legal counsel. Reach out to the experienced Suwanee car accident attorneys for the help you’re looking...
Continue Reading What to Do After a Car Accident Injures Your ChildHow to Expunge Your Criminal Record
While Georgia doesn’t use the word expungement, there are particular circumstances in which you can have your record restricted and sealed. This generally means that only law enforcement and certain government agencies retain access to the information, which can help seriously limit the damaging social consequences of having a criminal...
Continue Reading How to Expunge Your Criminal RecordWhat Happens When a Driver Causes a Multi-Car Accident
Negligent drivers are hazardous, and sometimes, their actions are so risky that they cause accidents involving more than two vehicles. These are among the deadliest accidents and tend to be the most legally challenging. If you were injured in a multi-vehicle accident, it’s time to reach out for the skilled...
Continue Reading What Happens When a Driver Causes a Multi-Car AccidentCharged vs Indicted: Key Differences in Criminal Law
Being charged with a crime means that you have been accused of committing the crime. To be indicted, however, a grand jury must determine that there is enough evidence to charge you with the crime formally. The indictment itself is not a conviction, nor is it evidence that you committed...
Continue Reading Charged vs Indicted: Key Differences in Criminal LawSteps to Take if Someone is Stalking You
If you believe you are being stalked, you should not adopt a wait-and-see attitude. The truth is that stalking can escalate quickly to more dangerous acts, and you should not hesitate to put your own safety first, which means calling the police if there is any indication that your well-being...
Continue Reading Steps to Take if Someone is Stalking YouCan You Get Compensation for Pain and Suffering?
If another person’s negligence led to injury—whether from a car or commercial vehicle accident, a slip and fall, or nursing home abuse or neglect—it can cause severe physical and emotional suffering along with financial hardships. The good news is that in a personal injury claim, you can seek fair compensation...
Continue Reading Can You Get Compensation for Pain and Suffering?How Long Do Criminal Cases Usually Take to Resolve?
The duration of criminal cases can vary significantly and range from several weeks to months or years. Various factors that can affect the timeline include the case’s complexity, the court’s workload, and the strategies of the defense and the prosecution, among many others. If you’re facing criminal charges, discussing your...
Continue Reading How Long Do Criminal Cases Usually Take to Resolve?Will I Have a Criminal Record After My Case is Resolved?
Yes. Unfortunately, you may still have a criminal record after your case is resolved, whether through a not-guilty verdict, dismissal, plea agreement, or pretrial diversion. Even if you avoided a conviction, your court and arrest records will remain public. This means that prospective employers, colleges, and landlords will see that...
Continue Reading Will I Have a Criminal Record After My Case is Resolved?How Electronic Data Can Strengthen Your Truck Accident Claim
While there are many kinds of life-threatening traffic accidents on our roads, truck accidents are among the deadliest. If the negligence of a truck driver has injured you, you’ll need to act quickly to gather all available evidence to establish their fault, and electronic data can prove invaluable. If this...
Continue Reading How Electronic Data Can Strengthen Your Truck Accident ClaimWhat Is the Divorce Process in Georgia
No two divorces in Georgia are exactly alike, but most follow the same basic path forward. This generally begins with one spouse filing for divorce, which triggers the steps that are to come. The bottom line is that your parental and financial rights are on the line, and having the...
Continue Reading What Is the Divorce Process in GeorgiaWhat Are the Elements of Felony Murder under Georgia Law?
The charge of felony murder expands the criminal charge of murder, which applies to criminal homicide. While every murder charge is exceptionally serious, felony murder can carry the death penalty, which makes it among the most serious criminal charges you can face. The most important point to keep in mind,...
Continue Reading What Are the Elements of Felony Murder under Georgia Law?What Is the Difference between Manslaughter and Felony Murder in Georgia?
Manslaughter is a serious criminal charge in Georgia that can carry a serious sentence. Felony murder, however, is more serious still, and a conviction can mean a life sentence or even the death penalty. If you’re facing a manslaughter or felony murder charge, it’s time to consult with experienced Commerce...
Continue Reading What Is the Difference between Manslaughter and Felony Murder in Georgia?Public Intoxication Penalties
Having a drink or two too many can happen, and if you’re not driving, you likely think – What’s the harm? The fact is, however, that simply strolling from location to location, walking home, or hanging out with friends on the sidewalk when you are under the influence can lead...
Continue Reading Public Intoxication PenaltiesCommon Causes of Divorce in Georgia
Divorce is a challenging experience, and we understand the uncertainty that can accompany it. Understanding the potential causes and factors that can lead to a marriage breakdown is essential to avoid divorce whenever possible and approach the divorce process properly. At Banks, Stubbs & McFarland, we handle all types of...
Continue Reading Common Causes of Divorce in GeorgiaCan You Be Arrested for Accidentally Stealing Something?
While you can be arrested for accidentally stealing something in Georgia, the charge is unlikely to hold. For the charge of theft to apply in the state, the accused must have intended to steal the item, and if you accidentally walked out of a store with something in your hand,...
Continue Reading Can You Be Arrested for Accidentally Stealing Something?Can Siblings Be Split Up in Georgia Custody Cases?
In a custody case, the thought of siblings being split up can be stressful and heart-wrenching. At Banks, Stubbs & McFarland, we understand the importance of keeping siblings together whenever possible and the impact it can have on their well-being. Our experienced Suwanee child custody lawyers are here to support...
Continue Reading Can Siblings Be Split Up in Georgia Custody Cases?What Happens If I Don’t Have a Car Accident Lawyer and Try to Handle The Case Myself?
While you may be able to handle your case on your own, it can cost you more than you think. Remember that insurance providers are businesses that are focused on their own interests. Their adjusters and attorneys are trained to handle claims in a way that significantly minimizes their company’s...
Continue Reading What Happens If I Don’t Have a Car Accident Lawyer and Try to Handle The Case Myself?How Does a Child End Up in Foster Care?
Are you wondering how a child can end up in foster care? It’s a heartbreaking situation for any family to experience, and it’s natural to have questions and concerns. At Banks, Stubbs & McFarland, we understand the pain and confusion that accompany such circumstances. When facing these difficult situations, it’s...
Continue Reading How Does a Child End Up in Foster Care?How Do I Get A Copy of The Police Report for My Accident?
