Joseph P. McClelland, LLC» griffin lawyer

Elder Law

Joseph McClelland — Sat, 21 May 2011 11:34:09 +0000

Elder Law is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

We can help you have the confidence

: Georgia Estate Planning Attorney

that your possessions and loved ones will be properly cared for with a good estate plan. You may need a simple will or a complex trust, either way we can help.

Power of Attorneys for Heath Care

Power of Attorney for Financial Purposes

Living Will

Georgia Divorce Lawyer Georgia Personal Injury Lawyer

Do you have a will? Does your husband or wife have a will in place? For some people a will is not a necessity. For others not having a will puts your family at risk for disruptions in finances and more potentially disruptive situations.

Creating a will is a simple process for most people. It is just a matter of understanding what you have in your possession to give, to whom you want each item to go, to whom you want certain items to go if the person you want them to go to is not available or renounces the gift, and issues like these. We just go over some different circumstances to make sure your best wishes are maintained in different situations.

Contact our office to discuss the need for a will in Georgia and other elder law issues.

GA Financial Affidavit

Joseph McClelland — Sat, 21 May 2011 11:32:30 +0000

GA Financial Affidavit is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

GEORGIA DIVORCE LAWYER

Monticello Lawyer

Superior Court of ________County, Georgia

)
______________________,

Plaintiff )
)
vs.) Civil Action No. ___________
)
______________________,)

Defendant )
)

DOMESTIC RELATIONS FINANCIAL AFFIDAVIT

1. AFFIANTâ€™S NAME:_______________ Age _________

Spouseâ€™s Name: __________________ Age _________

Date of Marriage: _____________________

Date of Separation __________________

Names and birth dates of children for whom support is to be determined in this action:

Name Date of Birth Resides with

________________________________________________________

Names and birth dates of affiantâ€™s other children:

Name Date of Birth Resides with

________________________________________________________

2. SUMMARY OF AFFIANTâ€™S INCOME AND NEEDS

(a) Gross monthly income (from item 3A)$ ______________

(b) Net monthly income (from item 3B) ______________

Monthly payments to creditors + ______________

Total monthly expenses and payments
to creditors (item 5C)_______________

3. A. AFFIANTâ€™S GROSS MONTHLY INCOME (complete this section or attach Child Support Schedule A)
(All income must be entered based on monthly average regardless of date of receipt.)

Salary or Wages $ ______________
ATTACH COPIES OF 2 MOST RECENT WAGE STATEMENTS

Commissions, Fees, Tips $ ______________

Income from self-employment, partnership, close corporations,
and independent contracts (gross receipts minus ordinary
and necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ______________

Rental Income (gross receipts minus ordinary and
necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ______________

Bonuses $ ______________

Overtime Payments $ ______________

Severance Pay $ ______________

Recurring Income from Pensions or

Retirement Plans $ ______________

Interest and Dividends $ ______________

Trust Income $ ______________

Income from Annuities $ ______________

Capital Gains $ ______________

Social Security Disability or

Retirement Benefits $ ______________

Workersâ€™ Compensation Benefits $ ______________

Unemployment Benefits $ ______________

Judgments from Personal Injury or

Other Civil Cases $ ______________

Gifts (cash or other gifts that

can be converted to cash) $ ______________

Prizes/Lottery Winnings $ ______________

Alimony and maintenance

from persons not in this case $ ______________

Assets which are used for support of family $ ______________

Fringe Benefits

(if significantly reduce living expenses) $ ______________

Any other income (do NOT include means-tested
Public assistance, such as TANF or food stamps) $ _____________

GROSS MONTHLY INCOME $ ______________
B. Affiantâ€™s Net Monthly Income from employment
(deducting only state and federal taxes and FICA)$ ____________

Affiantâ€™s pay period (i.e., weekly, monthly, etc.) ___________________

Number of exemptions claimed ____________

4. ASSETS

(If you claim or agree that all or part of an asset is non-marital, indicate the non-marital portion under the appropriate spouseâ€™s column and state the amount and the basis: pre-marital, gift, inheritance, source of funds, etc.).

