Joseph P. McClelland, LLC» mcdonough 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

Policy Limits Personal Injury Settlements

Joseph McClelland — Fri, 24 Sep 2010 01:58:56 +0000

Policy Limits Personal Injury Settlements is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

Today’s article is about policy limits and settling a personal injury case for the policy limit. The take away from this article is twofold. The first part is about the limitations with regards to certain settlements. This is important because even if you have a significant injury, there might not be enough insurance proceeds to properly compensate you for your damages.

The second part that we will discuss is about the sad times when the insurance policy cannot provide complete compensation for the amount of injuries that occurred because of the driver’s negligence. So now let’s turn into a case that your favorite Atlanta personal injury attorney handled and received the full policy limits for the clients personal injuries.

Another policy limit settlement for the Atlanta Lawyer. This case has caused me mixed feelings, but I will explain. By the way, the settlements or verdicts discussed on this site are never very recent settlements. I never use actual clients names or any particular fact that reveal in anyway their identity. Their lives are private, and with those clients we worked very hard to get them back to their normal lives or as close to it as possible. Now, back the topic at hand which is a policy limit case that was settled at The McClelland Law Firm.

She was had to miss weeks of work. She had suffered from daily migraine headaches for several weeks, attended physical therapy, and had to receive several injections into her back to help reduce the pain. Ms. Parton has suffered a severe back injury and neck injury before this accident which made matters worse. She was even sent home with her own transcutaneous electrical nerve stimulation unit. She was also instructed to wear a back brace for a few weeks. She is still being prescribed and taking Hyrocodone for the pain for a couple of months. Liability in this collision was clear because the other driver was charged with following too closely and a DUI less safe charge. The police report indicates that the speed of the collision was in excess of 50 miles per hour and my clientâ€™s vehicle was declared a total loss.

The client’s overall bills were paid at around two thousand dollars, so the client received a substantial amount of money. We were able to dramatically reduce the amount of medical bills the the client was required to pay.

The reason why I am not super happy with the result is because of several reasons. The first is the pre-existing injuries. Not a problem in my book. If you told someone that I hurt my knee, they would not really respond dramatically. But, if you then said, that is the same knee I had surgery on. That same person would show more concern because it must fragile. That is easy stuff, but an obstacle all the same. The second was the drunk driver. He blew under the limit, but that is not the issue. It was just the fact that it existed because of the availability of punitive damages. There is one downside about trying a case and getting more than the actual damages to the client, and that is time. If the client was to settle and take the offer, I can only advise and let them choose. That was the situation with this old case. I have thought about it since and incorporated the lessons learned. Now, this blog is for fun so I don’t reveal any of the strategies I use to settle or try cases, so how I incorporated those lessons is for clients only. If you are another personal injury lawyer, I will be happy to discuss cases with you or assist you, as well.

The McClelland Injury Law Firm represents plaintiffs in trucking accidents, motorcycle wrecks, car accidents, tractor trailer accidents, wrongful death cases in Atlanta, Marietta, Duluth, Norcross, Decatur, McDonough, Griffin, Jackson, Monticello, Macon, Forsyth, Barnesville, Midtown Atlanta and all of Georgia.

For more information on Settlements in Georgia, see our post on settlement tip number two and our first tip on increasing the value of personal injury cases. Thank you for taking the time to read this article on policy limits settlements in personal injury cases.

George Michael Needs a Lawyer

Joseph McClelland — Wed, 07 Jul 2010 02:35:11 +0000

George Michael Needs a Lawyer is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

Oh, say it ain’t so. George Michael of Wham and of, well, George Michael has another hit. His name is on the tongue of journalist. His name is in print. People are looking over at him with more interest than the day before. So, you may ask, what does his new hit sound like. Something like this, “Bam!”.

The story goes something like this. George Michael was driving around London after 3:00 in the morning when he drove into a building. He claims the building slammed on its brakes, but I don’t believe him.

If you are a building that has been hit by a member of Wham or anyone who has a hit song about giving you their love at Christmas, contact my law office today.

As a kid, I remember when Wham broke up. I could not believe that other guy, whose name I did not know, was the one leaving. It made no sense to me and millions of other people. Then, you start hearing these stories. Now, it becomes clearer. When someone does crazy stuff like that, they are doing it on smaller levels all day long. By the way, he says he used to smoke 25 joints a day. Can you image? 25 joints a day? None of the current reports indicate that he was high, but if that is what you say about yourself in the press…we can only image. The only way he wasn’t high is if his high had worn off by that time of the morning. Joking aside, he sounds like he was drunk.

This was a quick post by the Atlanta Wrongful Death Lawyer.

McDonough Tractor Trailer Lawyer for Henry County

Joseph McClelland — Sat, 01 May 2010 19:14:40 +0000

McDonough Tractor Trailer Lawyer for Henry County is a post from: Atlanta wrongful death law firms motorcycle laws car accidents

As a Atlanta Accident Lawyer, I have seen all types of accidents. McDonough, Georgia and Henry County have a huge stretch of interstate 75 going right through it. As a McDonough personal injury lawyer, I know that when you have interstates, you have tractor trailer accidents. There are countless ways you could be involved in a tractor trailer injury.

When you are injured, seek medical attention. It just makes plain sense. The emergency room must treat you regardless of how much money you have, or don’t have. Then, call a McDonough personal injury attorney to let them do the negotiating. You already have a job, getting better. Let me as your injury lawyer worry about getting those bills paid, and you paid for all you went through. You have suffered pain. You have had your life changed. Your car has damage. You are missing work. You are in pain and sure when you will get healthy again. You have enough to worry about. Let me take it over from here and get you the compensation you deserve. If you try to handle the negotiations yourself, you will come out on the bottom. Trust me. The insurance company has spent millions of dollars on studies on how to get you to go away for little or nothing. And, then, feel bad about it. Let me take care of the insurance company in your tractor trailer accident or 18 wheeler wreck.

One way to get hurt by an 18 wheeler is when they jackknife. That is when the back of the truck turns over, and then it pulls the front of the semi truck over. This type of wreck can be caused by the sudden turn, and the truck can’t realign fast enough. A jackknifed truck spreads itself out causing damages to anyone in several lanes of traffic.

With the stop and go traffic in McDonough, the interstate is often backed up. This is when you have a problem. As a McDonough tractor trailer accident lawyer, I know that an 18 wheeler has problems stopping as fast as a car can. This causes rear-end accidents with a commercial vehicle very likely.

As an attorney, I see that driver fatigue is also a significant cause of tractor trailer accidents in McDonough. Truck driver work long shifts. And, it is quite difficult to concentrate for such a long period of time. Their job is difficult. But, being tired can be related to serious injuries and deaths.

We represent clients in McDonough, Locust Grove, Hampton, Eagle’s Landing, Jackson, Griffin, Monticello, Conyers, Covington, Macon, Forsyth, Barnesville Decatur, Atlanta, Marietta, Buckhead, Vinings, and more. Our practice areas are car accidents, motorcycle accidents, premises liability, negligence, intentional torts, 18 wheeler accidents, tractor trailer injuries, semi truck collisions, DUI truck driver injuries and more.