The first step is to call the police immediately after a crash so that they can come to the scene, investigate, and document what caused the wreck. Then, 3-5 days later, you can get a copy of the police report for your accident in various ways, including online, by mail,...
Continue Reading How Do I Get A Copy of The Police Report for My Accident?Can I File a Claim If I Was Riding a Motorcycle Without a License?
Yes. You can still file a claim if you were riding a motorcycle without a license. It’s normal to assume that you’ll automatically be ineligible to file an injury claim. Unfortunately, that’s completely false. What you need to keep in mind is that your ability to recover compensation will depend...
Continue Reading Can I File a Claim If I Was Riding a Motorcycle Without a License?Understanding the Adoption Process in Georgia
In Georgia, the adoption process can seem overwhelming, but with the right guidance and support, it can be a fulfilling journey toward expanding your family. At Banks, Stubbs & McFarland, we are here to provide you with the necessary information and compassionate legal representation to guide you through this process....
Continue Reading Understanding the Adoption Process in GeorgiaHow Does Truck Driver Negligence Affect My Injury Claim?
If you’re involved in a truck accident and want to seek compensation from the at-fault party, proving negligence on the part of the truck driver is key. Put simply, negligence occurs when someone fails to act with reasonable care and harms someone else. But proving truck driver negligence isn’t so...
Continue Reading How Does Truck Driver Negligence Affect My Injury Claim?How to Change the Amount of Child Support
Children of divorced spouses deserve to have the same opportunities as children in traditional families. Child support is a monthly obligation that a non-custodial parent will typically pay to the custodial parent. However, a change in circumstances could warrant an increase or decrease in support payments. Our child support lawyers...
Continue Reading How to Change the Amount of Child SupportWhat is the Child Support Enforcement Agency?
Child Support Enforcement Agencies play a key role in ensuring children receive the financial support they need. Each state has enforcement agencies, and Georgia’s is the Division of Child Support Services, which is part of the Department of Human Services. If you are facing difficulties with child support enforcement, do...
Continue Reading What is the Child Support Enforcement Agency?How Courts Determine Custody
When determining child custody, courts consider a range of factors to ensure that the best interests of the child or children are served. These factors may include the child’s age, their relationship with each parent, the stability of each parent’s home environment, any history of abuse or neglect, the child’s...
Continue Reading How Courts Determine CustodyModifying Child Support When Financial Situations Change
We understand that life circumstances can change in unexpected ways and that these changes can have a significant impact on your financial situation. If you are currently making child support payments and experience a change in your income or economic resources, it may be possible to modify your child support...
Continue Reading Modifying Child Support When Financial Situations ChangeHow Domestic Violence Affects Cases
Domestic violence is a distressing and heartbreaking issue that can have devastating effects on families. It is essential to acknowledge the impact of domestic violence on family law cases, as it significantly alters the dynamics and proceedings of these matters. When domestic violence happens, the safety and well-being of the...
Continue Reading How Domestic Violence Affects CasesCan I File a Claim if I Was Injured as a Pedestrian or Bicyclist in a Car Accident?
Each year, over 60,000 pedestrians and 50,000 bicyclists are injured in traffic crashes. As a pedestrian or bicyclist, you are vulnerable to catastrophic injuries, resulting in surgeries, follow-up visits with specialists, and thousands of dollars in medical expenses. Accessibility issues may arise for individuals who suffer long-term injuries. To navigate...
Continue Reading Can I File a Claim if I Was Injured as a Pedestrian or Bicyclist in a Car Accident?Can a Person Be Removed from the Georgia Sex Offender Registry?
If you are convicted of a sexual offense in Georgia, you face imprisonment and fines. Being stripped of your freedom can be utterly degrading, but after your sentence is served, you will still have to deal with having your name listed on the state sex offender registry. While there is...
Continue Reading Can a Person Be Removed from the Georgia Sex Offender Registry?Can I Sue if a Drunk Driver hit me?
If you are in an accident with a drunk driver, you may suffer lost wages, medical expenses, pain and suffering, and emotional distress. In most cases, you are entitled to sue the driver for damages. If the driver took a blood, breath, or urine test that reflects an illegal alcohol...
Continue Reading Can I Sue if a Drunk Driver hit me?How Does the Size and Weight of a Truck Affect Liability in an Accident in Georgia?
Federal law allows a commercial truck to be 13 feet 6 inches tall and 8 feet 6 inches wide. Fully loaded, a “big rig” can weigh up to 80,000 pounds. Understandably, there are inherent risks when traveling beside a vehicle of this size and weight. Even if a truck driver...
Continue Reading How Does the Size and Weight of a Truck Affect Liability in an Accident in Georgia?How Do I Know if I Have a Valid Claim for My Car or Truck Accident?
There are approximately 6 million passenger accidents yearly, with many forcing those involved to seek medical care. If you have recently been in a car or truck accident, you may question if it is worth filing an accident claim. Who wants to go through the trouble of filing a claim...
Continue Reading How Do I Know if I Have a Valid Claim for My Car or Truck Accident?Can a Sex Crime Charge Be Dismissed or Reduced in Georgia?
If you are facing allegations of a sexual offense, you may feel terrified. Generally, a sex crime is defined as any illicit sexual activity. Georgia sex crimes can be classified as either misdemeanors, aggravated misdemeanors, or felonies. Although it is possible to get a sex crime dismissed or the charge...
Continue Reading Can a Sex Crime Charge Be Dismissed or Reduced in Georgia?What Should I Do with Dash Cam Footage After My Car Accident?
A car accident can happen in the blink of an eye. Given technological advancements, many motorists have installed dash cams to record while driving continuously. While the type of dash cam you purchase will depend heavily on your price point, the footage it captures may be key to supporting your...
Continue Reading What Should I Do with Dash Cam Footage After My Car Accident?Your Guide to the Divorce Process
Depending on your specific situation, the steps in the divorce process can quickly become overwhelming and complicated. One of the steps you should prioritize is getting an experienced divorce attorney in Georgia as early as possible in the divorce process. We will assess your situation, ensure you understand all the...
Continue Reading Your Guide to the Divorce ProcessAt What Point Does Your License Get Suspended?
Certain traffic violations will result in points against your license. Once you accumulate 15 points in Georgia, your driver’s license will be suspended. Losing your driving privileges will make getting to work, bringing your kids to school, and performing other routine tasks challenging. You may be forced to take a...
