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Georgia Questions & Answers
1 Answer | Asked in Personal Injury for Georgia on
Q: Should an AT FAULT Insurance company request my social security-# to pay bodily injury claim?
Michael W. Horst
Michael W. Horst
answered on Jun 30, 2022

Yes. It is typical for an at-fault insurance company to request a claimant's social security number. The reason being is the insurer has an obligation, under federal law, to determine whether the injured claimant was enrolled in Medicare. If so, and if Medicare paid any of the medical bills... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: How do I (what paperwork do I need) Legitimate myself as a Father when the child was Born IN-WEDLOCK in Georgia?

Cobb County Georgia Superior Court referred me to file Legitimation paperwork, However Legitimation paperwork specifies child born OUT of WEDLOCK.

I also have a court eligible DNA certified test as well.

The Father (Ex-Husband) is on the Birth certificate, However the Mother is no... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 29, 2022

You still need to file a legitimation, but the ex-Husband has to be a party, as it's legally his child. This is a complicated case, so hire an attorney to help.

1 Answer | Asked in Car Accidents for Georgia on
Q: I was in an accident and they only had $25,000 in coverage.I didn't have any additional coverage.Can I get lost wages
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 28, 2022

Assuming the other driver was at fault, you can still pursue lost wages against the at fault driver and recover any lost wages from the personal assets of the at fault driver. This is true regardless of the $25,000.00 in liability limits being exhausted to cover medical expenses, general damages,... Read more »

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: WHAT LAWS PROTECT A MEDICALLY FRAGILE CHILD FROM A LANLORD WHO WONT FIX A/C???

I have a friend living in Alabama. She has a medically fragile child who can’t tolerate heat. Currently the A/C isn’t Working 100%. Maybe 50%. Her house is 85• which is way to hot for her son. What rights does she have??

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for the difficult situation in terms of excessive heat for the child. This is something a landlord-tenant attorney would probably have the best insight into, in terms of tenant rights. There's no... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Question about TRAFFICKING IN COCAINE, ILLEGAL DRUGS, MARIJUANA, OR METHAMPHETAMINE charge.

If you receive this charge, are you being charged with trafficking in ALL these substances? Why wouldn’t you receive a separate trafficking charge for each offense?

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

No. That is just the name for that section which covers multiple substances. The arrest warrant will specify the exact drug/substance that the defendant is accused of trafficking. Unless there are multiple charges for trafficking, the defendant is only being charged with one of the substances.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I have my fingerprints or DNA expunged from CODIS and state database upon completion of conditional discharge?

Controlled substance possession 2015. Sentenced to 3 years conditional discharge felony probation in 2017. Completed in 2020.

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

The general rule is that your DNA is only captured and placed in CODIS if you are convicted of a felony offense. Because you pled under the conditional discharge statute, no conviction occurred. Therefore, your DNA should not have been placed in the system (unless (1) a petition was filed, (2)... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can I file the divorce papers I had drawn up in Georgia in Ohio? Because my county will not serve out of the county.

My filing was rejected "Rejected because this needs to be filed in the state and county where the defendant lives. Will not serve outside of county."

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 26, 2022

No, you cannot file Georgia divorce papers in Ohio. Also, it is possible to file for divorce here even if your spouse does not live here. Contact an attorney for assistance.

2 Answers | Asked in Family Law for Georgia on
Q: Can I still file for grandparent rights in GA after the unmarried parents were granted legal joint custody in GA?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 24, 2022

If the parents are not separated (which presumably they are if there is a joint custody order) and are not living together, a grandparent may file an original action for visitation rights.

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1 Answer | Asked in Personal Injury for Georgia on
Q: Can I sue my parents for neglect/abuse from my childhood?

I am 22 now, but before I was 12 I was neglected and abused in the home. My mom was charged with child endangerment at one point and I have an incident report along with other things to prove it happened. Is my statue of limitations up? And how likely am I to win something like that. I'd only... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Most likely no. Georgia has a two year statute of limitations to bring civil claims arising from injuries to the person, which would include emotional distress. See O.C.G.A. section 9-3-33. Thus, any type of civil claim is likely time barred. Further, even if the statute of limitations would have... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a dui and drug charge on my back ground I am wanting to see if I can get it Exsponged?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)...
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1 Answer | Asked in Criminal Law for Georgia on
Q: In the State of Georgia can a person who has been convicted of a state felony and served his sentence own a firearm?

This person completed his sentence 26 years ago

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

The short answer is no. However, if the person obtains a pardon from the governor or was sentenced as a first offender and was discharged without court adjudication of guilt, then the person can own a firearm. See O.C.G.A. section 16-11-131.

1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What technology do lawyers use to communicate with clients, present evidence to clients, and update them in real time?

We're developing commercial technology to absolutely remove or reduce legal paperwork, real time effortless evidence and detail updates between client/lawyer cases, real-time rapid case communication between lawyer/client. Overall simplifying client/ lawyer interaction and courtroom litigation.

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Nationwide, the tried and trusted methods are phone, email, and regular mail. However, law firms can operate differently from one another in terms of embracing technology. There are offices that still use faxes,... Read more »

2 Answers | Asked in Bankruptcy and Personal Injury for Georgia on
Q: Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,

They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 21, 2022

Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once.

In a corporate Ch. 11, it is the norm to continue to operate the business.

If your "case" against the...
Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: How can someone be named the biological father in a custody determination but is not considered legitimized?

Required to pay child support but cannot change birth certificate

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 21, 2022

Because that's the law. The father has to file for legitimation in order to obtain custody rights and be added to the birth certificate.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui which was my third. It was 2 years and 1 month ago. I have not heard from the courts or got a letter.

I live in Georgia. Single vehicle. No witnesses.

Morris  Margulis
Morris Margulis
answered on Jun 21, 2022

Sometimes cases do get lost in the shuffle, but it's never something to rely upon.

The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.

Otherwise, see if you can find...
Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

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