Legal Advice

Seeking Medical Treatment after a Car Accident?

2009-06-08T12:25:00.000-07:00

If you have you ever been injured in a car accident, you probably felt the injuries right away or within a few days. Though it is recommended that you see a doctor as soon as possible, many people wait too long until their conditions worsen. Unfortunately car accidents can cause injuries to many parts of your body, and when this happens to you, you need to think about your future.

First you need to make an appointment with your primary care doctor. If you do not have one, you can visit your hospital or local clinic. Following this, they will refer you to a Physical Therapist or advise you to go to a multi-disciplinary facility. Here, you can be treated for various treatments, and work with a physician, a chiropractor or a physical therapist,

If you or a loved one has been injured in a car accident in the Atlanta area or any part of Georgia, I would invite you to contact the Atlanta Accident Attorneys at 770-351-0651.

Accident Attorneys of Atlanta Sponsors Major League Girls’ Softball Team in Sandy Springs

2009-04-28T09:02:00.000-07:00

As a leading provider of legal services in the metro Atlanta area, Accident Attorneys of Atlanta is proud to sponsor the Gators, a Major League Girls Softball Team at Morgan’s Fall Park in Sandy Springs. Sandy Springs Youth Sports’ (SSYS) at Morgan Falls Athletic Fields provides the best youth baseball and softball programs in the state of Georgia.

“In this industry, we see so many opportunities to give back to the community,” says Scott Monge, founder of Monge and Associates, the Accident Attorneys of Atlanta. “We are happy to support this tradition because it helps these girls learn the fundamentals of the game, enhance their athletic skills and develop their self esteem. It also allows us to nurture a competitive spirit that will serve them throughout their lives.”

SSYS is both a nonprofit and volunteer organization that is run by a volunteer Board of Directors comprised of individuals and business leaders from Sandy Springs. Through their work with SSYS, Monge and Associates sponsors a team of fourth and fifth grade girls who attend public and private schools in the Sandy Springs area. Most have been playing on average for three years.

“In partnering with this great organization, we can assist them in meeting the parks’ expansion and improvement goals,” Monge says. “Our goal is to serve these families who want a great softball experience in the community in which they live.”

The Best Book every Lawyer needs to Read: Good to Great

2009-04-21T07:58:00.000-07:00

I’m reading a great book right now called Good to Great: Why Some Companies Make the Leap... and Others Don't by Jim Collins. A friend of mine gave it to me as a present and with my schedule being so busy I haven’t had the time to read it. This weekend, I started reading Good to Great and I haven’t put it down since. Collins analyzes several companies such as Fannie Mae, Walgreens, and Circuit City by measuring their success rate by using different research models. He talks about how companies who were once big businesses went from Good to Great overnight. With so many companies struggling today, Good to Great is an outstanding book to show how to keep your business growing. The Accident Attorneys of Georgia has a growing success rate and I think any company can take away several from the tips Collins outlines in the book to help their business thrive.For more information on the Accident Attorneys of Georgia please visit our website...

-Scott Monge

Different Types of Lawyers

2009-04-18T13:22:00.000-07:00

1.personal injury lawyers
2. accident attorneys
3. motor vehicle accident lawyers
4. immigration lawyers
5. family lawyers
6. accident and personal injury lawyers
7. asbestos lawyers
8. business and corporate lawyers
9. bankruptcy lawyers
10. employment lawyers
11. compensation lawyers
12. malpractice lawyers
13. software lawyer
14. securities lawyer
15. criminal lawyer
16. nursing home lawyer
17. entertainment lawyer

How To Find An Excellent Lawyer

2009-04-15T12:54:00.000-07:00

The legal profession is saturated with lawyers ready and willing to help you solve your legal issue. If you have a complex and or costly legal matter, you should consider getting a lawyer to assist with your case. Most lawyers do way more than dispense legal information. They can offer strategic advice and apply technical skills to legal problems. A lawyer should serve as your “legal coach” and educate you as a member of your formal legal counsel.

How to Find the Right Lawyer
Locating a good lawyer is a difficult process. When looking for a lawyer try to find someone who can effectively generate a solution to your particular problem. Looking in the phone book or reading an advertisement may not be the best sources for finding a lawyer. Use your resources and investigate the lawyer that you feel will best suit your case.

Personal Referrals
In my opinion, the best method of finding a lawyer is by asking for a personal referral. Ask the people you associate with if they have legal representation. If they know of anyone available, then look into their recommendations. By doing this chances are that you will discover some excellent leads. Don’t make the decision solely based on the recommendation. Opinions will vary and no two cases are the same. Met with the lawyer, then discuss your case, and base your decision on how comfortable you feel working with him or her.