Continue Reading At What Point Does Your License Get Suspended?Steps to Take if You Knowingly Tamper with Evidence
To be prosecuted for tampering with evidence, you must have intended to destroy evidence to disrupt a criminal investigation. While inadvertently tampering with evidence is not a crime, knowingly tampering with evidence can result in an extensive prison sentence and steep fines. If you are facing criminal allegations of evidence...
Continue Reading Steps to Take if You Knowingly Tamper with EvidenceWhat are the Steps to Enforce a Court Order for Child Support or Custody?
Following a divorce, your child’s welfare should still take priority. This can be challenging when the other parent is not living up to their obligations. In Georgia, support and custody orders are handled by the Georgia Department of Human Services Division of Child Support Services (DCSS). If your former spouse...
Continue Reading What are the Steps to Enforce a Court Order for Child Support or Custody?Can You Get Remarried If You Are Legally Separated?
Understanding the difference between acquiring a divorce and legal separation can help you make the decision that is best for you. While Georgia courts may grant alimony, child support, or custody/visitation rights to both divorced and legally separated spouses, legally separated spouses are still married. This means that, unlike divorced...
Continue Reading Can You Get Remarried If You Are Legally Separated?What is the Difference Between a Felony and Misdemeanor in Georgia?
Crimes in Georgia are classified as either felonies or misdemeanors. While a felony is punishable by a minimum of one year in prison, misdemeanors are punishable by no more than one year. Also, the fines associated with a felony are typically much higher than those associated with a misdemeanor. Whether...
Continue Reading What is the Difference Between a Felony and Misdemeanor in Georgia?Child Support When Custody is Shared Equally
Child support in Georgia is based on the best interests of the involved children, and a wide range of factors are taken into careful consideration. These factors include, but are not limited to, the parenting time arrangement. Both parents are responsible for supporting their children financially, and a primary factor...
Continue Reading Child Support When Custody is Shared EquallyWhat 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. This means that spouses can choose between no-fault and fault-based divorce when filing a complaint. Further, many divorces...
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. If you...
Continue Reading What You Need to Know About Spousal Abandonment in GAThe Impact of Truck Driver Shortage on USA Roads
With an approximate shortage of 60,000 truck drivers in the United States, this deficit is projected to grow to 82,000 by the end of this year. By 2030, that number may be as high as 160,000. But should this shortage be a cause for concern? The transportation of goods is...
Continue Reading The Impact of Truck Driver Shortage on USA RoadsDoes 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. Some people wonder if getting remarried will affect child support payments. Generally speaking, child support payments are usually not affected by a parent getting remarried. However,...
Continue Reading Does Getting Remarried Affect Child Support?Penalties for Public Intoxication
Georgia has strict laws when it comes to individuals behaving inebriated in public. If you exhibit boisterous or vulgar behavior in public or are shouting profanities while visibly intoxicated, you may be charged with public intoxication. It is a misdemeanor offense, and first-time offenders may be sentenced to one year...
Continue Reading Penalties for Public IntoxicationHow 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. Understanding how these apply to your case is vital to ensure that your child’s...
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...
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...
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...
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: in2022, 120,200 trucks were involved in injury crashes, with 5,837 fatal crashes taking place in the same year. Given the size of a commercial truck, a shortage of available truck drivers, and truck drivers’ demanding...
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, including the accident investigation, locating all sources of...
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. Messaging, taking pictures or videos, scrolling through the internet, or posting online are all types of distracted driving that...
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...
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. In Georgia, a fourth DUI offense...
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. Any time 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. Even if you do suffer harm, certain factors must be present for you to take legal...
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. If 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. The first step in any personal injury case is to attempt settling through insurance. With insurance companies wanting to pay...
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 or 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. Such claims are legally challenging, and having the skilled legal guidance...
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. The grandchild-grandparent relationship is an important one that can enrich the lives of both parties. However, there may...
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 in various assets. While most divorces come with many challenges, even those that don’t involve significant assets, high-asset divorces have specific complications and considerations due to the complex types...
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...
Continue Reading Forsyth County Speeding AccidentsThe Legal Implications of Legitimation
When a man establishes paternity, he is required to pay support for his children. Unfortunately, unmarried fathers have no right to see their children until they establish a biological relationship by filing a Petition for Legitimation in court. The family law attorneys at Banks, Stubbs & McFarland would like to...
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. One of the first decisions you need to make is...
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. Your account of the truck crash and...
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 other states. Many people know that misdemeanor offenses are less serious than felony offenses and come with less severe penalties. On the other hand,...
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, 1,291 children were adopted in Georgia in 2022. Adoption is so much more than a legal process; it can transform the lives of the adoptive children, adoptive parents, and birth parents. There are various ways of adopting...
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,...
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. But what you may not know is that you can also be penalized if the police see an open container of any kind of alcohol...
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. Many local drivers also profit from Uber. On the other hand, the popularity of Uber has also raised the number of car crashes. Rideshare...
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. While every claim and injury...
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, you’re not alone. While your case is specific to the unique circumstances involved, there are...
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. Although no injuries were reported, the crash took place at a...
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 that you probably didn’t bargain for. If you’re facing a misdemeanor charge, don’t wait...
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. That being said, to file a successful personal injury claim, having a Georgia personal injury attorney working on your...
Continue Reading What if an Injury from a Personal Injury Case Shows Up Years After the Accident?Should 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...
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. Some people who sustain a TBI recover quickly and experience no long-term effects. For those who endure more severe TBIs,...
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. If you’re currently uninsured, it’s in your best interest to purchase coverage...
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, stating that a defendant’s guilt must be proven by the prosecution, and the...
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. However, suing the liable party in a delivery truck accident...
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. If you have been denied an opportunity due to a felony on...
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. While not all personal injury claims reach the trial stage, your Forsyth County, GA,...
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. If you have been recently arrested or charged with a...
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. This arrangement emphasizes shared decision-making for the child’s welfare while designating one parent as the primary residential custodian. The state wants to encourage parents to...
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. Fraud...
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. These cases can affect your finances, relationships, and future in general, so there is always a lot at stake. It is important to take family law issues seriously and always seek...
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. In the...
