Gammon, McFall & Villarreal Cedartown Georgia Personal Injury Attorney | Rome GA Car Truck Accident Lawyer | Polk County Divorce Law Firm2024-02-27T13:36:22Zhttps://www.gmvlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1203846/2019/08/apple-touch-icon-75x75.pngOn Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=486032024-01-23T11:02:48Z2024-01-26T11:01:58ZIncident documentation
The foundation of any premises liability case is a comprehensive documentation of the incident. Begin by gathering incident reports filed by the property owner or security personnel, if such reports are available. This documentation should include details such as the time, date and location, along with any evidence of negligence or inadequate security measures.
Surveillance footage
Surveillance footage can be a powerful piece of evidence in premises liability cases. Obtain any available video recordings from the property's security cameras. This visual evidence can provide a clear depiction of the events leading to the injury, showcasing any lapses in security that contributed to the incident.
Witness statements
Collect statements from witnesses who observed the incident or can attest to the inadequate security conditions. Eyewitness accounts add credibility to the case and can offer unique perspectives on the events that unfolded. Ensure that witness statements have sufficient details and contact information for further legal proceedings.
Property maintenance records
Inadequate security often stems from neglect in maintaining the property. Obtain records related to the property's maintenance, highlighting any lapses in security measures. This may include evidence of malfunctioning security systems, broken locks or poorly lit areas.
Prior incidents and security history
Investigate the property's history for prior incidents of a similar nature. If the property has a track record of inadequate security leading to injuries, it strengthens the case for negligence.
Police reports and criminal activity
In cases where injuries result from criminal activity, obtain police reports related to the incident. For example, Georgia has about 2.79 cases of assault per 1,000 people and 0.44 cases of robbery.
Highlight any criminal history associated with the property, emphasizing the need for improved security measures to prevent foreseeable harm.
By presenting a comprehensive overview of the inadequate security conditions, victims increase their chances of seeking justice and holding property owners accountable for maintaining a safe environment.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485972023-11-27T06:26:45Z2023-11-30T06:26:10ZUnderstanding methamphetamine charges
Methamphetamine is a highly addictive stimulant that can lead to severe legal consequences for a person associated with its possession, manufacturing or distribution. Georgia law takes a firm stance against the illegal use of meth, and those facing charges must prepare for the legal process that follows.
Possession charges
If found in possession of meth, the legal repercussions can be severe. Penalties vary based on factors such as the amount of meth involved and any prior criminal record. Convictions may result in fines, mandatory drug treatment programs, and even imprisonment.
Manufacturing and distribution charges
Under Georgia law, engaging in the production or distribution of methamphetamine is a serious offense. The consequences for these charges are typically more severe than possession charges, often leading to lengthy prison sentences and substantial fines.
Potential defenses
While the legal landscape may seem challenging, it is important to explore potential defenses. This may include questioning the validity of the search or the evidence presented. An understanding of possible defenses can be an important aspect of navigating the legal process.
Drugs play a key factor in 1.16 million arrests in the nation, but not every case has the same outcome. Developing a solid defense may result in a more favorable outcome.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485822023-10-02T14:26:41Z2023-10-02T06:14:58ZUnderstanding temporary protective orders
Temporary protective orders come from the court and help to protect one party from harm or harassment by another party. They are common in cases of domestic violence.
Navigating family law matters with a TPO
A TPO is a legally binding order, and it is essential everyone abides by its terms. This typically means refraining from any contact with the protected party, whether in person, by phone or through third parties. If you need to communicate with the other party regarding family law matters, do so through your legal representatives. Both parties should keep detailed records of any communication, incidents or interactions related to the family law matter.
If child custody or visitation is a concern, the court may address these issues separately from the TPO. The judge will work to find a solution that prioritizes the child's best interests.
Modifying or lifting the TPO
If either party believes the TPO is no longer necessary or wants a modification, they can request a hearing. They will need to provide evidence and a compelling argument for the modification or lifting of the order.