For more information on personal injury attorneys please click here.

Letter N Legal Terms

2009-04-08T09:00:00.000-07:00

Naturalization: The process by which an immigrant becomes a citizen of the United States.

Net estate: The value of all property by the deceased minus liabilities and debts.

Nolo contendere: A plea by the defendant that neither admits or denies the commitment of the crime, however, agrees to a punishment as if they were guilty of the crime.

Novation: The substitution of a new contract for an old one.

These terms are brought to you by the Atlanta Accident Attorneys.

Letter M Legal Terms

2009-04-01T09:20:00.000-07:00

Malfeasance: committing an illegal act. This term is usually associated with a professional committing an illegal act that is disruptive in their duties.

Mediation: A method used to settle the dispute between the opposing sides outside of court in which a neutral party, the mediator, helps to find a solution that satisfies both sides.

Misdemeanor: A crime that is less severe than a felony and only punishable up to a year.

Misfeasance: When a public official conducts his work in a "technically illegal" manner.

Mistrial: A trial that ends before completion with no verdict.

These terms are brought to you by the Atlanta Accident Attorneys.

Letters K&L Legal Terms

2009-03-24T09:30:00.000-07:00

Kindred: includes all relatives of a deceased person.

Larceny: non-forceful theft.

Legal custody: the right and duty to raise a child that is usually shared by both parents.

Legal risk placement: a type of adoption that is not guaranteed. Adoptive parents "adopt" the child before the child is born and if the birth mother decides to keep the baby after birth, the adoptive parents must relent.

Lewd: any behavior that is considered offensive and indecent. Some examples include: pornography and indecent exposure.

Lex loci: "The law of the place" which means the local law.

Liability: something for which a person is liable or responsible for like debt.

Liquid assets: Company items that can be changed to cash easily and quickly.

Living will: A legal document stating the author's wishes for life-prolonging treatments and health procedures when the author is unable to communicate their wishes.

These terms are brought to you by the Atlanta Accident Attorneys.

Accidents Direct

2009-03-24T06:39:00.000-07:00

Read the feature about our No Fee Guarantee on the
Accident's Direct website!

No Fee Guarantee

2009-03-20T06:20:00.000-07:00

As a leading provider of legal services in the metro Atlanta area, Accident Attorneys of Atlanta is proud to offer clients their “No Fee Guarantee” in all injury cases. Under this service, the firm of Monge and Associates promises that clients receive no fee until their case is won.

At Accident Attorneys of Atlanta if we can’t get a settlement offer in your case, you don’t pay us any fee. We only represent injured people, and we never represent insurance companies. When you only get one chance at a good settlement, this is the best way to approach your case.

In addition to this, we specialize in a variety of areas including Motor Vehicle Accidents, Workers Compensation, Wrongful Death, and Slip and Fall cases. Clients work with a team of expert attorneys who will meet with them in the hospital, in their homes, or anywhere in the state of Georgia.

Our “No Fee Guarantee” sets us apart from other top firms in Atlanta. In this current economic climate, our goal is to make this process as affordable and convenient as possible. When you are injured and need results fast, this service is invaluable.

Letter J Legal Terms

2009-03-18T08:01:00.000-07:00

Jurisdiction: The authority of the court to hear and decide the outcome of the case.

Jury Nullification: The jury's decision to acquit a defendant who has committed a violation of the law that the jury finds to be unlawful and wrong.

Joint Tenancy: A method allowing for two individuals to share ownership of property or real estate.

These terms are brought to you by the Atlanta Accident Attorneys.

Accident Attorneys of Atlanta Gives Back

2009-03-17T10:29:00.001-07:00

As a leading provider of legal services in the metro Atlanta area, Accident Attorneys of Atlanta is proud support a variety of local and national charities including Camp Twin Lakes, UNICEF, and the Children’s Miracle Network.

In this industry, we see so many opportunities to give back to the community. We are thrilled to assist these organizations in any way that we can. It is so rewarding to help these deserving individuals.

Monge and Associates participates in an array of events including the Annual Golf Tournament, the Junior Board Camp Dance, and the ING Georgia Marathon through our work with Camp Twin Lakes.

At Accident Attorneys of Atlanta we always strive to protect our clients’ rights. Our commitment to charity is just an extension of our firm’s dedication to serving others.

Letters H&I Legal Terms

2009-03-11T10:06:00.000-07:00

Hearing: In the trial court context, a legal proceeding held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.

Indispensable party: A person or entity that must be included in a lawsuit in order for the court to render a final judgment that will be just to everyone concerned.

