Davis, Chapman, & Wilder

Blog

All Criminal Law Personal Injury Family Law Blog Legal Advice Attorneys DUI Charges Juvenile Crimes Traffic Offenses Davis, Chapman, & Wilder Service Drug Charges
in Blog

How Do Two-Wheeled Vehicle Accidents Differ from Regular Car Accident Claims?

Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident. How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims Extreme Injuries A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders. The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents. Differences in Insurance Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly. Differences in Fault Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault. In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. Insurer Resistance Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries. Talk to a Motorcycle Accident Lawyer If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation.

Read More

Can Divorce Disputes Be Resolved Without Going to Trial?

Here in Georgia, couples who want to divorce can get a mediation lawyer and go through a more amicable process than taking things all the way to trial in the Augusta, GA courts. You're allowed under the law to resolve every disputed issue in a divorce without a trial, and most cases do actually end that way. When a Trial Is Required A trial is required only if there are issues that remain contested when the case is called before the court. The judge may refer all contested divorce petitions for divorce or permanent alimony to an appropriate alternative dispute resolution (ADR) method before holding the trial if the trial is held in a county where there's a court-annexed ADR program already in place. In counties where there aren't, the judge may still refer a disputed case if a method is reasonably available and wouldn't add a lot of cost. When There's Perfect Agreement For some couples, the right move forward is an uncontested filing. This is where the spouses already agree on how to divide their property and debts, what alimony there will be, custody and parenting time issues, and all issues of child support. The couple will still need to submit a written settlement agreement for the court to review and incorporate into the decree, and the court will still need to find that the agreement is fair, particularly in the issues of property division, alimony, and child support. Even if you and your spouse believe you agree completely, it's important to talk with a lawyer who can help you work through your agreement and ensure the court will find it appropriate. When There's Room for Compromise Even if you and your spouse don't yet perfectly agree, if your attitude is positive towards compromise and cooperation, you can still get things done through negotiations and mediation. In fact, the courts will encourage you to keep trying this, and you can convert a contested case into an uncontested one at any point before trial. Mediation In mediation, a neutral facilitator helps the parties reach a voluntary agreement. The mediator has no power to impose terms, and the settlement itself is voluntary. If you engage in a few good-faith sessions but can't produce an agreement, the petition will go to trial. Collaborative Divorce This is a private process in which both spouses and their individual legal counsel commit to settling outside court by signing what's known as a Participation Agreement. The parties also all agree that, if the process fails, the lawyers will withdraw so new counsel can litigate the case in court. This process typically takes three to six months, and it can't be stopped except by actually breaking the agreement entirely. It's important to understand that the Settlement Agreement as a binding contract once it is incorporated into the divorce decree. Contact a Mediation Lawyer in Augusta, GA If you're interested in a divorce that is less contentious, cheaper, and faster, mediation or another ADR method could be the answer. To find out if this is a good fit for your case, talk to Davis, Chapman, & Wilder today to request a consultation.

How Is Compensation Determined for Accident-Related Injuries?

do the same for this blog: After an accident leaves you hurt, figuring out what money you can recover can be a pressing issue as those medical bills pile up and you're forced to take time away from work. Talk with a personal injury attorney in Georgia. We can review those details, build the claim for you, and work to get you everything you're entitled to under the law. One of the key jobs of your lawyer is to help you determine how much compensation you need to be asking for. How a Personal Injury Attorney in Georgia Determines Your Compensation Demand Actual Costs The first step is calculating all costs you have already paid and the ones you know are still coming. Medical bills form a large part of this, and you should get your bills and every record from the emergency visit, hospital stay, follow-up appointments, physical therapy, prescriptions, and any projected future care your doctors expect. The next costs your lawyer will look at will be what you've lost in wages or salary as you've been recovering. You'll need to be able to document the pay you missed, of course, and bear in mind that your compensation here should include overtime, bonuses, or benefits you've missed out on. If you now have a reduced ability to earn the same income going forward, you can claim for this, too. The final “actual cost” is usually property damage, often to a vehicle or a mobile phone or computer damaged in an accident. These are all economic losses that can be proven with paper and numbers. Pain and Suffering Non-economic losses, often called “pain-and-suffering damages,” cover the pain, physical discomfort, and emotional strain you've experienced, and these do not come with a receipt. Georgia leaves the value of these to the “enlightened conscience of impartial jurors” when a case reaches trial. In settlement talks, the parties often start with a multiplier applied to the total of your actual costs or a daily rate applied to the entire period of suffering, based on how severe and lasting the injuries are. These can be tricky to calculate, so having a lawyer is extremely helpful here. Comparative Negligence If you share some responsibility for the accident, Georgia law mandates that your claim be reduced by your percentage of fault. You can't recover anything if your share of the blame is 50% or more. Your lawyer will make sure you're not saddled with blame you don't deserve, work to prove the liability of the responsible party, and minimize the effect of your actual liability as much as possible under the law. If you have been injured in an accident and need to understand what compensation is available or how to properly calculate what you're owed, contact us at the law office of Davis, Chapman, & Wilder in Augusta, GA to request a consultation. Our goal is to provide consistent and exemplary representation to each client because we understand that you're coming to us in a time of great personal distress. Call now at 706-200-1578 for help.

