Step 1: Document the Incident

Documenting includes writing down everything you can remember about the situation: date, time, location, and statements made by daycare staff, witnesses, or other parents. The more specific your record, the more helpful it is as evidence in your case. If your child was physically injured, take photographs of the surroundings and the child’s injury immediately.

Also, be sure to collect any relevant medical records. If your child required medical attention, these records will not only confirm the severity of the injury but also tie the harm to the daycare’s negligence. The more detailed your documentation, the stronger your case will be.

Step 2: Establishing Duty of Care

Daycare centers are responsible for ensuring the safety and well-being of the children in their care. This includes providing appropriate supervision, maintaining safe facilities, and ensuring that staff members are properly trained. In your case, you’ll need to show that the daycare breached this duty by failing to meet these expectations.

Most daycares are legally required to follow specific safety standards set by both state and federal laws. These laws can often provide an easy reference point for demonstrating that the daycare’s actions—or lack thereof—were negligent.

Step 3: Proving Breach of Duty

Breach of duty is usually the most difficult part of the case. You’ll need to show that the daycare failed to act in a way that a reasonable daycare provider would have under similar circumstances. This could include leaving your child unsupervised, failing to check safety equipment, or allowing unsafe items within reach.

Step 4: Causation and Damages

Causation means the daycare’s negligence directly caused harm to your child. You must prove to the court that if the daycare had followed proper procedures, the injury would not have occurred.

You must also prove the damages that resulted from the injury, which can be both economic and non-economic. Economic damages include medical bills, therapy costs, and lost wages if you had to take time off work. Non-economic damages refer to the emotional distress, pain, and suffering your child endured because of the daycare’s actions. Collecting all relevant bills, records, and expert opinions will help demonstrate the full extent of the damages your child has suffered.

Step 5: Attempt to Settle

The daycare’s insurance company or legal team may offer a settlement to avoid the costs and publicity of a trial. Settlements can be beneficial, as they allow for faster resolution, but it’s important to evaluate whether the offer is fair. If the settlement amount does not adequately cover the damages your child has suffered, you can reject the offer and proceed with the lawsuit.

Step 6: Filing the Lawsuit

If a settlement cannot be reached, the next step is to file a lawsuit. This involves preparing and submitting a formal complaint to the court. Your complaint will include the specific allegations against the daycare, the damages you are seeking, and the legal basis for the claim. Once filed, the daycare will have a certain period to respond to the complaint. They may either admit to the allegations or file a defense, and at this point, both parties will begin gathering evidence and preparing for trial.

Step 7: Judgment or Settlement After Trial

After the trial, the judge or jury will issue a verdict. If you win the case, the daycare will be required to compensate you for the damages, which could include medical expenses, emotional damages, and other costs related to the injury. It’s also possible for a settlement to occur even after the trial begins, allowing the case to be resolved without further proceedings.

If you do not win the case, you might have the option to appeal the decision. Appeals typically focus on legal errors made during the trial, so it’s important to discuss your options with your lawyer. While the legal process can be lengthy and complex, having a solid case and expert legal representation increases your chances of success.

Contact us online or give us a call today to schedule a legal consultation with our family law attorneys in Augusta, GA.

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In 2015, the landmark Supreme Court ruling on Obergefell v. Hodges established that same-sex couples throughout the United States had the right to marry. This decision, however, did not directly address same-sex parenting or adoption, so some confusion remains.

This is especially true in Georgia. Georgia’s state legislature has not yet removed statute 19-3-3.1, which prohibits same-sex marriages. Although the state cannot enforce this unconstitutional law, the mere fact it remains may serve as a sign that same-sex couples can still face discrimination and other challenges on their way to parenthood.

Same-Sex Couples May Face Extra Challenges on Their Path to Adoption

For many people, marriage and parenthood go hand-in-hand. Studies have found that same-sex couples have roughly the same desire to raise children as other people. Indeed, a recent survey from the Williams Institute at UCLA School of Law found that roughly 41% of married same-sex couples under the age of 50 hoped to become parents.

The survey found roughly the same desire to become parents among other populations:

• 39% of cisgender men
• 41% of cisgender women
• 43% of transgender respondents

Same-sex couples may share the same desire to become parents as other people, but they often face extra hurdles. These are rooted in finances, legal ambiguity and cultural biases:

• As the Williams Institute noted, same-sex couples tend to prefer biological pathways to parenthood. These include options like insemination and surrogacy. Approximately, 61% of survey respondents stated they preferred these pathways. Only 36% preferred adoption. However, the biological methods tend to be expensive, so the majority of same-sex couples (51%) say they plan to pursue adoption.
• The legal challenges to same-sex adoption are more complex. Georgia’s laws do not prevent same-sex couples from adopting. However, they do not outlaw the biased policies shared by many adoption agencies. In fact, the Family Equality Council notes that most states are “silent” on the issues of LGBTQ+ people becoming adoptive parents. This silence can leave same-sex couples “vulnerable to the potential bias of individual agencies, child welfare professionals, and family court judges.”
• This takes us to the biases held by these individual agencies, professionals and judges. When some adoption agencies may refuse to work with same-sex couples, the couples tend to have fewer options. They may also have to work harder than other people to prove their fitness as potential parents.

These challenges are not fair to same-sex couples. Unfortunately, they are the reality at this time. Until Georgia’s lawmakers decide to help out, same-sex couples will continue to face extra hurdles throughout the adoption process.

Things Are Better Than They Were

Despite these extra challenges, it may be encouraging to acknowledge that the laws are friendlier to same-sex couples now than they were a decade back.

• Nothing in Georgia’s laws prohibit LGBTQ+ individuals from pursuing adoption.
• State law says that only married couples can adopt jointly. Prior to 2015, this prevented same-sex couples from pursuing joint adoption. However, the Supreme Court case that recognized same-sex marriages nationwide paved the way for married same-sex couples in Georgia to seek joint adoption.
• Georgia also permits any married person to pursue stepparent adoption. This provides another pathway for same-sex couples to both become legal parents. In cases where one spouse is the biological parent or has already adopted, the other spouse can pursue stepparent adoption to secure the full legal rights afforded to a child’s parent.

Georgia still has a long way to go toward equal rights and opportunities. Still, the existing pathways make same-sex adoptions possible.

Same-Sex Couples Can Benefit from Experienced Guidance

The adoption process can be stressful and trying for any potential parent. It can be even more stressful for same-sex couples who face uncooperative agencies and biased authorities.

Accordingly, it may be helpful for same-sex couples to seek legal guidance. Attorneys with adoption experience can help prospective parents navigate the system efficiently. They can prepare couples for the challenges they are likely to encounter. And couples prepared to meet these challenges are more likely to overcome them.

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Most American parents rely on daycare facilities to provide care for their children while the parents are at work. The sad reality is that many childcare facilities do not provide adequate care and protection for our beloved children. The result is that kids suffer serious injuries and illnesses.

If your child has been injured or contracted an illness at daycare, you have options.

Can You Report a Daycare for Negligence in Georgia?

If your child has suffered harm due to a liable caregiver in a Georgia daycare, you have the right to take legal action. A daycare can be reported for negligence when there is a clear breach of duty, meaning the facility or staff failed to provide reasonable care, resulting in injury or harm to a child. This includes cases of neglect, physical abuse, unsanitary conditions, and improper supervision.

One serious form of negligence is overmedication, where a caregiver administers the wrong dosage or unnecessary medication, leading to adverse health effects. In Georgia, failing to follow proper medication guidelines can make the daycare liable for medical expenses and other damages.

To report negligence or a breach of duty, parents should document the incident, gather medical records, and file a complaint with the appropriate state agency. Holding a liable caregiver accountable not only protects your child but also prevents similar harm to others.

Childcare Injury Statistics

Throughout the country, the statistics are extremely difficult to summarize, as many states have not compiled or reported child injury statistics, and there is no uniformity between the states on how this information is gathered or organized.

However, Georgia has been a forerunner of data compilation among the states. A 2012 paper by Dr. John Carter analyzes medical data regarding all injured children and compares is to childcare accident and injury data from the Georgia Department of Early Care and Learning (DECAL).

Both studies illustrate that children are injured much less often in childcare facilities than they are injured in their own homes, suggesting that, in general, childcare facilities are safer for children than their own homes. Of course, childcare facilities are still liable for any injuries or other damages resulting from their negligence or intentionally harmful actions.

Common Causes of Injuries

The most common causes of injuries to children include:

• Falls: Children fall, often because of unsafe conditions on a premises or failure to keep an area properly clean and free from toys and other items on the floor. Poorly kept stairways and playgrounds are other common causes of falls.
• Falling items: When bookshelves, tables, chairs and other items tip and fall on children, the results usually involve fractures, contusions, abrasions and possible scarring.
• Unsafe doorways: Although there are regulations for how to keep doorways safe, many daycare facilities do not comply, and children get their fingers crushed or suffer other injuries in closing doorways.
• Burns: Soups, daycare providers’ coffee and other hot liquids can cause serious burn injuries. These injuries should not be taken lightly, as they can be extremely painful and result in nerve damage and lifelong scarring.
• Poison: In addition to unsafe storage of dangerous chemicals, there are numerous allergies and potential illness causing foods. Far too often, childcare providers fail to use appropriate caution to make sure the children they are caring for are not exposed to dangerous foods and chemicals.
• Malnutrition: In addition to letting kids be exposed to dangerous chemicals, many daycare facilities fail to provide adequate nutrition, leading to dehydration and other serious problems due to lack of adequate nutrients.
• Abuse: Sadly, there are instances in which daycare providers commit acts of abuse against the children they are supposed to be caring for. In addition to the internal injuries that might not be uncovered easily, children can suffer fractures and broken bones, contusions, burn injuries and severe emotional distress.

This is a short sample of the causes of injuries to children in daycare facilities. If your child has suffered any type of injury, illness or emotional distress as a result of negligence on the part of the facility, talk with an experienced personal injury lawyer. This negligence can include letting the child wander off, play with dangerous or age-inappropriate toys, be exposed to dangerous chemicals or other unsafe situations.

Bringing a Legal Claim Against a Day Care Facility

A personal injury claim against a childcare facility falls under what is called tort law. In tort law, there are four elements that make up a successful claim:

1. Duty: The defendant must have some kind of duty in a tort claim. In the case of childcare facility claims, the duty is to provide a safe environment and protect the child from injury.
2. Breach: The defendant has to breach the duty. In childcare facility cases, this can mean failure to maintain a safe environment, allowing a child to wander off from the facility, allowing a child to access dangerous chemicals or other similar examples of breaching the facility’s duties.
3. Harm: The plaintiff must have suffered some kind of real harm for a tort claim. For daycare cases, this means the child must have been injured or contracted some kind of illness.
4. Proximate cause: The harm that the plaintiff suffers must be caused by the defendant’s breach of duty. If a child falls down the stairs and then catches a cold the next day, it would be hard to establish proximate cause between the fall and the harm suffered. But in many cases, the breach of duty on the part of the daycare facility is a proximate cause of the damages the child suffers.

Who Do I File a Complaint With in Georgia?

The Georgia Department of Early Care and Learning (DECAL) is responsible for licensing and investigating daycare facilities. Complaints can be submitted online or via phone at 404-656-5562, and state inspectors will conduct an investigation if necessary. You can also file violations through national resources.

A Note on Negligence Settlement Amounts

Daycare injury settlements in Georgia can range from thousands to hundreds of thousands of dollars, varying greatly on the circumstances.

When a child is injured due to daycare negligence, the settlement amount depends on factors such as the severity of the injury, medical costs, emotional trauma, and evidence of a breach of duty. Georgia law allows parents to seek damages for medical expenses, pain and suffering, and in some cases, punitive damages if the liable caregiver acted recklessly.

For example, cases involving overmedication may result in higher settlements if the child suffered serious side effects requiring hospitalization. Similarly, instances of neglect, such as a child wandering off due to lack of supervision, can lead to significant compensation if the daycare is found liable.

Davis, Chapman, & Wilder Are on Your Side

These are the basics of tort law claims against childcare facilities. If your child has been injured in any way at a daycare center, talk with the experienced lawyers at Davis, Chapman, and Wilder, LLC in Augusta, GA to bring a personal injury claim and obtain the compensation your family deserves.

Contact Davis, Chapman, & Wilder online or give us a call to schedule a consultation and discuss your situation. We will examine the specifics of your case, outline the legal choices available to you, and collaborate with you to seek the compensation that your family is entitled to.

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A slip-and fall-accident can happen to anyone, and the consequences can be catastrophic. In 2022 alone, more than 8.5 million people visited emergency departments for fall-related injuries, with over 46,000 resulting in fatalities. If you’ve been injured in a slip-and-fall accident, a personal injury lawyer can ensure you receive fair compensation. Below, we examine the compensation payable in Augusta, GA for any pain and suffering endured.

Does a Compensation Award Include Payment for Slip-and-Fall Suffering?

A successful award for personal injury will take into account objective losses such as income, expenses, future earnings, and medical treatment. However, the calculation will also consider pain and suffering, as set out in §51-12-2 of the Georgia Code.

The first category is known collectively as economic losses or special damages, and the value must be proven. Pain and suffering is known as either non-economic losses or general damages, and a specific value does not have to be objectively proven.

What Does Pain and Suffering Mean?

Pain and suffering encompasses much more than just physical pain. It includes all types of pain and suffering, such as:

• Severity of the injuries
• Duration of the injuries
• Any impact on quality of life
• Emotional distress
• Loss of enjoyment
• Humiliation or fear

The examples on this list show how wide the category for pain and suffering can be. All non-economic aspects of the injuries are considered, with a focus on how the claimant’s life has been negatively affected. Any other relevant factors will also be taken into account, such as any pre-existing disabilities or conditions.

How Much is Awarded for Pain and Suffering?

There is no universal formula that is used to calculate the amount payable for pain and suffering. One common method is to apply a multiplier to the value of the economic award. However, this makes the assumption that higher economic losses correspond with greater pain and suffering, which may not be the case.

An alternative approach is to assign a rate per day for pain and suffering, which is then multiplied by the number of days the injuries are expected to last. This is a contentious method with defendants as it requires agreement of an appropriate daily rate. Additionally, if the injury has become chronic, the total award can be significant if the premises are unsafe. There is no maximum cap on what can be awarded for pain and suffering in Georgia.

Talk to a Personal Injury Lawyer

As non-economic damages are subjective, it’s crucial to submit a comprehensive claim that accurately reflects the full extent of pain and suffering. It’s therefore vital to talk to an experienced personal injury attorney at the earliest opportunity who has the skills to fight for what you’re entitled to receive.

With our extensive experience in personal injury claims, we are committed to helping you get the pain and suffering compensation you deserve. Get in touch with us here at Davis, Chapman, & Wilder in Augusta, GA today to schedule a free case evaluation. We also serve Grovetown, Martinez, Evans, Waynesboro, Lincolnton, Thomson, and the surrounding communities.

Tags: Personal Injury, Slip-and-Fall
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The Georgia Department of Early Care and Learning claims there are approximately 9,600 childcare programs throughout the state. At the same time, roughly 1 out of every 100 children enrolled in these programs will suffer some form of abuse or neglect. Taken together, these two facts highlight the difficulty and importance of finding a safe, healthy daycare program for your child.

So, how can you find good childcare programs in Georgia? How can you watch out for programs that might not protect your child? If you’re asking these questions, you are certainly not alone, and we have some answers for you.

An introduction to Georgia’s Quality Rated early childcare programs

In Georgia, childcare programs must get a license unless they apply and qualify for an exemption. However, the childcare centers that participate in Georgia’s Quality Rated program all go above and beyond the minimum standards for licensure. These programs are then rated from one to three stars:

• A one-star rating means the program exceeds the state standards and scores “sufficiently” on quality benchmarks and observations.
• A two-star rating means the program exceeds the state standards and scores “well” on quality benchmarks and observations.
• A three-star rating means the program exceeds the state standards and scores highly on quality benchmarks and observations.

Here, it’s important to note that a one-star rating is not a low rating overall. While it certainly isn’t as good as a two-star or three-star rating, it still indicates that the program exceeds the state standards.

Moreover, it means the program is fully licensed. Remember a few paragraphs back when we said childcare programs must get licensure unless they get an exception? Of the 9,600 early childcare programs in Georgia, the Department of Early Care and Learning says that roughly 5,300 of them are exempt from licensure. In other words, most early care programs in Georgia are exempt from some key licensure requirements:

• Mandatory compliance with state health and safety guidelines
• Criminal background checks for all employees
• Staff trained in CPR and First Aid
• Continuing education for teachers and directors

Licensed programs meet all these requirements and more. Quality Rated programs go above and beyond these expectations. You can learn more about Georgia’s Quality Rated programs and search for one near you on the Department of Early Care and Learning website.

Learn to identify daycare red flags

Sadly, it’s not always possible to find a three-star daycare that works for your schedule or budget. So, even as it helps to know to look for licensure and Quality Rating, it’s just as helpful to know how to spot daycare red flags. If you find these red flags, you’ll want to look for a different program:

• Staff who avoid questions
• Overly strict and controlling staff behaviors
• Staff who isolate certain children
• Low staff-to-student ratios
• Unclean facilities
• Any lack of transparency, especially about licensing and background checks

As the American Society for the Positive Care of Children notes, the work you do to research your child’s daycare program may help prevent the future shock of daycare abuse. While we might like to think that all programs have good intentions, there are good reasons to expect daycare programs to conduct background checks before hiring their staff. You want daycares to filter out applicants who fail these background checks before they work with your child.

Better safe than sorry

Looking into all the possible daycare programs near you can take time, and it may make you uncomfortable to ask questions about licensing and background checks. You might get tired of verifying the programs’ licenses, and you might get tired of touring the facilities in-person. But it’s important to remember the goal: You’re looking for a safe spot for your child to spend the day and learn.

The work is worth your time. No one wants their child to become the next 1 in 100 who suffers abuse. No one wants to deal with the medical bills, therapy and developmental delays that can follow abuse. This is your child’s future. Take the time. Do the work. It’s better to be safe than sorry.

Tags: Safe Childcare in Georgia
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In Georgia, the Department of Human Services assigns authority over the adoption process to its Division of Family & Children Services (DFCS). The DFCS does not have authority over private adoptions, but it has authority over all adoptions in which a child is a ward of the state or in the custody of a licensed adoption agency.

The four requirements for adoptive parents

Before we look at the steps of the adoption process, it’s worth reviewing the qualifications prospective parents must meet before they can adopt. In Georgia, there are four requirements. These are available for review on the DFCS website:

1. The prospective parent must either be married and living with a spouse, or the parent must be at least 21 years of age.
2. Unless the adopted child is a stepchild or relative (such as a niece or nephew), the parent must be at least 10 years older than the child.
3. Parents must meet a residency requirement. They must either be residents of Georgia, or they must be residents of the state where the child will live after leaving Georgia. Georgia places this second requirement on adoptions that involve children born in Georgia or who were living in Georgia at the time someone placed them for adoption.
4. The parent must be able to demonstrate the physical, mental and financial resources necessary to care for the child.

To this last point, prospective parents can expect a social worker to conduct a home study. The home study is part of the adoption process and serves to ensure that the parents can provide a safe and nurturing environment. In other words, the state does not take prospective parents at their word that they have the physical, mental and financial resources they need. The state will conduct evaluations.

The seven steps of Georgia’s adoption process

The DFCS website also identifies the seven steps of the adoption process:

1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

The DFCS website also identifies the seven steps of the adoption process:

1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

The DFCS website also identifies the seven steps of the adoption process:

1. The adoption process begins when you make an official inquiry with the DFCS. You will receive more information about the rest of the process.
2. The second step is to attend an information session. You will get more information about the process and requirements, and the DFCS will schedule a home visit. This home visit will take place prior to the third step.
3. Parents who continue with the process must complete the Adoption Preparation Program, also known as IMPACT (Initial interest, Mutual selection, Pre-service training, Assessment, Continuing development and Teamwork). This program consists of 23 classroom hours of training. During the time you are working through the IMPACT training, officials will conduct more home visits, gather more personal information (such as medical reports and background checks) and talk to you about adoption.
4. After you complete the Adoption Preparation Program, the DFCS will forward your Family Evaluation to the Adoption Exchange, identifying you as a parent ready for adoption.
5. During Pre-Placement, you can look for a good match among the children available for adoption. Some prospective parents may join support groups while they wait to find a match. Prospective parents who can identify the child they wish to adopt may move through this pre-placement period more quickly.
6. After you match with an available child, you can start the Placement process. This includes reviewing detailed information about the child and scheduling a series of pre-placement visits.
7. Finalization of the adoption process starts when the DFCS sends a release. You can then file an adoption petition with the court, and a Superior Court Judge will hold a hearing before finalizing the adoption.

This process can vary in duration. Certainly, the pre-placement period is longer for some prospective parents than for others, and certain obstacles may delay or interrupt the process altogether.

For example, you must ensure the biological parents have terminated their parental rights. Biological fathers who were not married to the mother at the child’s birth and who are not listed on the birth certificate may not have paternal rights at the beginning of the process, but they might file for paternity when they learn of it.

What is different about the private adoption process?

As noted earlier, the DFCS does not have authority over private and independent adoptions. This means the DFCS does not provide the same structure and certainty for adoptions that involve relatives, stepchildren and non-relatives who are neither wards of the state nor in the custody of an adoption agency.

In these cases, prospective parents will still have to ensure the termination of biological parents’ rights. They may also expect home visits from social workers who will ensure their homes are suitable for raising children. But they will need to address adoption’s many legal stipulations without the same degree of DFCS oversight.

Accordingly, many of the prospective parents in private adoptions choose to work with family law attorneys. A good family law attorney can guide you through the process and make sure you start your new family with all the legal rights and protections you deserve.

Tags: Adoption in Georgia
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Earlier, we reported some startling facts about child abuse in Georgia’s daycares. No one wants to think or believe their children will be unsafe when they leave them at daycare to go to work for the day, but approximately 1 in 100 children in Georgia will experience some form of abuse or neglect.

This means that you, as a parent, should know how to respond in case your child starts acting differently. You should learn how to spot the signs of abuse and neglect, how to treat your child and how to report your concerns to the proper authorities.

Learn the signs of daycare abuse and neglect

Young children are rarely able to articulate themselves as well as adults, and it is likely they will react to child abuse or neglect through changes in their behaviors. As a parent, you should be able to identify concerning behaviors. You should also keep an eye open for any physical signs of abuse.

Child protection services frequently point to a wide range of potential signs of abuse:

• Unexplained injuries and bruises
• Crying and other extreme emotions when it’s time for parents to separate
• Depression
• Fear of the caregivers
• Constant tiredness or fatigue
• Complaints about illnesses or headaches
• A rise in attention-seeking behaviors
• Self-harm
• Other sudden changes in behavior

Notably, this list is not exhaustive, nor will every item point unerringly toward abuse or neglect. Instead, these are signs that your child is going through something difficult, and it is your job to help.

How to respond and treat your child

If there are clear signs of physical or psychological injury, you want to get the appropriate treatment as soon as possible. Many times, however, the signs will not be as clear, and children may need their parents to help them express themselves.

This means you should learn how to respond to your child’s concerns. As Nationwide Children’s Hospital notes, you want to try to keep your body language and speech as calm and neutral as possible.

• Show that you are listening without judgment
• Allow your child sufficient time to process his or her thoughts and speak
• Reflect your child’s words to demonstrate that you are listening and want to understand the story clearly

If your child’s physical marks, behavioral changes and words give you reason to suspect abuse or neglect, it is time to act. You do not want to put your child back into a dangerous situation. Instead, you will want to report the matter.

Report your concerns to the proper authorities

In Georgia, your daycare providers, along with teachers and many other professionals who work with children, are considered mandatory reporters. If they have reason to suspect that a child is suffering from abuse or neglect, the law requires them to report their concerns.

As a parent, you are not a mandatory reporter, but you are still able to report your concerns. You can contact the Division of Family and Children Services of the Department of Human Services to file your report. As an alternative, you can contact the police. The law demands that the authorities investigate all reasonable concerns.

Among other things, their reports must include:

• The child’s name and age
• The parents’ names and addresses
• The names and addresses of the child’s caretakers
• The nature and extent of the child’s injuries, including evidence
• Any other information that you believe may help the authorities establish the cause of the injuries and the identify of the perpetrator

Georgia allows hospitals, doctors and law enforcement to take pictures of minors, without their parents’ consent, to support these reports. If you have photographic evidence, you can provide it.

Help your child recover

After you report any reasonable suspicion of abuse or neglect, the final step is to help your child recover as fully as possible. Depending on the type and severity of the abuse, your child may need medical care, therapy and extra support to readjust. The perpetrator may be subject to criminal charges, but a criminal conviction won’t help your child recover.

Instead, you may be able to sue the perpetrator. Criminal charges do not prevent you from seeking this type of financial recovery. When daycare staff or the daycare itself are responsible for your child’s suffering, a lawsuit can let you hold them accountable for the cost of getting your child the full recovery he or she deserves.

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Facing DUI charges in Georgia can be a daunting experience, but you’re not alone. Many individuals find themselves in similar situations, uncertain about their rights and options.

Here’s what you should know about the critical topic of evidence in DUI cases and how an experienced attorney can help you mount a robust defense.

Understanding evidence in DUI cases

In DUI cases, the prosecution relies heavily on evidence to establish guilt beyond a reasonable doubt. Understanding the types of evidence the state may use against you is crucial for building a solid defense strategy.

Blood alcohol concentration (BAC) tests

One of the primary pieces of evidence in DUI cases is the results of BAC tests, such as breathalyzers or blood tests. These tests measure the concentration of alcohol in your system at the time of the arrest. However, BAC tests are not infallible and can be challenged on various grounds, including improper administration, calibration issues or medical conditions that may affect the accuracy of the results. A skilled defense attorney may seek to suppress or discredit BAC evidence through meticulous examination and expert testimony.

Field sobriety tests (FSTs)

Law enforcement officers often administer field sobriety tests, such as the walk-and-turn or one-leg stand, to assess a driver’s physical and cognitive impairment. While FSTs are intended to gauge intoxication, they are subjective and prone to errors. Factors such as nervousness, fatigue or physical conditions can impact performance. Your attorney may challenge the validity of FST results by questioning the officer’s training, the conditions during testing or alternative explanations for poor performance.

Witness testimony and observations

Eyewitness testimony from law enforcement officers or civilian witnesses who observed your behavior before or during the arrest can also serve as evidence in DUI cases. Witness testimony may include observations of erratic driving, slurred speech or the odor of alcohol. However, witness testimony is not always reliable and can be influenced by bias or misperceptions. Your attorney may cross-examine witnesses to uncover inconsistencies or alternative interpretations of events.

Video and audio recordings

Many DUI arrests involve video and audio recordings captured by dashboard, body or surveillance cameras. These recordings may provide valuable evidence of your interactions with law enforcement, including field sobriety tests and statements made during the arrest. Your attorney can review these recordings to identify procedural errors, constitutional violations or opportunities for defense.

Chemical test refusal

Refusing to submit to chemical testing, such as breathalyzer or blood tests, can also be used as evidence against you in DUI cases. While Georgia’s implied consent law requires drivers to consent to chemical testing upon lawful arrest for DUI, there may be circumstances where refusing the test is justified. However, refusal can result in administrative penalties, such as license suspension. Your attorney can assess the circumstances surrounding the refusal and challenge its admissibility in court.

Navigating DUI charges in Georgia requires a comprehensive understanding of the evidence that the state may use against you and the strategies available for mounting a strong defense. By partnering with a skilled DUI defense attorney, you can challenge the prosecution’s evidence and protect your rights. Remember, you have the right to a fair trial and competent legal representation every step of the way.

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No one wants to look in their rearview mirror and see an officer’s lights start flashing. All the same, Georgia’s traffic officers stop drivers every day. Indeed, there’s a good chance you might someday find yourself sitting on the side of the road as an officer strides slowly to your door.

According to a recent survey of traffic stops, American officers pull over roughly 32 million drivers per year. That’s more than 87,000 traffic stops per day. Some drivers receive warnings. Some drivers receive tickets for minor offenses. Others find themselves facing criminal consequences that could be far more serious.

10 serious traffic offenses

Georgia does not rank within the top 10 states for most traffic stops per miles driven. Even so, the Georgia Governor’s Office of Highway Safety reports that we see traffic fatalities at a rate above the national average. That fact places pressure on traffic officers to root out dangerous driving. Officers might charge some drivers with serious offenses even when those charges aren’t warranted.

Altogether, Georgia criminal statutes identify at least ten traffic violations as “serious” offenses:

• Reckless driving
• Reckless stunt driving
• Driving under the influence
• Endangering a child while driving under the influence
• Homicide by vehicle
• Feticide by vehicle
• Serious injury by vehicle
• Fleeing a police officer
• Homicide by interference with official traffic-control device or railroad sign or signal
• Aggressive driving

Some of these serious offenses are misdemeanors. Many are felonies. Some start as misdemeanors and can become felonies, depending on the circumstances.

The circumstances matter

Indeed, it is often crucial to properly understand the circumstances surrounding any serious traffic offenses. Especially with charges such as “reckless driving” and “aggressive driving,” you can see clearly that there is often room for interpretation:

• The criminal code says that reckless driving is driving a vehicle “in reckless disregard for the safety of persons or property.”
• Aggressive driving is operating a motor vehicle “with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.”

Both these charges allude to the driver’s state of mind. It is possible that officers can make incorrect assumptions about a driver’s state of mind. They need to support their assumptions with evidence, and it is worth noting that the prosecution must use that evidence to prove the crime beyond the shadow of a doubt. If a good defense attorney can challenge that evidence or the prosecution’s interpretation of the evidence, the charges may not stand.

Charges do not equal convictions

Fortunately, there are options for drivers facing such serious charges. You have the right to defend yourself. Naturally, the best defense will change with the charges and the facts, but a good defense attorney can help you identify your options.

You might be able to get the charges reduced. You might arrange for a pretrial decision. Or, you might go to court and fight your charges in trial. Whatever you decide, you have the right to defend yourself from wrongful charges and all the immediate and long-term consequences that follow a conviction.

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You likely know that crash victims can seek compensation for their injuries. But you may not know what that compensation can include.
In Georgia, as most places, victims can seek compensation for their damages. The law says these damages may be “either general or special, direct or consequential.” The courts then interpret this by dividing these damages into three general categories. Depending on your circumstances, you may deserve compensation for one, two or all three types of damages.

Economic damages

Economic damages include all the concrete expenses you accrue as the result of your injury. These are things that are more easily measured:

• Medical treatment
• Physical therapy
• Lost wages
• Property damage, such as to your vehicle
• Home or car adjustments to accommodate any resulting disability

As some of these items suggest, it’s important to consider any future expenses directly related to the crash. If a crash leaves you unable to work, your lost wages may not just be the past wages up until the time you file. They may also include the future wages you will be unable to earn.

You might wonder if you can still claim medical expenses if your health insurance helped cover them. The answer is, “Yes.” However, it’s worth noting that if you receive compensation for your medical expenses, your insurance provider will likely file to get its money back. This is a process called subrogation, and a skilled attorney can typically negotiate with the insurance to reduce the amount they claim.

Non-economic damages

Whereas economic damages have reasonably clear price tags, non-economic damages are harder to measure. Even so, these damages often comprise the larger portion of your claim.

This is part of the reason it’s important to work with an experienced personal injury attorney, rather than accepting an early settlement offer from the insurance. Insurance companies frequently undervalue non-economic damages:

• Pain and suffering
• Loss of companionship
• Loss of consortium
• Mental anguish
• Trauma
• Reduced quality of life

As you can see, these are items that don’t come with an obvious price tag. Accordingly, Georgia says that you and your attorney can explain the value of these damages. The other party’s insurance is bound to argue for a lower value, so it’s important to understand how the courts view the evidence and how your case compares to other, similar cases.

Punitive damages

Punitive damages are rare, and they do not primarily aim at compensating crash victims. Instead, as Georgia’s laws note, punitive damages exist only in cases where “clear and convincing evidence” shows that the defendant acted out of “willful misconduct, malice, fraud, wantonness, oppression,” or such gross negligence as to demonstrate a “conscious indifference to consequences.”

Notably, the law says that these damages are intended solely to “punish, penalize, or deter” wrongful behaviors. It also caps the amount of punitive damages at $250,000, unless the case involved product liability, a specific intent to cause harm or the influence of certain drugs.

What are these damages actually worth?

By now, you can likely imagine how the full cost of a crash can exceed the insurance company’s settlement offer. Even if the offer looks large, it likely minimizes future economic damages, as well as your non-economic damages. If the crash owes to truly awful behavior, you may want to file for punitive damages. An insurance settlement will almost never anticipate those.

As a result, the Insurance Research Council released a study in 2014 which found that crash victims who worked with an attorney recovered 3.5 times as much as victims who settled on their own. That’s the average, so some cases were more. Others were less. But the numbers help show the value of working with a seasoned attorney.

Ultimately, getting the full extent of the compensation you deserve is a matter of understanding the different types of damages, understanding the law, understanding the values of similar cases and compiling the evidence in such a way as to make a clear and compelling argument. You may not need to go to trial to get the compensation you deserve, but you will need to do your homework ahead of any negotiations.

If you have been injured in an accident, talk with the experienced lawyers at Davis, Chapman, and Wilder, LLC in Augusta, GA to bring a personal injury claim and obtain the compensation your family deserves.

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