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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. more 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. more 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. more 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. more 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. more 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. more 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? more 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. more 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? more 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.

Learn how medical liens affect your personal injury settlement in Augusta, GA. Discover the pros and cons, how they impact your compensation, and why working with an experienced personal injury attorney can help protect your recovery.

How Do Medical Liens Affect My Personal Injury Settlement?

When you've been injured in an accident that is someone else's fault, you can bring a claim to be reimbursed for your losses and damages. Since it can take a while for these claims to go through, it's common to need some help with the medical bills. Talk with a personal injury attorney in Augusta, GA today to find out more about what a medical lien means for your particular case and how to protect yourself. more How Do Medical Liens Affect My Personal Injury Settlement? Medical liens are important because most people simply don't have the money to pay for medical care out-of-pocket. Doctors and hospitals are often willing to provide treatment with a medical lien in place, meaning that they will be paid out of your settlement once it is finalized. Your personal medical insurance company may also pay your bills, but they will put a lien on your settlement, as well. The Pros The most important pro, of course, is that a lien allows you to get the treatment that you need immediately. This means you can get prompt medical help, and getting help quickly is usually key to the most successful outcome. Medical liens are also helpful because it's difficult to settle a personal injury case until you've reached what is called "maximum medical improvement." Since it's hard to speculate about how much treatment might cost or how much treatment might be required, it's preferred for settlements to be arranged only after treatment is concluded whenever possible. Of course, in some situations this is not possible. When your injuries are particularly catastrophic, it can often take years to get to full recovery. Overall, medical liens allow you to get the treatment you need and leave your settlement question to be dealt with later. The Cons (And How Your Augusta, GA Personal Injury Attorney Can Help) The first and primary downside to a lien is that, if you don't win a settlement at all, you still owe money for your medical treatment. It's helpful if you talk to a personal injury lawyer in Augusta as soon as possible after your accident. Your lawyer can give you an idea of the likelihood of winning your claim and can also often connect you with doctors and hospitals who will agree to delay payment until your settlement. Another downside is that you need to calculate for the medical lien. You don't want to be shocked to receive a lot less money than you thought you were going to from a settlement, so make sure you're planning everything carefully with your lawyer. A final downside is that medical providers are not above padding out their bills in this situation and claiming more money than they really deserve. It's absolutely critical that you have a lawyer protecting you so that you don't lose a single dime out of your settlement beyond what your medical provider actually provided or your insurance company actually paid out. For help with your claim and to protect your settlement, contact us at Davis, Chapman, & Wilder in Augusta, GA now.

What If I Was Injured by a Distracted Driver?

Distracted driving is against the law in Georgia, which has had a hands-free law in place since 2018. This law makes it illegal to use a cell phone in any way in your hand or supported by your body while you're behind the wheel of a car: even if stopped at a light. If someone was distracted by their phone and caused an accident, talk to a personal injury lawyer in Augusta, GA about your rights and how to prosecute them under Georgia law. To get compensation from someone, you have to show that they are liable for what happened to you. Liability is determined by showing negligence. Negligence happens when someone has a duty of care towards you and fails in that duty. more Drivers in Georgia are forbidden to drive distracted, and while this particularly applies to cell phone use, it can also apply to other things, like putting on makeup or eating while driving. Any driver who breaks a road rule, including driving distracted, has breached the duty of care that they owe to all other road users and has acted negligently. However there is nuance to this. For one thing, George has a comparative fault rule that acknowledges that more than one person can be negligent in a given situation and fault should be shared. You can only collect from the other driver if you were less than 50% at fault for the accident. So, for example, if you turn out into a road and fail to yield as required, you are still going to be held responsible, even if the driver coming down the road who hit you was distracted by their phone. Proving Negligence With a Personal Injury Lawyer The best thing to do in this situation is to talk to a lawyer as soon as possible. Your lawyer can help you build a case to show the negligence of the other driver and to make sure that you are not given any more fault than you actually deserve. The amount of fault that you are assigned will make a huge difference to your case, since your compensation will be reduced by the same percentage as your fault: and if you are 50% or more at fault, you can collect nothing at all. Insurance companies are very aware of the effect of fault and will do everything they can to blame you for as much as they can. Even a few percentage points of fault that can be transferred to you could mean hundreds or even thousands of dollars that they don't have to pay. A lawyer knows about these tactics and how to negotiate hard against them. Your lawyer will go to bat for you and find and use the evidence needed to prove the negligence of the distracted driver. For help with your distracted driving injury case, contact Davis, Chapman, & Wilder in Augusta, GA today for a consultation.

Can I Recover Lost Wages After an Accident Leaves Me Unable to Work?

If you've been injured by someone else's negligence in an accident, you have the right to recover losses and damages, including your lost wages if you've been prevented from going to work as normal. An Augusta, GA personal injury lawyer can help you figure what wages you've lost accurately and make sure you get everything you are owed from the liable party. To get compensation, you will need to properly calculate your lost wages and be able to show that your time away from work was caused directly by the injuries you sustained in the accident. more Calculating Your Wages It takes experience and evidence to properly calculate what it last wages you were owed. If you're only away from work for a day or two, the calculation can often be done simply by figuring how many hours you missed, but if it goes on much longer than that, you can have difficulties figuring out the precise amount. You'll need to be able to show how many hours you typically worked in a week and that those hours were available to you during the time you were injured. Your lost wages include more than just the wages themselves, however. Your loss wages also include loss commission commissions, bonuses, and even lost opportunity for overtime and promotions. To claim for these, you will need to be able to provide concrete proof of what kind of things were available to you and how the accident affected your ability to access them. For example, if you're claiming that you missed five hours of overtime each week that you were injured, you will need to be able to show that you typically took at least five hours of overtime on most weeks and that your employer would have offered you overtime had you been at work. Proving the Link The next important thing that has to be done is to prove definitively that the reason you were not at work and missed out on your wages and benefits was because of your injuries, and that these injuries were directly caused by the accident you suffered. You'll also need to prove that the accident would not have happened but for the negligence of the other party in order to hold the other party responsible for your losses.Proving all this requires showing that the other party had a duty of care towards you, which they violated, and this violation caused the accident. In other words, but for the other party's action or inaction, the accident would never have happened. Then you need clear medical proof that the injuries you suffered were sustained in that accident, plus you must prove that these injuries did indeed keep you from going to work. Get Help From an Augusta, GA Personal Injury Lawyer You can expect the insurance company to fight you at many points in an attempt to minimize their claims. Contact Davis, Chapman, & Wilder, LLC here in Augusta, GA today for experienced, determined representation to fight for your rights.

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