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. Failure to wear a seatbelt in a car crash can result in more serious injuries, ejections, and other devastating consequences including death. However, if...
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. This is tax fraud. If you attempt to defraud...
Continue Reading What is Tax Fraud?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. If you were injured as a result of someone else’s negligence,...
Continue Reading Who Will Handle My Personal Injury Case at Banks, Stubbs & McFarland?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. In this article, our personal injury lawyers give an overview of what encompasses...
Continue Reading What is Fair Compensation for Pain and Suffering?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. The American Trucking Association reports that the industry is currently about 80,000 truck drivers short, and this number might double by 2030. Some reasons for the shortage include...
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. Georgia makes a distinction between felony and serious felony crimes. Serious felony crimes, also...
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. Many people underestimate what they might recover financially for their injuries. However,...
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. Having sufficient proof can make the difference between winning or losing your personal injury case. The role of evidence...
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. Child support is determined based on various factors, including the income of each parent, the child’s needs, and the...
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. However, what happens when your child decides they do not want to see...
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. We all know that things change over the years, especially as children get older and their lives evolve. If you experienced a substantial change in circumstances, you...
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. When a person commits a crime and claims self-defense, they must prove that the amount of force they...
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. One such issue is the division of property, assets, and debts. Some spouses agree right away on property division, while others must battle it out in court. The following is an...
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. With mediation, they have control over what happens and make crucial decisions that will be fair for everyone involved. This is particularly crucial if decisions...
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. When dividing marital assets in a Georgia divorce, the state follows the equitable division rules, which means that all marital assets must be split fairly and equitably. However, this does...
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. This is an important part of the process, as you officially learn from...
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. Unfortunately, some people abuse the state’s domestic violence laws. Many people have...
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. You may talk to an internet-connected virtual assistant like Alexa on a daily basis in order to turn on your...
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. One of these rights pertains to providing identification when an officer requests it. Depending on the circumstances, you might have the right to refuse to show your ID to an...
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. These guidelines are rooted in constitutional protections, notably the Fourth, Fifth and Fourteenth amendments, which safeguards against unreasonable searches and seizures. Holding you in detention for too long without legal...
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. However, in certain situations, the circumstances of an alleged assault can escalate the charges to aggravated assault, which is a felony offense with harsh penalties possible. If you face charges of...
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. One situation is when you are accused of a driving violation that led to a fatal accident. If you have been arrested after a car crash...
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. However, each case is unique, and there is no one-size-fits-all timeline for a personal injury claim. When you set up a consultation with our personal injury attorneys at Banks,...
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. This does not only apply to discussing the incident or injuries in question, as taking a complete hiatus is the wisest move. Recently, a high-profile injury trial involving celebrity Gwyneth Paltrow demonstrated how social...
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. When dump truck drivers are negligent, they often cause devastating crashes, often leading to...
Continue Reading Negligent Dump Truck DriversIs Georgia a No-Fault State for Car Accidents?
There are two primary types of state laws regarding insurance claims following car accidents: no-fault and fault-based laws. No-fault states require drivers to carry personal injury protection (PIP) coverage and first seek compensation from their own insurers, no matter who was to blame for the crash. These states require drivers...
Continue Reading Is Georgia a No-Fault 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. Following a DUI arrest, you may have several opportunities to make sure...
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. If this happens to you, you are legally entitled to demand compensation for your...
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. This is where expert witnesses come in. They provide helpful analysis, specialized knowledge and experience, and assist in presenting evidence, and clarifying...
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. Put simply, a judge can impact the outcome of a personal case because they will make the final ruling or decision about the...
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. If you or someone you love was hurt in an accident in Georgia, you may...
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. Your compensation will primarily come from the at-fault party’s insurance provider. If you have relevant insurance coverage, you can file your claim with your insurer as well. To file an...
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. So, when you have multiple DUIs, regardless of whether it’s your second or fourth DUI conviction,...
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. The Georgia State Patrol (GSP) reported that 10 or more motor vehicles...
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. Ultimately, the answer to this would be based on your damages, which are the losses related to the accident and your injuries. In most...
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. While no amount of money can bring back your loved one, you can seek financial...
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 in crashed into a tanker truck on March 6, 2023, Monday. According to the authorities, the crash occurred at approximately 8:30 a.m. on GA-400 South between exits 14 and 13....
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. While listening to trusted friends and family members are great, you cannot take their input as...
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. They are capable of carrying approximately six to 15 tons of cargo, depending on their specific size. While dump trucks are essential, they...
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. When you have joint physical custody with the other parent, the higher-earning parent usually pays support. The judge will typically determine the child support payment amounts using the state...
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. If you’ve been hurt in an accident because of another person or entity’s negligence, you may bring a personal injury claim against the at-fault party to recover compensation for medical expenses, lost earnings,...
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. This is called the service of process. You are legally required to do this to inform your spouse that you have filed for divorce. It is crucial to...
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. What makes modifying a child support order in GA challenging is that the...
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. Divorce is a complicated legal matter, and because the...
Continue Reading What Is the Divorce Process in GA?Experience Matters When Hiring an Injury Lawyer in Hall County
People get injured all the time in various accidents, including, but not limited to: Car crashes Truck accidents Pedestrian accidents Slip and fall accidents Boating accidents Bike accidents Motorcycle crashes Construction zone accidents 18 wheeler and commercial vehicle accidents Unfortunately, your injuries might not have been properly diagnosed or fully...
Continue Reading Experience Matters When Hiring an Injury Lawyer in Hall CountyWhat to Do in a Hit and Run Accident?
While state laws provide severe criminal penalties on people who flee the scene of a crash without calling the local police and waiting for them to arrive on the scene, some drivers attempt to evade responsibility after hitting another vehicle. But if you suffered serious injuries or property damage in...
Continue Reading What to Do in a Hit and Run Accident?What is a Personal Injury Claim?
You can be the most careful person out there and still get into an accident because of someone else’s negligence. For example, one minute, you’re scanning the aisle for cereal in your local grocery store, and the next, you slip because of a puddle and end up breaking your hip....
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...
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...
Continue Reading Do Headphones Put Pedestrians in Danger? If They Are in an Accident but Have Headphones on, Who is Liable?Can 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. This might lead you to...
Continue Reading Can I Move Out of State with My Child During a Divorce?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...
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...
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...