What Protections Exist for Minors Facing Legal Trouble?

When your child is facing legal trouble, the juvenile justice system in Georgia provides important protections that are aimed at achieving rehabilitation rather than just doling out punishment. In the Augusta-Richmond County metropolitan area, a juvenile defense lawyer can help you discover all the options for your child and protect them and their future. Augusta-Richmond County Metropolitan Area Protections for Minors The juvenile justice system operates differently than adult criminal courts, with a focus on care, guidance, and rehabilitation. The goal is to support a young person's overall welfare while also protecting the community and promoting accountability. The court is also interested in strengthening family relationships as much as possible and is committed to intervening only when necessary. Finally, and above all, the child's best interests must be the central factor in court decisions. This means: No Unexplained, Extended Detention Georgia's Department of Juvenile Justice protects children against extended detention without a review. When a minor is taken into custody without a warrant, a probable cause hearing must occur within 48 hours. A detention hearing follows that within 72 hours to determine whether continued holding is necessary. At these hearings, you have the chance to argue for release under conditions, such as keeping your child under a curfew or supervision. Confidentiality Juvenile court proceedings are generally closed to the public, and records in these courts get special handling to limit the stigma that could follow a child and affect their schooling, job opportunities, or housing later. Georgia law also includes avenues for restricting the records entirely once certain conditions, such as a period of good behavior or demonstrated rehabilitation, are met. Sentencing Limits The U.S. Supreme Court has ruled that juveniles cannot receive the death penalty, that life without parole is unconstitutional for non-homicide offenses committed by minors, and that even in homicide cases, mandatory life-without-parole sentences violate the Eighth Amendment. Instead, courts must openly consider the offender's youth and potential for rehabilitation. Alternatives to Court The juvenile system allows for several alternatives to formal court involvement. Intake officers can recommend diversion, informal adjustment, or consent decrees that let a minor complete counseling, community service, or other requirements. This allows them to experience some consequences and get help and rehabilitation without having an actual record. Parental Rights and Your Juvenile Defense Lawyer Parents or guardians are entitled to prompt notification if their child is taken into custody, and they can always participate in hearings and defense planning. An experienced attorney who knows the local courts can make sure every protection gets raised at the proper moment. From the initial police contact through intake, detention hearings, adjudication, and disposition, your legal counsel can review the evidence, advocate for diversion, challenge unnecessary detention, and present a complete picture of your child's life to the judge. We can help you see how these protections might apply to your child's case and what steps make sense next. Reach out to the law firm of Davis, Chapman, & Wilder, LLC in Augusta now to request a consultation.

When Is It Possible to Change Child Support Payments?