Description Value Separate Asset
of the Husband Separate Asset
of the Wife Basis of the
Claim

Cash
$____________
______________
______________
______________

Stocks, bonds
$____________
______________
______________
______________

CDâ€™s/Money Market
Accounts
$____________
______________
______________
____________________

Bank Accounts
(list each account):

_______________
$____________
______________
______________
____________________

Retirement Pensions,
401K, IRA, or
Profit Sharing

$____________

______________

____________________

Money owed you:
$____________
______________
______________
____________________

Tax Refund
owed you:

$____________

______________

____________________

Real Estate:

home:

debt owed:
$ ___________

$ ___________
_____________
_____________
____________________

other:

debt owed:
$____________

$ ____________
______________
______________
____________________
Automobiles/Vehicles:
Vehicle 1:

debt owed: $____________

$ ___________ ______________ ______________ ____________________
Vehicle 2:

debt owed: $____________

$____________ ______________ ______________ ____________________

Life Insurance
(net cash value):

$____________

______________

____________________

Furniture/furnishings:
$____________
______________
______________
____________________

Jewelry:
$____________
______________
______________
____________________

Collectibles:
$____________
______________
______________
____________________

Other Assets:
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

Total Assets:
$____________
______________
______________
____________________

5. A. AVERAGE MONTHLY EXPENSES

HOUSEHOLD
Mortgage or rent payments $ __________ Cable TV $ __________

Property taxes
$ __________
Misc. household and grocery
Items

$ __________

Homeowner/Renter Insurance
$ __________
Meals outside the home
$ __________

Electricity
$ __________
Other
$ __________

Water
$ __________
AUTOMOBILE

Garbage and Sewer
$ __________ Gasoline and oil $ __________

Telephone:
residential line:

cellular telephone:

$ __________

$ __________ Repairs

Auto tags and license

Insurance $ __________

$ __________

Gas
$ __________
OTHER VEHICLES
(boats, trailers, RVs, etc.)

Repairs and maintenance:
$ __________ Gasoline and oil $__________

Lawn Care
$ __________ Repairs $__________

Pest Control
$ __________ Tags and license

Insurance $__________

$__________

CHILDRENâ€™S EXPENSES AFFIANTâ€™S OTHER EXPENSES

Child care (total monthly cost)
$__________
Dry cleaning/laundry
$__________

School tuition
$__________
Clothing
$__________

Tutoring
$__________
Medical, dental, prescription
(out of pocket/uncovered expenses)

$__________
Private lessons (e.g., music, dance) $__________
Affiantâ€™s gifts (special holidays)
$__________

School supplies/expenses
$__________
Entertainment
$__________

Lunch Money
$__________
Recreational Expenses (e.g., fitness)
$__________

Other Educational Expenses (list)

Vacations
$__________

____________________
$__________
Travel Expenses for Visitation
$__________

____________________
$__________
Publications
$__________

Allowance
$__________
Dues, clubs
$__________

Clothing
$__________
Religious and charities
$__________

Diapers
$__________
Pet expenses
$__________

Medical, dental, prescription
(out of pocket/uncovered expenses)

$__________
Alimony paid to former spouse
$__________

Grooming, hygiene
$__________ Child support paid for other children
$__________

Gifts from children to others
$__________
Date of initial order:
__________

Entertainment
$__________
Other (attach sheet)
$__________

Activities (including extra-curricular,
school, religious, cultural, etc.)
$__________

Summer Camps
$__________

OTHER INSURANCE
Health
Child(ren)â€™s portion: $__________ $__________
Dental
Child(ren)â€™s portion: $__________ $__________
Vision
Child(ren)â€™s portion: $__________ $__________
Life
Relationship of Beneficiary: $__________
____________
Disability $__________

Other (specify):
$__________
TOTAL ABOVE EXPENSES $ _______________________

B. PAYMENTS TO CREDITORS
(please check one)
To Whom: Balance Due Monthly Payment Joint Plaintiff Defendant

TOTAL MONTHLY PAYMENTS TO CREDITORS: $ ___________________

C. TOTAL MONTHLY EXPENSES: $ ______________________

This ______________________ day of ___________, 20________.