Continue Reading 2022 is The Year for Holiday “Revenge Travel” for Many AmericansHow 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. A divorce can potentially leave one spouse without any income at all and potentially a very low earning capacity. For instance, this is common in families where one 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. No matter what type of divorce you are going through—even if it is amicable, it’s imperative to have...
Continue Reading What is the Divorce Process? What Happens if They Can Not Agree?Is it Helpful to Have a Witness in a Car Accident Case?
Yes. While having witness testimony is not a requirement when filing a car accident claim, it can be immensely helpful to prove fault or liability as well as the injured party’s damages. If you have sustained injuries in a car crash due to another person or entity’s negligence, you’ll need...
Continue Reading Is it Helpful to Have a Witness in a Car Accident Case?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. The most common form of custody is joint legal and primary/secondary physical custody. Family courts are more inclined to grant...
Continue Reading How Does GA Define Joint Custody?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. Based on the most recent data from the Georgia Department of Transportation (GDOT), here are some disturbing car accident stats in Gwinnett County from 2017 to...
Continue Reading Car Accident Stats in Gwinnett CountyCan 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. Each parent often has different visions for how they want the custody arrangement to be, and both of...
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. This will allow you to stay married in the eyes of the law. It is a great...
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. The 2022 Semi-Annual Hospital Price Transparency Compliance Report by Patients Rights Advocate found that a measly 16% of hospitals follow the requirements for...
Continue Reading Only 16% of Hospitals Comply With The Federal Hospital Price Transparency LawWhat 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...
Continue Reading What Should I Take Photos of After Someone Hits Me?Hiring 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. One of...
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. Rear-end accidents made up 27.8% of all crashes in the United States, making it the most common type of motor vehicle accident that year. And contrary to popular belief, these crashes can be...
Continue Reading Why Are Rear-End Accidents So Common in GA?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...
Continue Reading Delayed Injuries You Could Get After a Car AccidentIs 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. For example, don’t admit fault, embellish your injuries, or post on social media are all excellent tips to follow. Most make sense, but why is posting on social...
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? While this scenario is not very common, it does and can occur....
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. This is usually not an issue. In some cases, however, the...
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. However, it’s the freezing and thawing of moisture and many other factors on the roads that cause potholes. Unfortunately, many of these potholes are dangerous. Potholes on Georgia roads threaten tire...
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. But not everyone may remember to wear their seat belt, particularly during emergency rides or traveling short distances. Following a motor vehicle crash in Georgia where you suffered...
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. This season can also come with various issues about child custody and visitation. Most parents want their child to be with them at all times, if possible, particularly on significant days during the holiday season,...
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. However, it’s essential to know that the steps you do or don’t take now and even days...
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. The idea is to provide a buffer that helps to minimize the injuries you sustain and to protect you to the degree possible from slamming against the interior...
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. But understanding the laws can help you better understand the best options for your specific situation. If you are wondering how your and your...
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. However, it’s what drivers do with that anger that can harm others and get themselves into trouble. More and more,...
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. The immense...
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. If you and your spouse are anything like most divorcing couples, you may have a difficult time coming up with an agreement on these divorce issues. If this is...
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. The stress of being harmed by someone else’s negligence can be overwhelming and navigating the claims process toward...
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. Even if you don’t suffer significant injuries, the process of...
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. This fact alone keeps many people from pursuing a divorce when they really want one. However, understanding Georgia’s property laws and how they impact divorce couples can give you the knowledge and confidence you...
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. The answer is that – while you are always safer when you have a seat belt on, are always encouraged to...
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. Amazon has its own branded semis and delivery trucks out there, and sometimes, their drivers are responsible for injuring other people in traffic accidents. If you’ve been injured by an Amazon...
Continue Reading I Was Hit by an Amazon Driver Can I Sue the Company?How Does Military Divorce Work?
Married military couples face much of the regular stressors that civilian couples face, plus some. Unfortunately, sometimes these marriages just don’t work out, and problems can grow beyond repair. If this has happened to your marriage, you’re likely wondering how a military divorce works in Georgia. The good news is...
Continue Reading How Does Military Divorce Work?What 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. What Exactly is a Wrongful Death? When a...
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. They are court orders that each parent must abide by. Failure to do so can lead to severe consequences, including losing visitation or custody rights. Although custody orders are meant to be permanent,...
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. Who gets the house? Will anyone pay alimony? Who will get custody of the children? There are many unanswered questions until the process...
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. An astounding 4.6 billion people worldwide use social media, and they spend an average of two and a half hours daily scrolling, posting, messaging, watching, reading, or just lurking around social...
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. Some parents may not be in their kids’ lives for different reasons, while some fathers may not even be aware that they have kids. Others, however, may not have the financial...
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. Besides giving your stepchild a deeper sense of belonging and serving as a statement of affection and love for your stepchild, adoption...
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. The reason that hospitals would not bill your health insurance is they are betting they can make more...
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. While pedestrians must also take the necessary steps to keep themselves safe on the road and exercise...
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. You can use the information you collect as evidence when you bring your claim against the party that...
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. This means that your child can’t unilaterally decide to stop visiting their other parent but can state their wishes or preferences with the court’s approval. The court will most likely uphold your...
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. It’s second nature for most people to post about their lives on social media. However, just one post can make it more difficult for...
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. Under...
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. Unless you legally adopt your stepchild, you may not be given any legal right to visit or stay in contact with the child they’ve raised as their own for many...
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. Unfortunately, in an accident involving a distracted driver who was texting while driving, it...
Continue Reading How Do You Prove That The At-Fault Driver Was Texting and Driving?Does 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. Child support orders are based on each parent’s financial circumstances and their child’s financial needs during...
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. These reasons can range from emotional issues to problems with abuse or violence and financial considerations. However, it’s worth noting that leaving the family home before the divorce has been finalized...
Continue Reading How Does Moving Out Affect Divorce in Georgia?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. Motorists face a plethora of weather-associated dangers every year, including rain, wet pavement, blowing dust, icy, slushy, or snowy pavement, and even fog. According to the...
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. Determining fault, and consequently, liability for the accident can be...
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. This duty involves taking reasonable steps to prevent endangering others, which includes ensuring that they maintain and repair their vehicles regularly. Drivers who fail to maintain their vehicles regularly may...