Child support orders in Augusta, GA are not permanent. They can be adjusted whenever you can show that a substantial change in circumstances has occurred since the order was entered or last modified. However, Georgia family law controls this process and sets the terms for how and when you can make these kinds of changes. A "Substantial" Change The law requires that something substantial have taken place to make a change to your orders. Usually, this will be something that has significant and continuing effects upon either parent's ability to pay or the child's financial needs. The courts and the Division of Child Support Services will want to see evidence of the real impact this change has had, and you must prove the change with actual records, not just descriptions. Common Examples: Involuntary loss of income of 25% or more Loss of job when an employer shuts down operations or a serious long-term illness or accident stops someone from working for over a year Starting to receive TANF benefits or receiving an unexpected windfall, like an inheritance Development of a serious medical condition by either parent or the child New unexpected expenses for schooling or other child needs Change in living arrangements What's Not a Substantial Change If you or the other parent have voluntarily quit a steady job for a lower-paying one or switched to part-time work when full-time opportunities exist, this generally won't count, even if your income has gone down significantly. New expenses like having another child, buying a home, or taking on debt usually won't count, either, since these are all free choices that should have been made by accommodating the order that was already in place. General increases in living costs may or may not allow you to make an adjustment: it depends on the situation. If the cost of living generally has gone up substantially, but your income has not, the court may agree to hear the case for making a change. But if your cost of living has gone up because you've made choices you didn't have to, they likely won't. How Custody Affects Things A meaningful increase or decrease in actual parenting time, compared to the court order, may support a petition to do a recalculation of child support. These issues sometimes run alongside a support modification, though separate filings may still be required, depending on the details. Working With a Family Law Attorney An attorney can help you review your request and give you sound advice about whether it's likely to meet the threshold and be accepted. Then, your attorney will prepare the paperwork and argue the case. Your attorney represents you and your interests at the hearing, where the judge decides first whether the change meets the legal threshold and then applies the guidelines to set any revised amount. For help with your custody or support issue, contact Davis, Chapman, & Wilder in Augusta, GA today. As a leading local law firm, we've been voted 10 Best Law Firms for Customer Satisfaction by the Institute of Family Law Attorneys, and we have more than 30 years of experience helping the families of Georgia during the toughest times of life.

How Can Parents Create Effective Co-Parenting Plans?

Separation or divorce is challenging for any family, but if both parents are committed to the best interests of their kids, then creating an effective co-parenting plan is absolutely possible. It can provide the structure your children need during this transition, and a child custody lawyer experienced in family law can help you build a plan that fits your family's needs and will pass muster with the courts. How to Build an Effective Co-Parenting Plan The Child's Best Interest Your first job is to keep every decision centered on what helps your child feel loved and stable and will contribute best to their ability to thrive for the long term. Start by sitting down, together or even separately at first, and listing what your child's daily life looks like right now. Here are some things to consider: School start times Bedtime routines Favorite activities Doctor visits (Who usually takes them?) Homework help (Who usually helps them?) Diet (Who usually feeds them? Who shops?) Write these details out so you can build a schedule around your child as much as possible instead of forcing big changes onto them. This simple step prevents confusion and helps your child keep the same friends, teachers, and basic rhythm of life as much as possible. Weekly Schedule Next, create a clear weekly schedule that shows exactly when your child will be with each of you. Include regular weekdays, weekends, and overnights (you'll figure in holidays and breaks later: at first, just plan for "normal.") Factor in your work hours and your child's age, too, because younger kids often need shorter stretches away from their primary home at first, while older children can handle longer visits. Put the schedule in writing and post copies in both homes. This not only reduces the possibility of arguments between you and your spouse but also gives your child something reliable to count on. Plan for the Abnormal Holidays, school breaks, and vacations need to be planned for, too. Decide in advance who gets Christmas Eve, Thanksgiving, the first week of summer, etc, and remember that you can make this plan truly yours if you can agree and show it's in your child's best interest. Maybe you want to rotate through all the big holidays each year, or maybe you would like to have your child with one parent for all major holidays one year and with the other parent the next year. Think about birthdays, long weekends, and your child's relationship with grandparents, uncles and aunts, and cousins on both sides of the family. Major Decisions Spell out who will handle healthcare choices, both routine and major; school enrollment; religious activities; and extracurriculars. Some parents split these areas entirely, while others set some basic ground rules and then agree to discuss everything else important. Day-to-day choices, like bedtime or screen time, can usually stay with whichever parent has the child at the time, but the overall routine should be as close to the same as possible in both homes. Talk to a Child Custody Lawyer Call us today at Davis, Chapman, & Wilder, LLC in Augusta, GA to request a consultation. We offer compassionate help, and we can assist you in developing a plan that the courts will approve, your family can live with, and that's in the best interests of your child.

What Are Effective Strategies Against Drug-Related Accusations?

