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Understanding Veterans’ Disability Benefits

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If you served in the United States Armed Forces and you are disabled due to service-related injuries, you may be eligible for complete or partial veterans’ disability benefits.

These benefits are similar to Social Security Disability benefits because both are forms of monetary compensation that are paid on a monthly basis to qualifying applicants.

The exact dollar amount a veteran may receive depends on his or her percentage of disability, which ranges from 10 to 100 percent and is determined by the Department of Veterans Affairs (VA). The higher the percentage of disability, the higher the compensation.

Benefits are not taxed at the state or federal level and may include travel expenses for treatment and rehabilitation.

Low-income veterans who are over the age of 65 and are permanently or totally disabled may be eligible for veterans’ disability pension benefits in addition to disability benefits.

QUALIFYING FOR VETERANS DISABILITY BENEFITS

For a veteran to qualify for benefits, specific criteria need to be met:

  • The veteran must have a current medical disability or disease diagnosis.
  • The injury must have occurred during active service, whether air, military or naval.
  • The injury must be service-connected, meaning a direct correlation exists between service and the injury.

Veterans who were dishonorably discharged, suffered an injury attributed to misconduct or suffered an injury while deserting without leave will not be eligible for benefits.

The most important part of determining a veteran’s eligibility for benefits is establishing that the injury or disease was related to service.

A direct service connection injury involves a veteran sustaining an injury directly caused by serving in the military. For example, if a service member loses an arm or leg in a grenade explosion.

The other type of service-connected injury involves a veteran who had a pre-existing medical condition prior to service that was aggravated during the time of service.

Chronic conditions presumed to be service-connected, like tuberculosis or multiple sclerosis, can also be service-connected injuries or illnesses.

In any of the above scenarios, it is imperative to document the medical disability and have evidence of when and where the injury occurred.

If you are a veteran who was disabled during your military service, contact The Nye Law Group’s Savannah veterans’ disability attorneys today to find out how we can help you navigate the often complex disability process and receive the maximum compensation you deserve.

Call 855-856-4212 or complete our Free Case Evaluation now.

Georgia Pedestrian Dies After Being Struck By Car While Texting

Pedestrain

According to Hinesville law enforcement officials, a pedestrian was hit by a Honda CRV as he crossed East Oglethorpe Highway last Tuesday.

The pedestrian was texting on his cellphone when he was hit by the Honda, causing him to roll onto the hood and hit the windshield. The car traveled 100 feet or more before the man fell off the car.

The man was airlifted by a medical air evacuation helicopter to Memorial Medical Center in Savannah where he was pronounced dead at 6:47 a.m.

Authorities have not filed charges against the driver of the Honda CRV.

PEDESTRIAN SAFETY TIPS

When a tragic, preventable accident like this occurs, it serves as a wakeup call to pedestrians and drivers to take responsibility for road and highway safety.

Drivers and pedestrians should be particularly careful between the hours of 8 p.m. and 11:59 p.m., as 32 percent of pedestrian fatalities occur during this time, according to the National Highway Traffic Safety Administration.

Here are five tips for pedestrians to increase their visibility and minimize fatalities:

  • Wear clothing that is easy to see – Wear bright colors during daylight hours and reflective, lighter colored clothing after dark.
  • Never assume – Do not expect that drivers will make eye contact with you and stop their vehicles.
  • Use sidewalks when available – If there are no sidewalks, walk on the opposite side of the road facing traffic to increase visibility.
  • Put electronic devices and cellphones away – When crossing the street, it is imperative you pay full attention to the task of crossing safely and keep your eyes on what is going on around you.
  • Limit alcohol consumption – If you know you will be walking home after a night of drinking alcohol, do not drink to the point of impairment. Alcohol is a factor in almost half of fatal pedestrian accidents, with pedestrians being the impaired ones 34 percent of the time.

If you or a loved one has been injured or killed in a pedestrian accident, contact a Savannah personal injury attorney at The Nye Law Group to schedule your free consultation. We are firmly committed to obtaining the maximum compensation and justice you deserve.

Why You Need An Experienced Personal Injury Attorney After An Accident

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The period following a serious accident can be overwhelming. Not only are you dealing with physical pain and limitations, but medical bills are piling up and law enforcement officers and insurance companies are bombarding you with questions.

It is important to know your legal rights during this difficult time, and that is why you should contact the skilled personal injury attorneys from The Nye Law Group. We can help guide you through this difficult time by:

  • Assessing legal claims. We will carefully review the details of your accident and inform you if it is worth your time to pursue a legal case, or if you are unlikely to be successful.
  • Working with experts. We have access to a variety of experts who can help us build a strong case that gives you the best chance at recovering maximum compensation.
  • Alternative dispute resolution. Our experienced personal injury attorneys know when alternative dispute resolutions may be advantageous, saving money and time. Alternative dispute resolutions include arbitration and mediation.
  • Working with insurance companies. After an accident, insurance companies utilize pressure and other tactics in attempts to get you to settle for low amounts. We have years of experience dealing with insurers and will not buckle in their pursuit of a fair settlement for your injuries.
  • Maximizing settlements. We are tough, skilled negotiators who will not settle for less compensation than you are entitled.
  • Maximizing jury verdicts. Should your case go to trial, we are fully prepared to provide aggressive representation to defend your best interests. We will have a detailed strategy for maximizing the compensation awarded by a jury.