_____________________________________

Affiantâ€™s Signature

_____________________________________
Notary Public Affiant

Attorney

GA Insurance Coverage & Liability

Joseph McClelland — Thu, 23 Sep 2010 22:27:38 +0000

GA Insurance Coverage & Liability is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

As soon as you are in an accident, the most important legal question becomes insurance coverage. Being an Atlanta, Georgia Accident Attorney, I understand the complex issues about car insurance coverage in Georgia. The point of this legal post is to explore some topics of car insurance coverage and car insurance liability after a car accident in Georgia.

As a brief intro The McClelland Law Firm is a plaintiff’s firm that represents injured individuals and family members that were hurt in an accidents. There are varies types of ways to get injured and in many different places. Some injuries occur at work. Some injuries occur at home or somewhere in between. Regardless of where the accident happened, it is important to identify all of the various types of insurance that may provide coverage to you after the accident.

So, why don’t we examine these issues further?

In your general car accident, the other driver will carry auto insurance with includes money to pay for the damage to your vehicle and liability coverage. Under Georgia law, every driver in Georgia is required to maintain auto insurance with a minimum insurance coverage of $25,000 per person and $50,000 max per accident. Therefore, the other driver’s insurance policy will be the first place to look, but surely not the last place to look for insurance to cover your medical bills, lost wages from missing work, and pain and suffering.

The second place to look is your own policy for medical insurance payments. This is no fault insurance that you may have on yourself. This does not mean that the other party will not pay the bills, but the other insurance company will only pay hospital and other bills after the case is settled, not before. Therefore, having med pay allows you to seek medical attention without having to worry if you will be covered.

The next place to look for additional insurance is the other driver’s spouse or family member with whom they live. This person, if they have insurance for the car, will be responsible secondarily behind the at-fault driver. Next, we will look back to you to see if you have uninsured motorist coverage that would be available to cover your injuries. It is important to remember with uninsured motorist coverage to read the policy. Some insurance policies require a reduction by the amount of insurance covered by the other driver.

For example, let’s say the driver has 25,000 in liability coverage. Let’s also say the value of your claim is $60,000 (if we could all actually agree on this number). Let’s also say that you do not have uninsured motorist coverage. Let’s also say that the at-fault driver is not married and lives alone. In this case, you are in tough luck. You have a claim for $60,000, but the only insurance available is the $25,000 liability policy. In this case, you will not come out ahead. This is why you should always have uninsured motorist coverage as an addon to you policy.

Let’s look and a different type of scenario. For example, let’s say the driver has 25,000 in liability coverage. Let’s also say the value of your claim is $60,000 (if we could all actually agree on this number). Let’s also say that the at-fault driver is not married and lives alone. But, in this example, you have uninsured motorist coverage in the amount of $25,000. It is also the type of policy that gives a reduction to the first policy. In this example, you are equally out of luck. For example, let’s say the driver has 25,000 in liability coverage. Let’s also say the value of your claim is $60,000 (if we could all actually agree on this number).

For the last example let’s look and a different type of scenario. Let’s say the driver has 25,000 in liability coverage. Let’s also say the value of your claim is $60,000 (if we could all actually agree on this number). Let’s also say that the at-fault driver is married and the wife has a car insurance policy of $25,000 in liability coverage. And you have uninsured motorist coverage in the amount of $25,000. It is also the type of policy that does not reduce or set off the the other driver’s insurance, but rather adds to it. In this example, you would get full recovery for the first time in our examples. Why?The at-fault driver has 25 in insurance. His wife’s policy will stack on top of his policy. So, now we have $50,000 in coverage.