Drug-related accusations can be very intimidating to face, but with an experienced drug crimes attorney helping you, you'll find there are effective criminal defense strategies that can protect your rights and give you a clear path forward. Common Criminal Defense Strategies Improper Search and Seizure If the police didn't do things right when they searched you or your property, your lawyer can file a motion to suppress any evidence they found. The police must have had: Your permission to search A valid warrant Probable cause that a crime had been committed If they didn't have at least one of those three things, then their search wasn't legal, and, in practice, this often means the entire case collapses because prosecutors lose the drugs, paraphernalia, or statements that they planned to use against you. Your lawyer will dig into the timeline and force the state to prove that every step they took was lawful. Challenges to the Evidence Forensic labs have protocols they must follow for handling, testing, and storing drug evidence. But they make mistakes, as we all do, and if they do, your lawyer can use this. Sometimes samples get mislabeled, something gets contaminated, or calibration records are off. Your lawyer can challenge the reliability of the testing process itself sometimes, too, and if the state cannot prove the substance they're using against you in court was the exact drug they say they took from you, and show that it remained in an unbroken chain of evidence from seizure to analysis, there's room for reasonable doubt. Questions About Possession Many accusations rest on the claim that you “controlled” the drugs. But if the police found the drugs in a shared car, house, or backpack, that's not enough just to claim. The prosecutor has to actually show that you knew the drugs were there and had the power to exercise control over them. Diversion and Negotiation If the facts are locked down and can't be contested, then your lawyer may be able to defend you by negotiating on your behalf. For example, you might be eligible for a diversion program. If you are, and if you successfully complete it, you could keep a conviction off your record entirely. Plea negotiations could also help. Prosecutors in our state have plenty to do and limited lab resources. When your lawyer presents strong arguments that show it won't be simple and easy for them to prove the charge they're bringing, the state often agrees to reduce the charges or recommend probation instead of prison. Calling in Experts An experienced lawyer knows which expert witnesses to call in. Toxicologists, for example, can explain how field tests sometimes produce false positives or how prescription medications can interfere with your drug screening. Medical professionals can testify that you had a legitimate prescription or that the quantity involved was consistent with personal use. Talk to a Drug Crimes Attorney Now If you are facing drug-related accusations, contact us at Davis, Chapman, & Wilder in Augusta, GA now. The sooner we get started on your case, the more likely it is we can get a good result for your defense.

How to Build a Strong Criminal Defense for Serious Charges

Serious felony cases are highly fact-specific, and the outcome will always depend on the unique details of your situation. That said, the more evidence the prosecution has, all things being equal, the harder it is to mount a defense. Your best defense is always to avoid giving them anything they can use against you and talk to a criminal defense lawyer in Augusta, GA as soon as you are charged. How to Build a Strong Criminal Defense for Serious Charges 1. Exercise Your Right to Silence The single most important step you can take is to stop talking to law enforcement, prosecutors, or anyone else about your case (except your lawyer). Invoke your Miranda rights and request an attorney. Anything you say can be used against you and absolutely will be. DO NOT believe the police or the prosecution if they suggest you could clear everything up quickly by just telling them what they want to know. You will be shocked later at how they can twist your words. 2. Hire an Experienced Attorney Right Away Hire a criminal defense lawyer who focuses on serious criminal charges and who has experience here in Georgia. Look for attorneys with: Extensive trial experience in Georgia Superior Courts Knowledge of local prosecutors, judges, and practices in your circuit A track record of success with similar charges This is your life and freedom on the line, so don't be tempted to represent yourself or rely on general online advice. If you're convicted on serious charges, you could spend years or even life in prison, be on the hook for massive fines, lose your voting rights or firearms rights, end up on a sex-offender registration (in some cases), and have to battle against lifelong barriers to employment, housing, and licensing. 3. Be Completely Honest with Your Attorney Share every detail, no matter how uncomfortable you feel. Your lawyer cannot build the best strategy without the full picture, and your lawyer is obligated by law and professional ethics to keep what you say confidential and always act in your best interests. 4. Gather and Preserve Evidence Immediately While your attorney investigates your situation, you can help by writing down a detailed timeline of all the events. Be sure to date this and keep it private: only your attorney should have this. Also, collect all texts, emails, receipts, videos, photos, GPS data, or social media posts that could support your version of the events. Once you've done that, stop talking online. Don't send texts, emails, phone messages, or social media posts about your case. 5. Let Your Attorney Develop and Execute a Strong Defense Strategy One of the best things you can do to defend yourself is let your attorney do their job. An experienced lawyer will file pre-trial motions and knows how to challenge the prosecution's evidence chain, witness credibility, or forensic reliability. All this and more can then be used to negotiate with the district attorney for reduced charges or a favorable plea. If a plea isn't possible, your lawyer will carefully prepare for trial so they're ready to present your evidence and create reasonable doubt about the prosecution's story. The sooner your attorney gets started, the better. Call us now at Davis, Chapman, & Wilder in Augusta at 706-200-1578. We know the local courts and prosecutors, and our goal is always to protect you.

