The Plumley Law Firm, P.C
110 Evans Mill Drive - Suite 303
Dallas, GA 30157

770.439.2154


Serving Paulding County since 2001, 
Cobb, Douglas, Bartow, Haralson, 
Carroll and surrounding counties

Questions and Answers

 

Here are some common questions and answers. Please note that these are general questions and answers and may not suit your specific circumstances. Please contact an attorney for any legal advice concerning your particular situation.

 

Motor Vehicle Accidents

 

Q: I was in a motor vehicle accident over a year ago, but I'm still having problems. Is there anything I can do?
A: The statute of limitations for personal injuries is generally 2 years from the date of the accident, so if you have not exceeded that timeframe, we may be able to help obtain compensation for your injuries.

 

Q: I set up my free consultation for my motor vehicle accident. What do I need to bring?
A: It is helpful if you can bring the following: pictures of your vehicle and the spot of the accident, any medical bills you have received, the accident report, the declaration page from your insurance company, and any correspondences between you and your insurance company or between you and the other party's insurance company. However, if you do not have these things, that's ok.

 

Q: What type of damages can be recovered on a personal injury case?
A: Damages can be recovered for lost wages, medical bills, pain & suffering, future medical bills, and property damage to your vehicle.

 

Q: What do you charge for handling a personal injury case?
A: Our firm takes personal injury cases on a contingency fee basis. The percentage is 33 1/3 percent of the recovery plus expenses. Also, the initial consultation is FREE.

Estates

 

Q: My loved one passed away and didn't have a will. Now my family is fighting over how to handle the assets and debts of the estate. Is there anything I can do?
A: Yes. We can help you file a Petition for Letters of Administration in the Probate court and get an administrator appointed to handle your loved one's estate.

 

Q: My loved one passed away and I am handling their estate. Can collection companies come after me personally for money for my loved one’s debts?
A: No, so long as the debt was only in the name of the deceased. If it is a joint debt, or if you guaranteed the debt, then the creditor may be able to pursue you individually for the money.

 

Q: I have a family member that passed away, do I need to go through Probate to distribute his/her assets?
A: You will need to set up a consultation to speak with the attorney to determine whether or not you will need to probate the estate. We do not recommend disposing of any of the decedent’s assets until you have spoken with the attorney.

Wills & Trusts

 

Q: I have a spouse and children, do I need a will?

A: We strongly recommend that you have an up-to-date will. In the state of Georgia, when you pass away, your assets get distributed equally amongst your heirs, not all to your spouse. This can cause some difficulty especially if your children are minors.

 

Also, if your children are minors, you need a will in order to name a guardian who will care for your children in the event that you and your spouse pass away at the same time.

 

Q: I have no family, do I need a will?

A: Yes, we do recommend you have a will even if you do not have family. You can state who you would like to handle your estate when you pass and where you would like your assets to go.

 

Q: My family member is immobile but wants a will. Can you come to our home or a nursing home to do their will?

A: For an additional fee, we can come to your home or nursing home to assist in completing a will so long as the person is of sound mind. The documents would have to be reviewed and approved prior to our attorney and notary traveling to sign the documents.

Child Support

 

Q: I want to know how much the child support will be for my case, how do I calculate the amount?
A: In the state of Georgia, the child support amount is determined by using the Child Support Calculator released by the Judicial Counsel of Georgia. Anyone can use the calculator at this web site HERE // Income Deduction Orders Here.


Please note, however, that there are a number of different factors can be used to determine the child support amount and it is best to have an attorney review the finances of both parties to be sure the number is accurate.

Personal Injury

 

Q: Does the type of insurance I carry affect my personal injury case?

A: Yes, it can affect your recovery dramatically. We strongly recommend that every person carry uninsured motorist (or UM) coverage to protect yourself in the even that you are injured by someone who is uninsured or does not carry enough insurance.

 

Q: After a settlement will your firm help me negotiate my medical bills?

A: Yes, as a courtesy our firm will assist in negotiating your unpaid medical bills which will mean more of your settlement will remain in your pocket.

 

Q: The insurance company called me after my accident, is it ok to speak with them?

A:  We do not recommend speaking with the insurance company until after you speak with the attorney. The insurance company typically requests an official statement from you and our attorney would like to be present during that statement.

 

Q: Do I need to report the accident to my insurance company even if the at-fault driver’s insurance is going to pay for the damage?

A:Yes. We do recommend you report it to your insurance company because there is a possibility they will need to be involved in certain cases.

Family Law

 

Q: My significant other is threatening to take our children out of state. Is there anything I can do to prevent that?
A: Yes. We can file the appropriate domestic relations case for you (such as a divorce or custody action) and ask the court to issue a Standing Order which governs the parties conduct until further Order of the court. Such Orders typically prevent the parties from removing the children from the State.

 

Q: I haven't heard from my husband/wife in years and I would like to get a divorce. I've tried to locate him/her but have been unsuccessful, what can I do?
A: Our firm works with experienced private investigators who may be able to locate the person. If they are unable to do so, we can request that the court allow us to serve the defendant by publication through the newspaper. If he or she does not respond, you will be allowed to proceed with your case. Note, however, that when service by publication is utilized, there are often limits on what the Court may award.

 

Q: I had a child with a person with whom I am not married. Who has rights to the child?
A: Georgia law essentially states that the mother of a child born out of wedlock has legal rights to the child, but the father must file a legitimation petition in order to secure legal rights to the child. The father is expected to promptly provide support to the child and to diligently pursue his parent-child relationship, even before anything is filed with the court. Failure to do so can result in a loss of parental rights. The mother may file a paternity action to obtain court-ordered support.

 

Other

 

Q: I need legal assistance, but I do not have any money. Is there anything I can do?
A: Yes. Georgia has government-funded programs to assist those who can not afford to hire an attorney. Their information is as follows: Georgia Legal Services 404-894-7707 or Legal Aid of Fulton County: 404-524-5811. the Plumley Law Firm, P.C. donates a certain amount of time each year to pro-bono cases, but they must qualify and be referred to us by these programs.

 

Q: I set up an appointment to come in for a divorce consultation, what should I bring?
A: You should bring a photo ID in case we ask you to sign documents that require a notary. If it is an uncontested divorce case, it can be helpful if you bring in a list of the things that you and your spouse have agreed upon, such as who will handle what assets and debts. If you have been served with a lawsuit, you should bring in the papers with which you were served. If you wish to modify a court order, you should bring in a copy of the order you seek to modify as well as any existing settlement agreement.

 

Didn't find your answer here? Call us at 770-439-2154