After getting limited releases from the husband and wife, then we would look to your uninsured motorist coverage. Since, it adds on other insurance rather than being reduced by the amount of first party (at-fault driver) insurance available, you have a full $75,000 in coverage. Now, we stated that in our imaginary land of internet we all agreed your claim was worth $60,000. Therefore, you would have available insurance to cover your claim, and even more had we imagined higher. Still have insurance questions, contact us today at 770-775-0938.

We help people in Atlanta, Marietta, Roswell, Sandy Springs, Duluth, Dunwoody, Alpharetta, Stone Mountain, Decatur, Stockbridge, Jonesboro, McDonough, Griffin, Jackson, Monticello, Locust Grove, Forsyth, Barnesville, and Macon. We also represent Fulton County, Dekalb County, Clayton County, Henry County, Butts County, Bibb County, Spalding County, and Jasper County.

Recent Pages

Joseph McClelland — Sun, 20 Jun 2010 00:10:46 +0000

Recent Pages is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

With a ever growing website, it is becoming important to have some recap pages to provide some additional methods of finding certain pages. We hope you find some of these links relevant to the search you are conducting.

Decatur Accident Lawyer

On this page you can find relevant information on your injury cases. What to do after a crash is covered. We also cover issues of medical bills, and who is at fault in similar cases.

DUI Cases in Decatur

On this page you can find information on how a drunk driver changes your cases. If the other driver was charged with driving under the influence, then this will have a positive influence on your lawsuit or claim.

Wrongful Death Claims in Dekalb County

What to do after a loved one dies is a terrible thing to have to contemplate. But, often this is just the situation. Someone is not paying attention while going to fast and the accident kills someone. What are you to do? What are the necessary steps to take? Who pays things like burial fees and things like this?

Griffin auto accidents

Over in Spalding County we have similar types of accidents as in Decatur, but they have the tendancy to be ever more dangerous. Why? The reason is the drivers in rural areas must drive longer distances, and often drive faster. In the city of Decatur, for example, how often is the speed limit 55? Rarely. But in Spalding County, most of the roads have this as the speed limit.

Stockbridge Personal injury Lawyer

On this page you will find information related to Stockbridge, Georgia and Jonesboro, Georgia. We cover some of the same topics as above, but with a slant towards Stockbridge. We provide relevant information on the court system and what to do after an injury.

Who Pays the Accident Bills?

Joseph McClelland — Thu, 01 Apr 2010 23:58:29 +0000

Who Pays the Accident Bills? is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

Is the other driver, the one who actually hit your car or you or have some other personal injury, going to pay the medical bills? This is one of the first questions that comes out of the mouths of my clients on the first meeting. As a personal injury lawyer, that is a good question. As you now know, ambulance bill, doctor’s bills, hospital bills, therapy bills, and bills you didn’t even know existed start arriving in the mail. So, is the insurance company going to pay the bills? The answer is yes. But, the next question is when. So, when? At the time of settlement, usually. Or trial, if they force our hand by not offering a reasonable settlement for your injuries.

If you have been injured in a car accident, contact our office. The insurance company may want you to think they are going to pay your bills, and will tell you so. But the truth is, they will attempt not pay them. Further, they will get you to close sign away your rights for future treatment and medical costs.

Georgia Car Accident Lawyer for Stockbridge, McDonough, Jonesboro, Jackson, Griffin, Forsyth, Locust Grove and Monticello, Georgia.

Georgia Supreme Court Changes Punitive Damages Cap

Joseph McClelland — Wed, 24 Mar 2010 22:33:58 +0000

Georgia Supreme Court Changes Punitive Damages Cap is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

This is big news for claimants and personal injury lawyers in Georgia and Decatur accident victims. The Georgia Supreme Court just ruled that the cap on noneconomic punitive damages are unconstitutional.