Are Juvenile Records Sealed?

In the Augusta-Richmond County metropolitan area, teens are "adjudicated delinquent" rather than convicted of crimes. Although they're not convicted of a crime, being adjudicated delinquent can still cause issues down the road for a young person's educational prospects, ability to rent housing, job prospects, and more. Having a juvenile record sealed can protect a teen, but it's not an automatic process. Are Juvenile Records Sealed? Juvenile records are eligible to be sealed, and it's more likely that a juvenile can have their records sealed than an adult. But there are rules and procedures that have to be followed to get it done. The Rules of Sealing Records A juvenile's record can be sealed automatically only if the court dismisses the petition against them or if the case is handled within an adjustment rather than by finding the juvenile adjudicated delinquent. If the young person is adjudicated delinquent, then they will have to file an application to have the record sealed, and certain conditions have to be met. To be eligible, the young person must be two years past their final discharge of supervision. Since the discharge, they must not have been: Convicted of a felony Adjudicated delinquent again Been convicted of a misdemeanor involving "moral turpitude." Moral turpitude is a somewhat subjective concept, but it basically means an act that is contrary to community standards of honesty and good morals. In addition to the above, there cannot be a pending action against the young person seeking to have their records sealed. The court must also determine to its satisfaction that the young person has been rehabilitated, and ultimately this is up to the discretion of the judge. How to Request Records Be Sealed 1. Talk With a Lawyer and Prepare a Petition It's always best to have a lawyer's help in preparing a petition. A lawyer will understand all the laws and know what the courts are looking for to determine if a young person can be considered rehabilitated. In addition, a lawyer will make sure that all paperwork is properly filed and accurate and represent the family in court. 2. Attend a Hearing Once the court receives the petition, it will set a hearing date and give notice to the prosecuting attorney, any law enforcement agencies that were involved with the young person's records, the authority that granted them discharge, and the Georgia Department of Juvenile Justice. Any or all of these entities may be present for the hearing. At the hearing, the judge is likely to ask questions of the young person and the family, listen to any objections by the prosecutor, and review all the evidence about the young person's conduct since discharge. Contact an Augusta-Richmond County Metropolitan Area Juvenile Law Attorney Right Away The best way to present a strong case for why your teen's record should be sealed is with the help of an experienced attorney. Talk with us today at Davis, Chapman, & Wilder for help anywhere in the Augusta-Richmond County metropolitan area.