Navigating family law matters when a temporary restraining order is in place can be challenging, but both parties must prioritize compliance with the TPO. Only the court can make changes or grant permissions that could go against the order.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485642023-07-28T06:29:27Z2023-08-02T06:28:58ZUse of field sobriety tests
There are three standardized field sobriety tests used in Georgia:
The one-leg stand test requires you to lift one foot six inches off the ground and balance on the other for 30 seconds.
The horizontal gaze nystagmus test entails following an object with your eyes and without turning your head.
The walk-and-turn test involves walking heel-to-toe for nine steps and turning around to repeat the process.
Officers have a level of discretion in scoring these tests, which leaves them open to misinterpretation. For example, certain health conditions could make standing on one leg or walking a straight line difficult, even when the person is completely sober.
What happens if you refuse
Refusing to submit to field sobriety testing will not result in the suspension of your license. Unless the stop occurs at a sobriety checkpoint, the police must have reasonable cause to pull you over. They often use field sobriety tests to establish probable cause. Because Georgia is an implied consent state, they will likely still ask you to take a chemical test. Refusal can result in an arrest and the suspension of your license for a year.
The best course of action is to politely decline field sobriety testing and comply if the police arrest you. Remember, a DUI charge is not an automatic conviction, and you will still have a court date.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485632023-05-23T08:17:04Z2023-05-26T08:16:28ZWhy do insurance companies offer settlements?
It will probably surprise you to receive a settlement offer quickly from an insurance company. However, they do this to try to catch you before you realize the full extent of your losses, so you take a lower offer.
What should you do if you have an offer?
Obviously, you are probably going to want the money from a quick settlement. However, you should never accept an offer until you have a professional review it.
When should you accept the offer?
Only accept an offer once your doctor has released you from your treatment. You will not know the extent of your injuries and medical care costs until you have finished treatment. Additionally, after your doctor releases you, you may have a permanent impairment rating, which will increase the amount the insurance company owes you.
What are delay tactics?
On the other hand, some insurance companies, such as workers' compensation providers, can do the exact opposite of a settlement. They can ignore your claim or delay it. Often, they will do this so you will get to a point where you need the money and are willing to accept a lower settlement amount.
Take the time to negotiate your case. After all, you deserve complete compensation for your losses due to an injury.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485622023-03-24T10:02:00Z2023-03-29T10:00:27Zworkers’ compensation claims receive approval from the insurance company. These are some reasons for claim denials.
Some of the blame falls on the claimant
If a worker does not follow safety protocols, comes to work under the influence or acts in an unprofessional manner, an insurance company may find that the injury was in part the claimant’s fault. This includes joking or horsing around in the workplace. The company may deny a claim if the employee received an injury during a break or when he or she was not actively working as well.
The employer does not agree
An employer may outright deny an injury occurred, but in most cases, companies dispute the way, time or location of the incident. Claim paperwork needs to align exactly with any report made to the employer. In addition, the employer may have witnesses that dispute the information in the report.
Preexisting conditions or previous claims
If employees submitted previous claims for the same or a similar injury, even if they received a new injury in that area, they may receive a denial. In addition, if the employee had a preexisting condition and the injury is near, in the same area or otherwise connected, a denial may occur.
Inappropriate or no medical treatment
Most insurance companies require that claimants use authorized medical centers and providers. In addition, they tend to deny claims for individuals who did not seek medical attention.
Injured employees need strong foundations for their workers’ compensation claims, which require immediate reporting of any injury to their employers followed by submitting a claim before the deadline.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485602023-01-24T09:28:48Z2023-01-27T09:26:44ZGeorgia's civil code states that property owners are directly liable for any damages or injuries a person sustains due to their failures in keeping the premises safe. By understanding more about what types of injuries fall under premises liability laws, you can take the correct steps in holding property owners accountable.
What types of injuries fall under premises liability?
Premises liability claims can pertain to a wide variety of injuries, including those resulting from structural damage, insufficient security and swimming pool accidents. However, slip-and-fall accidents are among the most common sources of injuries in public businesses and hotels. Spills, upturned carpeting and icy walkways in winter months are all examples of hazardous conditions for which a property owner is responsible.