The Court held that the Constitution guarantees a right to a jury trial. The concept is that what the jury determines is how we administer justice. (Back in the day, the plaintiff and defendant will have fight, and who won must have been right because, it was believed that the God’s hand would strike the fatal blow.)

The ruling was based on a medical malpractice case that returned a verdict of punitive damages in excess of the $250,000 punitive damages cap. The case went through the court system to the Georgia Supreme Court. The Court reasoned that if the legislature could come up the number $250,000, then why could they not come up with the number $1 or $10,000. This was important to the Court that the jury make the determination. The Court reasoned that ”the law clearly nullifies the jury’s findings of fact regarding damages and thereby undermines the jury’s basic function,” Chief Justice Hunstein wrote.

The fact that the law permits full recovery of noneconomic damages up to the “significant amount” of $350,000 is not sufficient to make it constitutional. If the Legislature may cap awards at $350,000, then it could also cap the recovery at some other figure, “perhaps $50,000, or $1,000, or even $1,” the court said.

“The very existence of the caps, in any amount, is violative of the right to trial by jury,” the decision states.

The other side failed to persuasively argue that allowing a judge to reduce a jury ward is substantially the same thing. The Court disagreed, holding that the judge’s use is limited and the “judicial remittitur is a carefully circumscribed power, the exercise of which is authorized only in the limited circumstance.”

The ruling is to be applied retroactively. This is a huge thing for all claimants and plaintiff’s attorneys.

One question that often comes up with clients is the question about punitive damages in a wrongful death lawsuit. The answer to the question it that they are not allowed. It may seem unfair until you look deeper. The Georgia Wrongful Death Act is punitive in nature already. Therefore, having more is not necessary. Check out the page on Georgia wrongful death lawsuits to learn more about that subject.

The Law Office of Joseph P. McClelland handles all types of personal injury cases such as car accidents, premises liability, worker’s compensation, intentional torts and general negligence. Contact my office at 770-775-0938.

Georgia Dog Bites

Joseph McClelland — Fri, 19 Mar 2010 05:21:39 +0000

Georgia Dog Bites is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

Dog Bites in Georgia

I love dogs. I really do, but some dogs are dangerous and may cause dog bites. Most are not and are completely lovable. My family growing up treated dogs as members of the family, and we all still do. However, being attacked by a vicious dog can cause sever injuries or even death. Young children are especially susceptible for various reasons. For one, they can be fearless. The other reason is that they just don’t know better yet. In fact, according to the Centers for Disease Control and Prevention, 4.7 million Americans are bitten by dogs every year. And of those, 800,000 caused serious injuries that require medical attention and treatment. Georgia dog bites are serious business.

This dog does not bite...or bark.

Damages from Georgia Dog Bites

Many times a dog bite injury may result in permanent scarring and nerve damage. Psychological harm and fear of dogs may last beyond the actua

l injury caused by the dog bite. One might become scared of dogs on the street or at the park. Some may even become a little weary of their own pets. This is truly sad and this does not help stopping Georgia dog bites.

If you were bitten by a dog, then you may be allowed to recover under the law. If you missed work or lost earnings because of the injury, then it may be recoverable under Georgia law. Also, if you have medical bills or hospital bills or imaging bills, then those may be recoverable, as well. Also, the pain and suffering, including mental anguish, may be recoverable, as well. Also, emotional distress, disability, disfigurement, wrongful death, scarring, loss enjoyment of life. In addition, injury victims may be entitled to recover for “special” or â€œeconomicâ€ damages related to items such as past, present and future medical bills, lost wages and future earnings, and other out-of-pocket expenses.It is important to contact an experienced personal injury lawyer to help you with your case. If you have been bitten by a dog or attacked by an animal and suffered injuries, then contact your dog bite lawyer today for a free consultation. We make sure that you get the support you need by giving personal attention throughout your case.