What Happens When a Minor Commits a Crime? Key Steps in Juvenile Court

When a minor commits a crime, things are a bit different than with an adult. Juvenile law and juvenile courts in Georgia have their own rules, and if your child has gotten caught up in the system, it's smart to turn to an attorney with specific experience in juvenile legal issues. Key Steps in Juvenile Court Taken into Custody Officers can take your child into custody if they have reasonable grounds to believe the minor committed a delinquent act. It's not always called an “arrest,” though, especially if it's likely to only involve juvenile court. Once in custody, the minor goes to a detention center or gets released to you as a parent or guardian. Police must notify you right away if they detain your child, and if the child is detained without a warrant, a probable cause hearing must take place within 48 hours to check if there's enough reason to hold them. The Intake Process During intake, a court officer reviews the case and will decide if it should move forward formally or get handled another way. There are several options available, including releasing the minor with no further action if the issue seems small enough. The court officer might suggest informal adjustment, like a program where the minor admits their fault and follows certain rules for a few months. If the officer sees a need for more structure, they might file a petition to start formal proceedings. Detention Hearing If the minor stays detained after intake, a detention hearing has to follow within 72 hours for most cases, but up to five days if the minor was arrested with an actual warrant. The judge reviews if the detention is necessary, and, in practice, most minors get released with conditions, like a curfew or no contact with certain people. Formal Proceedings and Petition With a petition filed, the case goes formal. The petition outlines the alleged acts, and if they're detaining your child, they have to file this within 72 hours. If your child is released, then they have 30 days to file it. Then comes arraignment, where the minor enters a plea to admit or deny the charge. Adjudication Hearing This is the trial phase, where the judge decides if the minor committed the act. Prosecutors present evidence, and the defense challenges it. You can call witnesses or submit documents, and your lawyer will help you prepare the right defense for the circumstances. Just as in adult court, the prosecution must prove the minor did the act “beyond reasonable doubt.” But unlike adult court, these hearings are closed. Disposition and Outcomes If your child is found to have done the act, the judge hears recommendations from probation officers, you, and others for consequence options that can range from probation with conditions like community service or therapy to placement in a youth development center. Minors can be committed to the Department of Juvenile Justice for up to five years for very serious cases, but detention is not often this long, and the focus is rehabilitation. Appeals are possible, and your lawyer can tell you more. Get Help With Your Juvenile Law Concern If your family needs help, talk to us today at Davis, Chapman, & Wilder, LLC in Augusta, GA or call us now at 706-200-1578.

How Should I Handle a First-Time Domestic Violence Charge in Georgia?

A domestic violence charge is always serious, even if it's your first time. Talk to an Augusta, GA criminal defense lawyer as soon as you can, and take the following steps to protect yourself as you seek the best outcome. How Should I Handle a First-Time Domestic Violence Charge in Augusta, GA? 1. Hire a Criminal Defense Lawyer Immediately The very first call you make should be to a lawyer, and until your lawyer is by your side, say nothing. Be polite with the police, but don't agree to answer any questions until you've talked to your lawyer. A lawyer will protect you from making any mistakes, investigate what really happened, and then do everything possible to have the charges dismissed and, if that's not possible, lowered. 2. Stay Away From the Victim It doesn't matter if the person making the accusations against you is making the entire thing up: do not contact them. Many people make the mistake of thinking that if they just could talk it out, everything would be better. But until you actually work things out legally, this can only hurt you. 3. Save Everything Keep a careful record of every communication that you have with anyone related to the case. If there were any emails, texts, or phone calls leading up to the incident you're being charged over, keep all of these, as they may show important context that can be used to defend you. As mentioned above, you should not contact the victim, but if the victim contacts you, simply save their communication and show it to your lawyer. 4. Do Not Talk on Social Media Do not discuss your case on social media under any circumstances. Anything you say there can be used against you, and you should always assume that what you say on social media is not private and is likely to get back to the prosecutor's office. 5. Follow All Court Orders If the court has given any restraining orders, you must follow these even if you think they're ridiculous and even if you're completely innocent. It will only harm your case if you do not. Give your attorney the chance to defend you through the proper court procedures. Defenses Your Attorney May Explore With You The precise defense that you bring is always going to depend on the unique circumstances of your case, of course. But there are some common defenses in these cases. Sometimes former romantic partners bring these sorts of accusations to get revenge or win leverage in a custody battle, and it's possible to show that you're being falsely accused. In other cases, your best defense may be a lack of evidence or unreliable testimony. In some cases, it would be appropriate to argue self-defense or the need to defend someone else. And occasionally, the best defense is not related to the incident itself but to the police response, and if you can show that your constitutional rights were violated at that point, the charges may be dropped. If you're being charged, contact us right now at Davis, Chapman, & Wilder in Augusta, GA to get started on a strong defense.

How Do I Prove My Injuries Result Directly From an Accident?