Injunction: A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions. Injunctions can be temporary; pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a "mandatory injunction" to order a party to carry out a positive act--for example, return stolen computer code.

Inure: To take effect, or to benefit someone. In property law, the term means "to vest.

Issue: A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on.

These terms are brought to you by the Atlanta Accident Attorneys.

Letters F & G legal terms

2009-02-28T10:00:00.000-08:00

Fault: responsibility for wrongdoing or failure

Fault: responsibility for wrongdoing or failure

Felony: a crime the nature of which is serious enough for you to spend one or more years in jail

Fiduciary Duty: an obligation to act in the best interest of another party

Good Faith: a compliance with the standards of decency and honesty

Grand Jury: is a group of civilians convened to determine whether or not a criminal case has enough merit to proceed to trial

Guarantee: a legal agreement where a person agrees to guarantee the obligations of another

Guarantor: the person who provides a guarantee on behalf of another

These terms are brought to you by the Atlanta Accident Attorneys.

Property Damage FAQ

2009-02-19T13:47:00.000-08:00

Being involved in an accident can be a very traumatic experience for all involved. Then the added stress of not having transportation or trying to figure out the process of getting your car repaired may seem overwhelming. Below you will find answers to some frequently asked questions:

Q: Do I need my attorney's office to communicate with the insurance company concerning damages to my car or should I call them directly?

A: Although we will be more than happy to answer any questions you may have, we have found that it is faster and more efficient if you work directly with the insurance company in getting your car repaired. Your situation may be uniquely different and you are the best person to convey concerns about your vehicle to the insurance company.

Q: Can I get a rental car while my car is being repaired?

A: Yes, while your car is being repaired the insurance company will pay you for alternate transportation until your car is returned to you. Every insurance company has different guidelines on how they handle this so contact the adjuster assigned to your file for details.

Q: Why is the check I received for repairs from the insurance company less than the estimate I got from my repair shop?

A: This is a very common occurrence and should not alarm you. The check the adjuster has sent is based on a visual estimate and may not include hidden damage. Your repair technician will contact the insurance company directly and request payment for any additional repairs not included in the original estimate.

This article is brought to you by Atlanta Accident Attorneys.

What should I do if I'm involved in an accident?

2009-02-19T12:23:00.000-08:00

After being involved in an accident so many things go through your mind that you may not be sure of what to do. Here is a list of to do's at the time of an accident:

Promptly report the accident to the police.
If you have a camera, take pictures at the scene of the accident.
Obtain names, address, and driver's license numbers as well as insurance company and policy number of all involved vehicles.
Do not admit responsibility or make any statements regarding the accident to anyone except the police officer or your insurance company.
Obtain names, addresses, and phone numbers of all witnesses.
Protect your vehicle from any further damage.
Report your claim to your insurance company.
Advise the officer of your injuries.
Obtain the incident report from the police officer as well as inquire if here are any traffic citations being given.

For More Information please contact the Atlanta Accident Attorneys.

Letter E: Legal terms

2008-12-02T11:20:00.000-08:00

Escrow: money paid into an account in the name of a third party which is then released once certain conditions have been fulfilled

Estate: a person's assets minus their liabilities at any given time

Evidence: everything used to determine the assertion of truth

Executor: person named in a will to dispense the estate person, this is not to be confused with the beneficiary

Exhibit: evidence and or documents provided to a court to support a claim

These terms are brought to you by the Atlanta Accident Attorneys.

Legal Definitions: Letter D

2008-12-01T08:02:00.000-08:00

Damages: money paid to someone who has suffered injury or loss as a result of an action by a third party

Debtor: someone who owes money to a creditor

Decision: the verdict of a court in a case

Deed: a written legal document describing a piece of property and setting out the boundaries of that property

Default: is the failure to do something required of you under contract – an obligation. Ordinarily the obligation is to pay money, which is what you do not pay, would mean you are in default of the contract

Defendant: person who has charges to answer (criminal), or is being sued (civil)

Defined Benefit/Contribution Plan: a defined benefit plan and a defined contribution plan are forms of 401(k) retirement plans there are restrictions on how and when a person can withdraw money

Deposition: witness testimony under oath and recorded for a later date

Discovery: the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case

Dismissal: the termination of a case

Double Jeopardy: is the process of being tried twice for the same crime/offense, this is a process prohibited by the 5th Amendment

Due Process: according to The U.S Constitution, "[no] person shall be ... deprived of life, liberty, or property, without due process of law".

These terms are brought to you by the Atlanta Accident Attorneys.

Catastrophic Injuries

2008-11-11T07:42:00.000-08:00

With convenient office locations, The Accident Attorneys provide quality legal services and aggressive representation to catastrophic personal injury and accident victims. Injury cases are the ONLY kind of cases we handle and we have been able to obtain millions of dollars in compensation for families and individuals throughout the state of Georgia.
Catastrophic personal injuries include:

Brain injury / closed head injury claims
Spinal cord injury / paralysis claims
Severe back injury claims (herniated disk, protruding disk)
Claims resulting from amputations
Scarring and disfigurement claims
Hearing loss / vision loss claims

Most of these injuries will require lifetime care.We have the experience required to stand up to the big businesses and insurance companies and to obtain fair compensation for your loved one's brain damage, spinal cord, or other catastrophic injury.

Negligence and other legal definitions

2008-11-08T05:56:00.000-08:00

A negligence case depends on one person being found negligent in dealing with the other. What establishes negligence may not be seen as obvious at a glance. Without negligence being proved in a lawsuit there is no case and damages cannot be rewarded.

What is negligence?

A person is negligent when he or she fails to act like the standard ordinary reasonable person. A critical issue in many cases is how an "ordinary, reasonable person" was expected to act in the particular situation that caused injury. An ordinary, reasonable person can travel down the Interstate at 65 miles per hour. However, if an intense sunlight is present, the same ordinary, reasonable person should reduce his/her speed of travel. Deciding whether a given person has met his/her "ordinary reasonable person" standard is often a matter that resolved by a jury after presentation of evidence and argument during a trial.

What is ‘comparative negligence’?

Comparative negligence when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". For example, suppose one person was driving without their lights on in a patch of dense fog on the highway and hit a car. But the car that hit the person was going to fast. When each party in a situation has a degree of negligence in causing an accident, the responsibility to the other person is reduced by the other person’s degree of negligence. A jury might decide that the driver going to fast is 60% responsible while the driver without lights on would be 40% responsible. The state law will determine who will recover what in a case of comparative negligence.

What is proximate cause?

Proximate cause happens due to negligence or an intentional wrongful act. In order to win a lawsuit for damages due to negligence or some other wrong, it is essential to plead proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter.

What is an ‘intervening cause’?

An intervening cause comes between one act or failure to act which alters the natural and continuous series of events that follows. When an intervening cause is present, the natural chain of events have been changed due to the subsequent act of another, the initial person may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the glass bottle and throwing it through the window is an intervening cause. The responsibility for injury to the man is shifted and the stranger's act becomes the intervening cause of the man's injury.

This article was written by the Atlanta Accident Attorneys.

Legal Definitions: Letter C

2008-09-10T14:05:00.000-07:00

Capital Gain / Loss: the profit or loss, as the case may be, from the sale of an asset – such as your home. Ordinarily, but not always, capital gain will be taxed

Cause of Action: a specific claim for which a plaintiff seeks compensation

Caveat Emptor: Latin meaning “buyer beware”, idea that the buyer is taking full responsibility for the conditions and terms before purchasing

Certified Copy: also known as “certified true copy”, this is a document signed as being a true copy of the original

Certify: to testify in writing

Class Action Lawsuit: is where two or more plaintiffs bring a case against another

Conflict of Interest: when an individual or organization has interests that might compromise their reliability

Consideration: is the thing, usually money, which you pay, under a contract, in exchange for getting something else

Contract: is a legal agreement entered into between two or more persons, known as “parties to the contract”, whereby an offer is made and accepted

Counsel: A lawyer or attornel also known as legal representative

Creditor: a person that you owe money

These terms are brought to you by the Atlanta Accident Attorneys.

Basic legal terms: Letters A & B

2008-08-11T13:05:00.000-07:00

Adjournment: is a temporary postponement to a case

Affidavit: a formal sworn statement of fact signed by a declarant and witnessed by a taker of oaths

Appeal: a request made to a higher court to overturn the judgment of a lower court

Award: a decision, usually by an arbitrator, in favor of a plaintiff or defendant, as the case may be

Bail: money paid to the court to guarantee the defendant’s court attendance at a later date.
Money paid is more commonly known as a bail bond

Bankruptcy: a process governed by federal law where a person cannot pay bills when due and payable – chapter 7 and chapter 13 bankruptcy actions

Beneficiary: natural person or legal entity in a will or insurance policy. A beneficiary may also be the equitable named person under a trust, where the legal owner is the trustee

Brief: a legal document that sets out the legal arguments in a lawsuit. It is a written legal document used in various legal presented to a court arguing why the party to the case should prevail.

Burden of Proof : the responsibility of proving a disputed charge or allegation.

These terms are brought to you by the Atlanta Accident Attorneys.