Continue Reading Does Vehicle Maintenance Play a Factor in Causes of Accidents?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. A Lack of Safety Features Motorcycle riders are often more seriously injured because their bikes do...
Continue Reading Why Are Motorcycle Accidents Worse than Auto Accidents in Cumming?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. It’s important, however, that we start the process before the statute of limitations (legal time limit) runs out. What Does It Mean to “Set Aside” a Decree? The term...
Continue Reading When Can a Divorce Decree be Set Aside in GA?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? According to reports, UPS equipped an estimated 11,000 tractor-trailers and 5,700 class 8 trucks with this technology. However, there are still many UPS truck accidents each year despite the addition of this...
Continue Reading What Should I Do If I’m Injured In A Crash With A UPS Truck in Suwanee?What 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. All children have the legal right to receive support from both parents. They are not, however, automatically entitled to financial support from stepparents. Will The Income of My New Spouse Taken Into...
Continue Reading What Happens to My Child Support If I Remarry?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. Out of these 1.7 million accidents, it’s estimated that there were 500,000 sustained injuries. Should you have been involved in a minor or major rear-end collision, you are likely entitled to compensation. Yet, many...
Continue Reading I Was Hurt In A Rear-end Collision in Suwanee, Now What?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. Out of these 331,796 vehicle accidents, 1,588 resulted in fatalities and thousands were injured. Additionally, hundreds of thousands of other accidents occurred between 2020 and 2021, including slip and fall accidents,...
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. It’s important to understand that judges in Georgia always prefer for the parents to make their own child custody agreement, as it can be better for the child,...
Continue Reading How Does a Judge Determine Custody in a Suwanee Divorce Case?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. Trucks can often cause more damage and injuries, and the resulting claims can be highly complicated. Here...
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. You may be aware that Congress has enacted new legislation which requires car manufacturers to install new technology in order to stop drunk driving. All new cars...
Continue Reading Congress Mandates New Car Technology to Stop Drunk Driving in GACan 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. As a parent, you’re entitled to appeal a child custody ruling if you don’t agree with the order the judge passed. But there are specific rules about under which...
Continue Reading Can I Appeal a Child Custody Ruling?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. The Chevrolet’s 41-year-old male driver was rushed to the Wellstar Fulton Hospital but succumbed to his...
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. An SUV failed to stop at a red light and hit a daycare bus traveling on Martin Road. The force of the crash caused the daycare bus to roll...
Continue Reading Bus Accident Injuries in Gwinnett CountyWhat 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? The good news is that you can still...
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. Is there...
Continue Reading At What Age Can a Child Refuse Visitation in Georgia?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. The custody arrangement must likewise address the visitation or parenting time agreement, which is the time that the children must spend with their non-custodial parent. As with child...
Continue Reading What Are Common Visitation Rights in GA?Should I Get a Protective Order During Divorce?
Divorce could be an especially triggering event for family violence. Domestic abuse, known as family violence in Georgia, is any kind of abuse inflicted by one partner on the other in an intimate relationship or marriage. Hitting, shoving, sexual assault, pushing, and other kinds of physical attacks are considered family...
Continue Reading Should I Get a Protective Order During Divorce?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. Put simply, in auto accidents involving uninsured motorists, the process...
Continue Reading Will an Uninsured Driver Automatically Be At Fault for a Crash?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. These minimum requirements are exactly the same whether you ride a motorcycle or drive a car. They will cover the costs you may be responsible...
Continue Reading What Insurance Must Motorcycle Riders Carry in Georgia?What 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. Here are the most common types of injuries you can sustain when your vehicle gets rear-ended. Whiplash...
Continue Reading What Injuries Can You Get From Being Rear-Ended?What 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. This doesn’t just mean being safe from hazards like clutter or wet floors but also from becoming victims of a...
Continue Reading What are Examples of Security Negligence?Road Fatalities During the Thanksgiving Holiday Period
According to AutoInsurance.org, Thanksgiving is the 9th deadliest holiday to be on the road in America. There’s an annual average of 391 fatal crashes across the country and a three-year total of 1,173. Thanksgiving is typically the busiest week of the year for American highways. AAA predicts that there will...
Continue Reading Road Fatalities During the Thanksgiving Holiday PeriodHow 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. It’s common for Georgia roadways to have many dump trucks carrying dangerous loads at any given time. Although they are necessary at construction sites, their substantial size is enough to cause...
Continue Reading How Often Do Dump Truck Accidents Happen?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. Having debt may seem fine when you’re basking in wedded bliss. After all, the...
Continue Reading How is Marital Debt Decided in GA?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. Permitted drivers are...
Continue Reading How Does GA Handle Accidents with Driver Permits?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. It recently added a requirement for all states to obey alcohol and drug prohibitions by November, 2024. All drivers with a commercial driver’s license (CDL) that test positive...
Continue Reading FMCSA Requires States to Downgrade CDLs for Drivers with Alcohol or Drug ViolationsAccidents 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. No matter their reasons for riding them, safety should always be paramount. This is why Georgia has helmet laws in place....
Continue Reading Accidents With or Without Motorcycle HelmetsTruck 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. If you have been in an accident with a truck driver in North Georgia, reaching out to a local Forsyth County truck accident attorney to assist with...
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. Some injuries are apparent right away, while others might not be. The adrenaline resulting from an accident can mask over pain that would signal injuries, and some injuries have delayed symptoms that might develop...
Continue Reading Should I Seek Medical Care After a Motorcycle Accident?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. Those numbers are down significantly from 2008 when there were 11,365 Administrative License Suspensions and 44,017 DUI Convictions, but there’s still much work to be done to discourage drinking...
Continue Reading Learn How a New DUI Initiative in Georgia Might Affect YouHow 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. A simple car crash might require only repairs to your vehicle, but even slow repairs can prevent you from working and grind your life to a halt. When significant injuries are...
Continue Reading How Common are Car Crashes in Cumming?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, regardless of which spouse owned or bought the property. Unlike states that follow the community property principle when dividing property between...
Continue Reading How Are Assets Divided During a Divorce?Can 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. Judges will honor the child’s preference as long as it is in line with the...
Continue Reading Can a Child Request to Change Custody in GA?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. The best thing you can do if you are arrested for driving under the influence of alcohol is to say nothing to the officer and refuse to submit to any field sobriety tests....