How can you hold property owners accountable?
It is worth noting that property owners and staff members must have ample time and opportunity to correct a potentially dangerous situation before the law considers them to be liable. Even so, it is possible to seek compensation by filing a premises liability claim and working with your legal team to prove that your injury is the result of negligence on behalf of the property owner.
Slip-and-falls and other accidents that commonly occur on a business property can be more perilous than what most people expect. If you experience a premises liability accident that necessitates medical treatment, it is important to secure the financial compensation you deserve.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485582022-11-15T22:47:28Z2022-11-18T11:00:04ZRemain calm
Remaining calm is the most important thing you can do after an accident. You can assess your injuries by remaining calm and speaking to the other party without arguing.
Stay safe
Make sure you are in a safe place and can exit your vehicle. If the accident is minor, you should move your vehicles out of the road. If this is not possible, call the authorities immediately.
Put your car in park or engage the parking brake. Then turn your vehicle off and put your hazard lights on. This will help surrounding vehicles know that there is a problem.
If the accident is severe, do not attempt to move or leave your car. Moving or standing may make your injuries worse.
Call for help
Call the police. If you are at all unsure about your injuries, request an ambulance.
Exchange information
Without admitting any fault, exchange insurance information, names and contact information. Never sign anything unless your insurance agent or a police officer asks you to. Read everything and anything they give you to sign.
During this exchange, take pictures of both vehicles. Your insurance company will want them later.
With millions of car accidents happening every year, remaining calm and knowing what to do can save you time and money.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=485552022-09-21T23:27:48Z2022-09-23T11:00:15ZSlip and fall injuries
Slip and fall injuries are some of the most common workplace injuries. They are particularly common in factory settings, as well as construction settings. Additionally, they can be caused by unmarked spills or wet areas on the floor. Paying attention to signage and practicing caution around areas that appear slippery can help you avoid slipping.
Repetitive stress injuries
Another form of common workplace injury is a repetitive stress injury or RSI. These kinds of injuries occur when you perform the same task or motion over and over until you sustain an injury. One example of this is carpel tunnel, which can be a result of typing frequently. Tennis elbow can be another example of this, as can back pain. Injuries from repetitive stress can seemingly come out of nowhere, or they can build up over time. Paying attention to any new or recurring pain that you feel can help you to address your injuries in a timely manner.
Getting injured at work can cause many problems. Not only can it be hard on you physically, but it may also cause emotional stress as well as financial issues while you are waiting to receive workers' compensation. By taking steps to protect yourself you can help avoid injury.]]>On Behalf of Gammon, McFall & Villarrealhttps://www.gmvlawfirm.com/?p=479802022-08-03T07:16:03Z2022-07-29T11:00:41ZGeorgia Department of Driver Services, motorcyclists represent a disproportionate share of traffic fatalities.
See below for some motorcycle safety tips to protect yourself on the road. Even if you already do a great job, you can always try to improve your driving habits.
Always plan for the weather
This is an easy one that every rider should know. The weather is one of the most significant causes of accidents that do not involve other vehicles. Riding in good weather conditions is especially important if you go out alone.
Educate yourself
Though not the most exciting prospect, a safety course might help you know how to react during unpredictable situations. Investing in your safety is always a good idea, so look up a good motorcycle safety course near you.
Invest in gear
Proper gear can significantly reduce the injuries you suffer if the worst should happen. Always check to ensure the equipment you wear is Georgia DOT approved and create multiple layers of protection that you can adjust according to the weather.
Check your bike every time
Finally, create an inspection checklist and go over it every time before you drive. You see a lot of passenger vehicles on the road that are poorly maintained. This is not an option for motorcyclists. Check all the essentials before hitting the road every time.
You cannot always prevent unexpected accidents. However, you can put yourself in the best possible position to handle worst-case scenarios and avoid potential damage and suffering.]]>