How Medical Bills are Paid in a Personal Injury Suit in Savannah

admin — Thu, 11 Apr 2013 20:14:46 +0000

Getting injured is a serious matter regardless of the situation, and it becomes even more important when you are injured in public, as a result of a car accident, or as the cause of some other person or entity.

If you have suffered any damage that required medical attention or a physical or mental recovery period, you may be entitled to recovering said damages from the other party involved. As an experienced Personal Injury Lawyer in New Orleans will tell you, if you have suffered injuries as the result of an accident, the first thing you should do is make your way to the nearest Hospital Emergency Room.

Whether that requires driving yourself, asking for a ride or calling the police, fire department, or ambulance, it is important to your case that you document the physical pain and distress as a result of your accident.

Who Pays My Medical Bills When I’m in an Accident?

Even if you will be receiving a settlement as a result of your auto accident or personal injury case, it is your responsibility to pay your medical bills. Prior to hiring a personal injury lawyer in Savannah, make sure you have a written contract with your attorney to determine how your lawyer will be paid. There are a number of different options on how to pay your attorney for a personal injury case. You can choose between a contingency fee, flat rate or hourly rate fees.

Collecting Your Personal Injury Settlement Compensation

If the defendant in your personal injury case is insured, you will have to notify their insurance company of your injuries, if they have not already been informed, and they will most likely write you a check for the damages up to the limit of the insurance policy. If the defendant in your personal injury case is not insured, it won’t be this simple. You may have to talk to your attorney about collecting your judgement as personal injury lawyers may specialize in this area as well.

Have you been in an accident that required medical attention? Please feel free to give me a call or send me an e-mail for a free consultation.

Plea In Absentia – Out of Town / Deployed Clients

admin — Mon, 01 Apr 2013 19:19:05 +0000

Many of my clients do not live here in the Savannah area. Some don’t even want to come back after their arrest. Don’t worry, because I resolve many client’s case without them coming back to court through a plea in absentia.

The plea in absentia is a document that permits a client’s attorney to present a two page affidavit to the court in the client’s absence. This documents sets forth the following:

-the charges against the client

-the rights given up by pleading guilty or no contest

-the terms of the plea agreement

-satisfaction with attorney services

Plea in absentias are only for misdemeanors or city ordinance violations. If you are charged with a felony, you more than likely will have to come back to court with your lawyer unless something is worked out ahead of time.

The one downside to a plea in absentia is that the court generally requires the entire fine amount at the time the plea is entered into court. Normally, a defendant has the life of probation to pay any a fine. If you can afford it, then a plea in absentia is a viable option for you if you live out of town.

Texting while driving: a great danger to teen drivers

admin — Thu, 28 Mar 2013 20:34:45 +0000

Although most drivers understand the dangers associated with texting while driving, texting while driving continues to be a major problem for young drivers. A recent survey showed that although nearly 100% of teens agree that texting while driving is dangerous, 43% confessed to doing it. Furthermore, a staggering 75% of teens admitted that texting while driving is a common practice among their friends.

Avoid serious injury and the risk of car accidents, don’t text while driving!

Suspects in Georgia baby’s murder face first court appearances

admin — Mon, 25 Mar 2013 21:51:37 +0000

A Georgia teen has been charged as an adult with murder in the shooting which killed a 13-month-old boy. A second suspect has been scheduled to be in court and faces a murder charge as well. The infant was fatally shot while he rode in a stroller his mother was walking. According to the mother, the two boys approached her and demanded money. She stated the boys killed the child and injured her.

Police search for shooter after Ga. infant killed

admin — Fri, 22 Mar 2013 16:35:12 +0000

A 13-month-year old boy is dead after being shot while his mother pushed in as stroller. Police say they have received at least 30 leads in the case. The mother and child were out on a morning walk when two suspects in Brunswick, GA approached them and shot the child with a handgun. The suspects are believed to be under the age of 16. Authorities are investigating area schools for students who missed class in an attempt to find the suspects.

http://www.usatoday.com/story/news/nation/2013/03/22/georgia-infant-stroller-killed/2008681/

Pair Arrested In Georgia Rabbit Hoarding Incident

admin — Wed, 20 Mar 2013 15:10:23 +0000

A Georgia man and woman have been arrested for animal cruelty when police showed up at their home in search of the woman for a probation violation. When police arrived, they discovered three adults, a 9-year-old child, and at least 77 rabbits in the household. According to a police report, there was a “strong odor of ammonia/urine…throughout the entire residence.” The residents claimed to be keeping the rabbits for “rescue purposes”, but were ultimately booked into jail and charged with animal cruelty.