If you have been injured in an accident, put our years of experience to work for you. The Nye Law Group’s personal injury lawyers will fight to maximize compensation and gain the justice you deserve.

Call 855-856-4212 or complete our Free Case Evaluation now.

10 Steps To Protect Your Legal Rights After a Car Accident

More than six million automobile accidents take place in the U.S. each year. Of these accidents, one in three result in a personal injury and one in five result in fatalities.

If you are ever in a car accident, you should take these 10 steps to protect your legal rights after the crash.

Free Way Car Accident
  1. Stay at the accident scene. Never leave, no matter how minor the collision.
  2. Protect and prevent additional damage. Turn your hazard lights on to signal other vehicles to steer clear. If your lights do not work, use a flashlight to increase your visibility.
  3. Notify law enforcement. It is always smart to get a police report, even if you were not injured. Some insurance providers require it when making a claim for vehicle damage.
  4. Maintain accuracy. Tell the officer exactly what you experienced. If you do not know the answer to a question, tell the officer that you do not know. Listen to the statements of other parties involved to ensure accurate reporting.
  5. Photograph the accident scene. Using your camera or a cellphone camera, take pictures of the accident scene, including the vehicles and their damage, any injuries, the roadway conditions, and other pertinent details.
  6. Gather contact information. If not provided by a law enforcement officer, gather the contact details of the other driver involved in the accident, as well as any passengers. Request their insurance information and ask to see a valid insurance card. If there were witnesses to your accident, collect their names and contact information; your attorney may wish to contact them at a later date.
  7. Report the accident to your insurer. Notify your insurance provider of the accident and determine if you have coverage for medical bills.
  8. Obtain medical care for your injuries. Visit your doctor or an emergency room even if pain and other symptoms are not immediately present.
  9. Collect information. Keep accident reports, contact information and medical bills in an easily-accessible spot for your convenience.
  10. Contact a lawyer. An experienced Savannah car accident attorney will work to protect your rights and fight for your best interests following an accident. They will advise you regarding legal action and help you navigate the process of filing a legal claim.

The personal injury attorneys at The Nye Law Group will evaluate your claim for free and aggressively pursue any compensation you are entitled.

Call 855-856-4212 or complete our Free Case Evaluation now.

In Georgia, “Can I Get Out of Jail Earlier Than Sentenced?”

All my clients looking at jail time ask me “can I get out of jail earlier than sentenced.” The answer is yes based off the parole system. For more serious crimes and repeat offenders, courts generally sentence defendants to what are known as split sentences. For example, a defendant can be sentenced to a 20 years sentence with 10 years to “serve” in jail. That means that the defendant has 10 years to serve in jail, followed by 10 years of probation. Contact one of our experienced Savannah criminal defense attorneys for more information and a free consultation.

Defendants can get out jail early, however, under the parole system. O.C.G.A. §42-9-45 is the general statute in Georgia controlling parole. Here are the General Rules:

-Sentences Under 21 Years: parole eligible after serving 1/3 of sentence or 9 months (whichever is greater).

-Sentences 21 Years or Greater: parole eligible after 7 years.

Here are the exceptions to the statutory general rules noted above:

-First Offender Sentences: if your Defense Attorney asks, and the sentencing judge grants the request, a defendant may be IMMEDIATELY eligible for parole pursuant §O.C.G.A. 17-10-1(b) if sentenced under the Georgia’s First Offenders Act REGARDLESS of length of sentence of imprisonment.

-Serious Violent Felonies Pursuant OCGA 17-10.6.1: the seven deadly sins (murder, felony murder, armed robbery, kidnapping, rape, aggravated assault, aggravated child molestation, aggravated sodomy, and aggravated sexual battery) sentenced after July 31, 1994 ARE NOT ELIGIBLE FOR PAROLE. There are other crimes not eligible for parole as well not listed here.

-Life Sentences: January 1, 1995 and June 30, 2006 sentences are eligible for parole after 14 years; and sentences after June 30, 2006 are eligible for parole after 30 years. If parole denied, a next look is within 8 years.

-Repeat Offenders/Recidivists (O.C.G.A. §17-10-7): those sentenced to serious violent felonies with prior convictions for serious violent felonies MUST be sentenced to life without parole. For fourth time offenders: sentence MUST be the maximum allowed for offense without parole.

Here are some exceptions to the exceptions which are rules that have been established by the Georgia Parole Board Authority (O.C.G.A. §42-9-45(c):

– Crime Severity Level 4 or Less: may be considered for parole before serving 1/3 of sentences. Crime severity chart is at:

-Sentences 2 Years of Less: these cases are generally fast tracked by the parole board and generally qualify for special early release programs like RDAP (Residential Drug Abuse Program) and SIP (Strategic Intervention Programs).

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CONVENIENT LOCATIONS Throughout the Southeast

402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions

402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230