Because you are here perhaps I said propose a short article about the Georgia automobile accident reports. The cops should make readily available this report to pretty much all parties about three days following the car or truck injury. An accident report includes a super volume of answers. Such type of things as the names of the people together with if citations have been given are invaluable. You must get this report to adequately file a physical injury claim. I understand that many people like to select from a summary of driving accident articles, consequently my firm has gone to remarkable lengths to write remarkable articles simply for you.

You should check them out. In this post we have listed 10 car crash articles that we feel are interesting to those who have been in an accident. Some of the articles are for those people who drive motorcycles and who have been hit on driving their bike. Other articles are more current events related such as car accidents involving particular people. Other topics from this article include how to properly draft a personal injury demand letter. This article is one of my favorites. It goes into tremendous depth about each of the items that are needed for a personal injury demand letter in Georgia. As an Atlanta personal injury lawyer, I enjoy providing details to the public. But, back to this article about Georgia dog bites, because you may need a lawyer after a dog bite.

If the owner owns a home, then we may be able to file a homeowner insurance policy claim, we may look to the apartment complex’s policies. This is another area where having an Atlanta personal injury lawyer comes handy.

Victim of a Dog Attack? Contact Me Now For a Free Evaluation of Your Legal Case.

Call me for a confidential conversation at (770) 775-0938.

Representing clients in personal injury lawsuits, auto accidents, and car wrecks in Jackson, Griffin, McDonough, Monticello, Forsyth, Barnesville, Covington, Conyers, Hampton, Stockbridge, Jonesboro, Morrow, Forest Park, Conley, Lithonia, Decatur, Atlanta, Buckhead, East Atlanta, Candler Park, Virginia Highlands, and all of Georgia as well as Butts County, Henry County, Jasper County, Lamar County, Monroe County, Spalding County, Rockdale County, Dekalb County, Clayton County, Fulton County, and Newton County. Contact our Atlanta, Georgia law firm for information on Georgia dog bites and legal representation.

Victory – Unemployment Appeal

Joseph McClelland — Sun, 06 Sep 2009 03:09:08 +0000

Victory – Unemployment Appeal is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

The Georgia Personal Injury Lawyer and Georgia Auto Accident Lawyer has some news. Victory for a client who was wrongfully denied unemployment insurance. The government employer claimed the employee was fired for not following the state policy.

We successfully argued that the state policy in question was never consistently applied. Our research uncovered five or six employees who were not terminated for higher alleged offenses.

Based upon these facts, the earlier decision was overturned and the client will get his back payments and payments into the future.

georgia lawyer

McDonough Divorce Lawyer

Monticello, Georgia Attorney

Representing clients in Griffin, Spalding County; McDonough, Henry County; Monticello, Jasper County; Stockbridge, Henry County; Conyers, Rockdale County; Decatur, Dekalb County; Atlanta, Fulton County; Macon, Bibb County; Barnesville, Lamar County, and Forsyth, Monroe County, Georgia.

All of us should peruse this concerning George accident reports. The law enforcement officials will make readily available this report to virtually all parties about three days after your car accident. The report consists of information related to the car owners, the insurance companies, a brief description of what caused the accident, along with whether or not any specific citations had been provided. The information included in these kind of reports ought to be incorporated in a decent demand letter to the insurance company for the settlement of your situation.

I understand that many persons love to select from a listing of driving accident articles, so my firm has gone to tremendous lengths to publish great articles exclusively for you. You should check them out. We have a large list of several of our leading articles from the past a few years involving a complete range of matters. Many of those articles involved fatal car accidents and deadly automobile injuries. Other articles are a lot more current events associated such as auto accidents relating to specific persons. if you’re looking to read articles on letters to insurance companies, then look no further. This article is one among my top picks. I sought to clarify precisely how to write the ideal demand letters. For an attorney I feel you have to educate all those about insurance plan matters.