http://www.thesmokinggun.com/documents/georgia-bunny-rabbit-hoarders-679832

Georgia woman reportedly steals almost $10G from Girl Scout troop

admin — Tue, 19 Mar 2013 18:21:32 +0000

An ex-treasurer of a Georgia Girl Scout troop is being held in jail for allegedly stealing $9,800 from the group. The woman allegedly has a daughter who participated in the Girl Scout group. According to the report, the suspect spent the money on a dating service and to purchase gifts. She faces felony theft charges.

http://www.foxnews.com/us/2013/03/19/georgia-woman-reportedly-steals-almost-10g-from-girl-scout-troop/

Sneiderman pleads not guilty at arraignment

admin — Fri, 15 Mar 2013 18:01:53 +0000

A Georgia widow has pleaded not guilty to a one count charge of felony murder in the death of her husband. According to this report, a conspiracy between the woman and her former boss is present. The mother of two faces also faces several charges, including one count of aggravated assault, seven counts of perjury, and four counts of giving false statements.

Georgia First Offenders Act

admin — Fri, 01 Feb 2013 20:52:27 +0000

The First Offenders Act, also referred to as a withheld adjudication, is one of the most important criminal statutes for defendants on the books. The Act is codified at O.C.G.A. §42-8-60. FOA allows a defendant to plead guilty to a particular charge, serve the sentence imposed by the judge, but then not have a conviction upon successful completion of the sentence. Essentially, the court accepts the guilty plea, but withholds actually adjudging a defendant guilty. FOA can only be used once in a person’s life.

FOA is generally used to avoid a felony. A felony conviction will a persons civil liberties like owning or possessing a firearm, voting, receiving government benefits, and holding public office. It can also substantially impair a persons ability to obtain employment. FOA allows a person to avoid these harsh penalties. However, one can not use FOA for very serious felonies like: murder, rape, sex related crimes.

FOA can also be used for misdemeanors, although not usually advised. Usually, one would want to save FOA for a felony charge. Using FOA is truly a tactical call for an experienced lawyer and truly understanding the client. FOA can be used for almost all misdemeanors. The main misdemeanor that FOA can not be used for is a DUI change. Georgia statute specially precludes the use of FOA for DUI offenses.

FOA can be a double edge sword for a defendant. While is can save someone from a felony conviction, a defendant can also lose it if they violate a condition of probation or parole. If a person commits a probation or parole violation, and probation or parole is revoked by a judge or the parole board, the defendant can be resentenced to the original crime and serve the remainder of the sentence in jail.

FOA is a powerful tool for a defendant, but it must be taken seriously. A defendant must successfully complete the sentence before receiving its benefit

Federal Criminal Sentencing

admin — Wed, 30 Jan 2013 15:50:59 +0000

Federal sentencing has often been referred to as draconian or “dark ages” type justice. Penalties are harsh, and probation is almost unheard of (although not impossible). Almost all federal statutes are felonies. Parole has been abolished in the federal system, so defendants generally do at least 85% of their sentence. After incarceration, a defendant is generally sentenced to a period of supervised release which is intense probation. Violations of supervised release will generally send a defendant back to jail for a substantial period of time.

Sentences are generally dictated by the United States Sentencing Guidelines (“USSG”). These are rules set by congress which attempt to standardize sentences in different federal districts/areas of the country. Recent caselaw has made the guidelines “advisory” to the court, so they are no longer mandatory. Nevertheless, every court continuance to sentence most defendants based off the guidelines.

The USSG calculate sentences by looking at two things: the crime; a defendant’s criminal history.

-The Crime: Every criminal federal statute is noted in the USSG and given a number called a Base Offense Level “BOL.” The higher the number, the more jail time is associated. This number can go up or down. It can go up (points added) for factors that make the case aggravating. The BOL can go down for things like pleading guilty, cooperation with the government, and role in the offense. The name of the game is to get this number as low as possible.

-Criminal History: the worse a defendant’s criminal history, the more time they are looking at. Each conviction is given points depending on its severity. You can also get points for committing offense while on parole. Some minor crimes do not count, but most do. As in BOLs, its important to score as low as possible on the criminal history scale.

Once a BOL and criminal history are calculated, one looks at the USSG chart. The chart consists of ranges of months of incarceration which are determined by the BOL and Criminal History Category.

It is imperative that if you are being federally prosecuted, or a target of a federal investigation, you hire an attorney skilled in the USSGs and federal statutes. It really can make a significant difference in a potential sentence. This area of the law in very complex and experience can make all the difference.