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. Under Georgia law, if you have to file against your own insurance company, no insurer can surcharge the premium charged on a policy of motor vehicle insurance. Also, no...
Continue Reading If I File Against My Own Insurance, Will My Rates Go Up?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. Pain and suffering is a type of non-economic damage, so unlike hospital bills and property...
Continue Reading Can You Sue for Pain and Suffering in GA?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. Pain and suffering, medical bills, and lost wages are only a few of the immediate effects resulting from accidents that cause injuries. The long-term effects may cause brain damage,...
Continue Reading When Is It Worth Filing A Personal Injury Case In Court?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...
Continue Reading What Happens to Military Benefits After Divorce?Banks Stubbs & McFarland Takes Commitment to “Restoring Lives” Beyond the Courtroom
Forsyth County-Based Law Firm Recently Took Part in Two Local Charity Events The skilled attorneys at Banks, Stubbs & McFarland (BSM) are committed to restoring lives – both in and outside of the courtroom. While most of our days are focused on family law, personal injury, criminal defense and DUI...
Continue Reading Banks Stubbs & McFarland Takes Commitment to “Restoring Lives” Beyond the CourtroomWhat 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. However, the rideshare company is not without its share of...
Continue Reading What Happens When a Pedestrian is Struck by an Uber Driver?Should I Go to The Emergency Room or Urgent Care?
An accident or unexpected need for medical help can interrupt anyone’s day without warning. If you have a medical emergency, you need to call 911 and go to the emergency room. It is advisable to get checked out as soon as possible after a motor vehicle accident. If you elect...
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. If you are unable to settle claim with the at fault insurance company...
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. On the other hand, this also means that there are also a wide variety of ways people can get injured, whether through their own fault or another person or entity’s negligence. Below are some of...
Continue Reading Common Types of Accidents During The Summer MonthsWill 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. House Bill 534 was signed into law by the Governor on May 3rd and enacted...
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. Up until now, these self-driving vehicles have been exclusively passenger vehicles, with companies like Tesla and Uber promising to make driverless cars and delivering. Now,...
Continue Reading Driverless Trucks Will Be Out on the Road SoonWhat 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. These statistics are highly alarming, and it is estimated that one-third of these fatalities are the result of accidents caused by reckless driving....
Continue Reading What are the Top Causes of Reckless Driving Accidents?Safety 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. If you’ve been...
Continue Reading Safety Tips for Boating This SummerNew 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. Specifically, HB 231 allows victims of dating violence to seek a temporary protective order against their abusers. Prior to this development,...
Continue Reading New Protections for Victims of Dating Violence in GeorgiaUber 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...
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. Discuss the matter with a Forsyth County criminal defense...
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. Because there...
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...
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...
Continue Reading Appealing the Outcome of a Custody or Related CaseHow 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...
Continue Reading How Will a Divorce Affect My Taxes?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...
Continue Reading Why Hire a Divorce Lawyer?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...
Continue Reading Challenges for Families and the COVID VaccineWhat 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. This research shows a 2.3 percent decrease from the 1,540 traffic deaths in 2017. But 2020 saw an upsurge in the fatalities on Georgia roads, raising them to...
Continue Reading What to Expect During Your Car Accident Attorney ConsultationWhat 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. Fortunately, an experienced Cumming nursing home abuse attorney can help you get through this ordeal while upholding your aging relative’s legal rights...
Continue Reading What to Expect during a Nursing Home Abuse LawsuitWhat 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. Some acts of abuse they suffer are outrightly...
Continue Reading What is Nursing Home Abuse and When Can You Sue?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, and when those responsible fail...
Continue Reading Things Nursing Homes in Georgia Are Not Allowed to DoThe 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. If you are divorcing an addict or alcoholic, you need the professional legal counsel of...
Continue Reading The Difficulty Involved in Divorcing an AddictHow 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. Worse still, its innocent victims suffer at the hands of those employed and legally mandated to care for...
Continue Reading How to Report Suspected Nursing Home Abuse in GeorgiaWhat 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. When one of the parents lives internationally, things become that much more complicated. If you have child custody concerns related to your divorcing...
Continue Reading What Happens When Parents Live Internationally?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. If you’re facing a child custody battle in your divorce (or in the form of a modification), you’re facing a difficult task ahead, and if your children are coming up on...
Continue Reading When Can a Child Decide Which Parent to Live With?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 with the divorce process. If it’s time for you to file for divorce, but you can’t even locate your spouse, it...
Continue Reading Can’t Locate Spouse for Divorce?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. Desertion, in essence, refers to when one spouse unilaterally leaves the marital home for a full year (at a minimum). Let’s take a closer look, and...
Continue Reading What Is Spousal Abandonment?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. The fact is that many motorists do not see motorcycle riders on the roadway. Since bikes do not...
Continue Reading Key Factors that Can Affect Your Motorcycle Accident ClaimHow 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. The only way to do this, however, is to carefully document the facts showing liability in the wreck, the full extent of the damages you’ve suffered and to skillfully pursue just and full...
Continue Reading How We Help Maximize Our Clients’ RecoveryHow 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 to help mitigate this disadvantage, the court is likely to order alimony. In the State of Georgia, the court has considerable discretion in...
Continue Reading How is a Spouse’s Alimony Determined?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, you are not required to do so. If you...
Continue Reading The Dos and Don’ts of Settling Your Case Pro Se (without Legal Representation)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. Many of us have turned to social media to connect with others and to express ourselves on...
Continue Reading Don't Post about Your Accident on Social MediaDo 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. In fact, the court is bound by law to predicate all child custody-related matters on the best interests of...
Continue Reading Do Family Courts Favor the Mother?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. Such a modification will only be considered if your family has experienced a substantial change...
Continue Reading Can Visitation Be Upgraded to Custody?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, which means that your marital property will be distributed in a manner deemed fair given...
Continue Reading Are the Assets I Owned Prior to Marriage Protected during Divorce?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...
Continue Reading How to Prevent Nursing Home Abuse & NeglectBicycle 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. Bicycle and pedestrian accidents are some of the most dangerous traffic accidents for a variety of important reasons....
Continue Reading Bicycle and Pedestrian Accidents vs. Car Accidents: How Are They Different?Motorcycle Accidents Differ from 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, including burn injuries from...