If you bring a claim for personal injury after an auto accident, one of the key things you'll need to do is to prove that your injuries were a direct result of the accident. A personal injury attorney in Augusta, GA can help you find all the evidence you need and put it together to show what truly happened. How Do I Prove My Injuries Result Directly From an Accident? Get Medical Help Quickly The biggest danger to your claim will be a delay between the accident and you getting medical help. There are various reasons that victims choose not to get medical treatment right away. Adrenaline races through the body in an accident, and adrenaline is very good at masking pain. Sometimes, victims are afraid of the medical bills and hope to be able to "tough out" whatever injuries they have. But even if you think you feel pretty good, it's essential to get evaluated as quickly as possible. The longer the delay is between the accident and the time you first get treatment, the easier you make it for the other side to claim that your injuries are unrelated to the accident or not as bad as you claim. Get Your Medical Records When you do get medical help, it's vital to explain to the doctor that you've been in an accident. If the doctors know this, they're going to do a particular kind of examination to look for the typical injuries that result from these accidents, and they'll order specific tests to make sure there aren't hidden injuries, such as internal bleeding. All the records that result from this will be important for showing the link between your injuries and the accident. These records and your doctor's notes may also verify that the personal injury you're suffering is typical of a car accident, and that will be very helpful, too. Evidence From the Scene If you took photos at the scene, hopefully you thought to take pictures of your injuries. The more pictures you have, the better, as these can be matched with your medical records to show that your injuries were directly a result of the accident. Witness testimony is also very important here. Hopefully, you got the contact information of all witnesses from the accident scene, and bear in mind that, even if someone didn't see the accident itself, if they came up on the accident afterward and saw your injuries, that can also be helpful testimony. Get the Police Report The police report should include details of what the officer saw when they arrived on the scene, and this will often have helpful information that can be used to verify that your injuries were caused by the accident. Work Closely With Your Augusta, GA Personal Injury Attorney Finally, it's important to work closely with your lawyer right from the beginning. Your lawyer will do an investigation of the accident if necessary to help verify all the details, and your lawyer will know how to use the evidence to show clearly what happened. For help with your personal injury claim after an accident, reach out to us at Davis, Chapman, & Wilder in Augusta, GA to request a consult.

Injured in a store in Augusta, GA? Learn your legal options for a negligence claim and why it’s vital to contact a personal injury attorney right away.

What Are My Legal Options If I’m Injured in a Negligently Maintained Store?

If you've been injured in a store, you may have options to bring a personal injury claim. However, these claims can be complicated, and it's always best to talk to a personal injury attorney in Augusta, GA to find out if you have a good claim and how to bring it. What Are My Legal Options If I'm Injured in a Negligently Maintained Augusta, GA Store? Talking With a Personal Injury Attorney in Augusta Regardless of the circumstances, you have the right to talk to an attorney, and you should exercise this right even if you're unsure whose fault it was ultimately or if the store was really negligent. An attorney can evaluate the facts of what happened, interview witnesses, look at evidence, and then give you a good idea of whether you have a claim and what its value might be. An Augusta personal injury lawyer will also negotiate for you and can even take your claim to court, if that becomes necessary. Bringing a Personal Injury Claim Stores in Georgia are required to keep their premises in reasonably good shape, and if a store has not done that and you were injured as a consequence, the store would be responsible for your injuries and losses. The key is showing that the store was negligent. To prove that someone is negligent in personal injury, you have to prove that they owed you a duty of care, that they failed to uphold this duty of care, that their failure was the direct cause of your accident, and that this accident caused you verifiable losses and damages. You can still bring a claim against the store for negligence even if you are partially at fault under George's comparative negligence rules. However, if you are more than 50% at fault for the accident, you cannot recover any damages, and if you are less than 50% at fault, you will have your total damages reduced by the same percentage as your fault. Thus, if the insurance company or a jury determines that you're 25% at fault for the accident, you could only recover 75% of your total damages. Things to Know It's important to get a lawyer on your side as quickly as possible. It's not unheard of for store managers or owners to clean things up as quickly as possible after an accident, not just for safety but also to hide evidence of their negligence. Store security camera footage is usually overwritten regularly in order to make space for new recordings, so you want your lawyer to request that footage as quickly as possible to make sure that the evidence is clear. In some cases, your lawyer may even have to subpoena the footage to protect it. You'll also want to help of a lawyer to protect you from any unfair accusations of blame. These are also common as insurance companies seek to minimize the payout they have to make. If you've been injured at a store, contact us right away at Davis, Chapman, & Wilder in Augusta, GA for help with your premises liability claim.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields