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Rossville Georgia Legal Blog

Will you lose your house if you file for bankruptcy?

As a Georgia resident who is currently dealing with increasingly overwhelming debt, you may be thinking about whether filing for bankruptcy may give you the fresh financial start you need. You may, too, be wondering how doing so could potentially affect some of your most sizable assets, such as your home. Ultimately, whether you will lose your home when you file for bankruptcy depends on several factors, among them the type of bankruptcy protection you choose to pursue.

Per the Washington Post, one of the factors that will determine whether you get to keep your home when you file for bankruptcy is whether you file for a Chapter 7 or a Chapter 13 bankruptcy. Chapter 13 bankruptcies, which are typically for people who have the means to pay back at least some portion of what they owe, generally allow you to hang on to your home, provided you keep up with your restructuring plan and stay current on all your payments.

Admitting you need help caring for someone

We know that nobody wants to think of loved ones as a burden. Here at Harriss and Hartman Law Firm, P.C., we know that our clients' families are a source of joy and fulfillment, regardless of the level of challenge involved in caregiving. That is why we are always proud to help people navigate the complex and frustrating process of obtaining social security disability in Georgia.

There are several common impediments to a typical SSD application, one of the main challenges being the individual nature of each of our clients' situations. We have several tools and practices we use to address these issues and put our clients on the path towards the approval of their benefits.

Does workers' compensation cover pain and suffering?

When you get injured in Georgia and go to court, you often can collect damages for pain and suffering. If you get injured on the job, instead of going to court, you file a claim with workers' compensation. You may wonder if you are entitled to payment for pain and suffering under this system as you would be with a personal injury claim. The simple answer is no.

According to Georgia.gov, the goal of workers' compensation is to help you get back to work. You can get payment for medical expenses related to the injury, and you may also qualify to get benefits to cover the loss of income for when you are unable to work. However, pain and suffering are not a benefit under this insurance coverage.

What is the right defense strategy for your drunk driving charge?

When facing a drunk driving charge in Georgia, you could be facing penalties that can affect the rest of your life. From loss of driving privileges to time behind bars, the impact of a DUI or DWI can be far-reaching. It is in your best interests to fight back by presenting a strong defense. 

Your future is worth protecting, regardless of whether this is your first drunk driving offense or not. It is beneficial to start working on your defense strategy as soon as possible after an arrest. When there is a lot on the line, your quick action can have a direct and important effect on the outcome of your case.

Credit health after bankruptcy

There can be many reasons that people in Georgia avoid filing for bankruptcy, even when they cannot find any other way out from under a mounting pile of debt. One of the concerns commonly held by consumers is the fear that they may never be able to get credit again if they go through a bankruptcy. This is simply not true. Post-bankruptcy, people can get credit cards, automobile loans and even mortgages if they take the proper steps.

According to Bankrate, the best way for a person who has undergone bankruptcy to rebuild credit is to start small and build from there. This may well mean getting a secured credit card. This is a card that requires a person to essentially front the money to the bank that acts as their credit limit. Cautious use of this card with prompt repayments can lead to the acquisition of an unsecured credit card.

Young and old can suffer slip-and-fall accidents

You may think that only elderly people need concern themselves about slipping and falling. However, we at Harriss and Hartman Law Firm have been representing fall victims in Georgia since 1972. Therefore, we know that injury from a fall can occur regardless of age, from the elderly to young children.

It is true that, according to the National Institute on Aging, your risk for a fall increases as you grow older. Fall-related injuries can also be more serious for an older adult due to underlying medical conditions such as osteoporosis, which weakens bones and makes them more susceptible to fracture. However, younger people are not impervious to potential slipping hazards, such as slippery floors or broken sidewalks, nor are they immune to the potential injuries that a fall can cause, including spinal cord injuries, neck and/or back injuries, concussions or broken bones.

Can you get benefits if you are addicted to drugs or alcohol?

It is a common myth that Social Security pays benefits to those who are addicted to alcohol and drugs on the simple basis that they are addicted. You may have heard people in Georgia or on social media complaining about people being able to get benefits just because they have an addiction. However, this is not true. The Social Security Administration explains that you cannot get benefits just because you have an alcohol or drug addiction. You actually must meet specific criteria to qualify to get benefits.

As with any other condition, the Social Security Administration requires that you have a qualifying medical condition. Alcoholism or drug addiction is not a condition on its own. You have to provide medical proof that your addiction is a factor to a disability that prevents you from working. So, you actually need to have a medical condition besides the addiction to qualify you. The qualifying disability could be mental or physical in nature.

Does an acquittal prove your case was maliciously prosecuted?

The verdict from the jury comes back as “not guilty.” We would imagine many people who have just gone through a Georgia trial would experience great relief at being acquitted. However, it is also natural to feel anger and humiliation for having been put through the ordeal of a trial for a crime that was never proven. Some people in that position may even feel the prosecutor was out to get them. But is an acquittal enough to prove malicious prosecution?

According to the Legal Dictionary, malicious prosecution is the result of bringing a criminal or civil case against a person without probable cause. It can also occur if a prosecutor or a plaintiff in a civil case had a goal other than bringing a person to justice. Defendants who are victimized by malicious prosecution can turn around and sue the actors who brought the original case. In the case of a malicious civil suit, the original plaintiff is the defendant. In a criminal case, the prosecutor is the one that will be sued.

What happens if my claim is denied?

If you have an accident and are injured on your job in Georgia, you can file a claim with workers' compensation to get payment for your medical costs and lost wages. It is up to them to then process the claim and determine if you will get paid and what you will get paid. However, you do have rights during the process and you can take action if your claim is denied.

In the event your claim is denied, the State Board of Workers' Compensation explains that you can request a hearing. A hearing will take place in from of the Board. It is similar to a court trial in that you will be able to present your case, while the other side present their case as to why you should not receive benefits. The Board hears all evidence and testimony and weighs that to make a decision. As with a typical court case, the decision of the Board is based on the law and the facts of the situation.

Are you susceptible to respiratory illnesses due to your work?

Georgia workers are likely aware that if they experience injuries in the workplace, they could be eligible for benefits through workers' compensation. This insurance is for the care and support of individuals who suffer injuries in work-related accidents, but it can also be for those who become ill as a result of their work environments. If you became sick because of your job, you could have a rightful claim.

There are various different types of occupational illnesses, but some of the most common are those related to respiratory illnesses. If you have a diagnosis of a respiratory illness that is directly related to the conditions of where you work or the requirements of your job, you could seek benefits. You may also file a workers' compensation claim if your job exacerbated an existing respiratory condition.