Continue Reading Motorcycle Accidents Differ from Car Crash ClaimsWhat 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. These wrongful death cases are often the most painful category of personal injury law, and while no amount of compensation can ever right the wrong you’ve suffered, just compensation can help...
Continue Reading What Damages Are There to Recover after a Wrongful Death?Common Types of Surgeries after a Bad Car Accident
As traffic continues to increase in the United States, so do car accidents. A serious car accident can lead to serious spinal injuries that require surgical care, which tends to be both costly and painful – and to require a lengthy recovery period. If a negligent motorist leaves you injured...
Continue Reading Common Types of Surgeries after a Bad Car AccidentWho 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. Additionally, massive semis continue to put so many miles behind them that the risk of dangerous truck accidents continues to grow. When it comes to truck accidents, liability generally lies with the truck driver,...
Continue Reading Who Is Liable in a Truck Accident and How to Prove It?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. While putting such thoughts out of your mind may be the easiest thing to do, the fact is that this tactic is...
Continue Reading Should I Wait to File a Personal Injury (PI) Claim in GA?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. Obtaining the compensation to which you are entitled,...
Continue Reading What Constitutes a Wrongful Death?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. The most devastating part is that drunk driving crashes are preventable. Personal injury law allows...
Continue Reading What Are Punitive Damages in a DUI Accident?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. Most custody orders (both joint and sole; both temporary and final) disallow moving a considerable distance – or out of...
Continue Reading What Are My Rights for Relocation as a Separated Parent?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. If you are facing a divorce issue related to alimony and adultery, it’s time to consult with an experienced Georgia family law attorney. The Denial of...
Continue Reading Does Adultery Affect Alimony?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. The school authorities involved believe that, if...
Continue Reading Voluntary Homeschooling and New Proposed LawHow 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, we still are receiving specific questions about...
Continue Reading How Could COVID-19 Affect my Accident Claim?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. Unfortunately, not every motorist out there is as conscientious...
Continue Reading Can You Earn Rewards for Not Driving Distracted?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. At least one company is quietly testing its self-driving big rig, even as...
Continue Reading How Will Self-Driving Trucks Affect Safe Roadways?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. One of the most complex components of TBIs is that their symptoms can be slow to present, which...
Continue Reading How Long Does It Take for Symptoms of a TBI to Appear?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. There is, however, considerable promise in such usage – not least of all for the quality and breadth of the images they...
Continue Reading How Can a Drone Help Your PI Case?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. Because the complexities of physical injuries can be...
Continue Reading How 3D Printing Can Help in a PI CaseAre 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. Because a child has not reached adulthood, he or she cannot bring a legal claim on his or her own behalf. A parent or adult guardian must bring a bodily...
Continue Reading Are there Differences in the Law for Child Injury Cases?Why You Should Get a Police Report for a Slip and Fall Accident in Suwanee
Based on our experience, we strongly encourage you to file a police report if you slip and fall inside or near a business, commercial property, or someone else’s residential property. This may seem like a no-brainer, but at that moment when a fall occurs, you might be embarrassed, and the...
Continue Reading Why You Should Get a Police Report for a Slip and Fall Accident in SuwaneeProving Fault in a Rear-End Accident
Rear-end accidents are common, and misconceptions about these accidents are also common. Many people mistakenly believe that when a car hits another car from behind, it amounts to nothing more than a “fender-bender,” but the fact is that the impact of rear-end accidents can be highly dangerous and cause serious...
Continue Reading Proving Fault in a Rear-End AccidentHigh 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. With constant deliveries and restocking needed, there has been an increased demand on the trucking industry. Our economy...
Continue Reading High Demand May Increase Truck Accident RisksSteps 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. It is only natural to be shaken up and be unsure of what to do in the aftermath of an accident. However, what you do - or do not...
Continue Reading Steps to Take after a Georgia Car AccidentHandling 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. The following are a few tips for how to navigate the confusing situation of shared custody during a pandemic. If you have any questions about your specific situation,...
Continue Reading Handling Child Custody during COVID-19Should 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. Injured accident victims can be vulnerable, and the insurance company involved is well...
Continue Reading Should You Accept the First Settlement Your Insurance Company Offers?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. To accomplish this task, you will need evidence that backs up your version of the accident, and an important component of this evidence can be...
Continue Reading Taking Photos After a Car AccidentIs 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. The party who files the complaint becomes the plaintiff in the...
Continue Reading Is There a Benefit to Filing for Divorce First?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. The original idea was that after some time, memories and...
Continue Reading How Long Do I Have to File an Injury Claim After an Accident in Georgia?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. While that number may seem low, it means one to two out of every 100 neighbors drives drunk, and that’s just the...
Continue Reading What Should I Do If My Loved One Was Injured by a Drunk Driver in Georgia?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...
Continue Reading Death By Car Accident: A Growing Epidemic in Georgia and the USWrongful 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...
Continue Reading Wrongful Death Case ExampleElliott – The Big Deal for DUI Cases in Georgia
PreviouslyI 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...
Continue Reading Elliott – The Big Deal for DUI Cases in GeorgiaCurrent 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...
Continue Reading Current Issues in DUI Litigation: ElliottCan 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,...
Continue Reading Can Georgia parents go to arbitration in a child custody case?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...
Continue Reading Enforcing a Georgia child support order in a different stateWhat 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...
Continue Reading What is ‘UIFSA’ with regards to Georgia child support?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...
Continue Reading Drug charges can be devastating to reputations in GeorgiaDo 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...
Continue Reading Do Georgia parents lose custody if they leave the state?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...
Continue Reading What exactly is a “Miranda warning” in Georgia drug crime cases?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...
Continue Reading What is the ‘attenuation doctrine’ in Georgia drug crime cases?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...
Continue Reading Mother faces extradition to Georgia in child custody dispute‘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...
Continue Reading ‘Families in Transition Seminar’ part of divorce in Georgia4 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....
Continue Reading 4 ways to minimize drama in your divorceLatest 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...
Continue Reading Latest developments in case of baby who died in hot carHow 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...
Continue Reading How a fight in school can lead to criminal charges in GeorgiaWhat 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...
Continue Reading What does state law have to say about synthetic marijuana?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...
Continue Reading Policy Change in Administrative License Suspension Hearings