An attorney can help you navigate Workers’ Compensation

workers-compensation-coverage-resized-600If you are injured on the job, you have certain rights, benefits and responsibilities. Your employer also has obligations and responsibilities regarding all employees. The main focus of any business where an employee is injured on the job is to assist those workers in receiving immediate and quality medical care, to administer workers’ compensation claims from the initial injury until the closing of the claim and to safely return lost-time employees to productive employment.

Accidents are classified as being either catastrophic or non-catastrophic. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe burns, blindness or of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy. In catastrophic cases, you are entitled to receive two-thirds of your average weekly wage up to the maximum allowed under the law for a job-related injury for as long as you are unable to return to work. You are also entitled to receive medical and vocational rehabilitation benefits to help in recovering from your injury.

In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage but not more than the maximum allowed under the law for a job-related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced to two-thirds of your average weekly wage, but no more than the maximum allowed under the law, not to exceed 350 weeks.

Georgia developed it’s workers’ compensation system as an insurance program to help employees who have suffered an on-the-job-injury. On-the-job-injury means the employee must have been injured during the “course and scope” of their employment. If so, workers’ compensation may be required to pay for the employee’s medical benefits and part of the employee’s average weekly wages, otherwise known as “income benefits,” while the employee is recovering from their workplace injury. If you were injured during the course and scope of your employment, contact Blake Scoggins, LLC to evaluate your claim and protect your right to compensation.

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Attorneys at Blake Scoggins Law can help if you’ve been in a car accident

AutoAccidentwithAmbulanceAuto accidents happen every day and every day someone is injured because of another’s negligence. Negligence is determined by the “reasonable person” standard. In order to meet this standard, a person must exercise “reasonable care under the circumstances” and when someone fails to exercise reasonable care, they are considered to be negligent. When someone is negligent behind the wheel of an automobile and causes an accident, that person may be obligated to pay for another’s personal injuries and property damage. This negligence may be in the form of choosing to get behind the wheel of a car while intoxicated, failing to focus on the road by texting and driving or even failing to make appropriate repairs which leads to an accident.

In order to prove a negligence claim, the person bringing the claim, the Plaintiff, must prove the following:

  1. Duty to act as a reasonably prudent person would under the same or similar circumstances
  2. Breach of that Duty
  3. Actual and Proximate Causation
  4. Damages

To add a layer of complexity in these issues, insurance companies will do all they can to protect their profits and move to get a settlement from the injured party as quickly as they can. They will offer to pay some form of damages for the promise of signing an agreement to not pursue further legal remedies. No one should ever feel pressured to sign any legal documents without first consulting with an independent attorney.

Securing the aid of a lawyer is extremely beneficial in both proving the essential elements needed in a negligence action as well as to insure you receive the full compensation you deserve. Contact the attorneys at Blake Scoggins, LLC to schedule a free consultation so that we may examine your Personal Injury claim. Our number is 770-877-2258 or visit our website at www.blakescogginslaw.com.

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Why you need a lawyer if you are charged with DUI

Being pulled over is a stressful event for almost anyone. While many can deal with the nerves and the adrenaline dumping into their system when being pulled over, some can find themselves on the brink of a near panic-attack. The heart begins to hammer, breaths become short and rapid, sweat can form on the hands and brow and hands can being to shake uncontrollably. It’s the same feeling some experience when asked to speak in front of an audience.

Sometimes, combined with the knowledge of having had a glass of wine over dinner, the worry over getting a DUI may actually cause some to act far more incapacitated then they actually are. An officer seeing someone shaking, sweating, unable to stand still or walk a straight line may see all of the tell-tale signs of an inebriated person, but in reality, they are well within the legal limits, just panicked to the point of passing out.

In other cases, a person makes the mistake of thinking they are safe to drive and may be just a tenth of a point above the legal limit and suddenly find themselves in a terrible situation. We live in a society where losing the ability to drive almost certainly means a loss of a job, which can turn into financial tragedy for most families.  Having a DUI lawyer on your side is one thing you can do to help mitigate the damage to you and your family.

Although DUI is a misdemeanor in the state of Georgia, it can still have serious implications that will affect you, your life and even another’s life. A DUI conviction could lead to jail time, loss of your driver’s permit, probation, fines of $500 or more, substance abuse classes, DUI risk reduction classes, community service, etc. A DUI on your record could also hinder your employment status.

Whether or not you were truly intoxicated, knowing how to navigate this area of law enforcement and courtroom proceedings is not something to be left to chance. Don’t let a DUI put a damper or your life or your record. Call Blake Scoggins, LLC to set up a free consultation for us to review your case and protect your rights at 770-877-2258.

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When a marriage ends, you need the right attorney to help you

It’s a matter of statistics that for every marriage taking place this year, a little over half of them will end in divorce. Sometimes a couple just grows apart. Other times, both parties realize they have made a mistake. And, in some cases, the actions (or misdeeds) of one spouse make it impossible for the other spouse to continue in the marriage. Regardless of the reasons, having a skilled family law attorney at your side will help protect your rights and ensure a fair and equitable split.

If you are thinking about a divorce, a Petition to Divorce will need to be filed on your behalf with the court. Along with this, there will need to be a domestic relations financial affidavit, child support worksheets (if applicable) and more. Even if both parties are approaching the divorce in an amicable manner (uncontested), it’s important to have all of the paperwork filed properly with the court. And in cases of a potential fight (contested), it’s even more important.

Although you can file for divorce pro se (represent yourself), it would be beneficial for you to seek advice from an experienced lawyer to help you though this stressful time. Many pro se divorce cases will leave important factors out and a judge will send you home without a final judgment and decree for divorce. In order to avoid this, you should contact the attorneys of Blake Scoggins Law. We have handled numerous divorce cases, dealing in a variety of scenarios.

In Bartow County, Georgia, the Cherokee Judicial Circuit requires soon-to-be ex-spouses, to attend mediation prior to final settlement or judgment. Most of the time, there will be a temporary hearing on certain issues, a mediation, then a final hearing. If a case settles at mediation or prior to mediation, an order may be presented to the presiding judge for their signature. If not, then a hearing will need to be held.

Whichever the path, we can help you through this entire process. Our goal is to make sure you are treated fairly and judiciously within the confines of the law. Give us a call today for a free initial consultation.

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In need of an attorney for a juvenile matter?

One of our practice areas at Blake Scoggins Law, LLC, is centered around the practice of Juvenile Law. If your minor child has charges against them, or the Department of Family and Children Services has taken your children into their custody (or threatening to), call us today in order to protect your rights and the rights of your children. There are some specific areas that fall under the Juvenile Justice system and we have the experience you need in each of them.

A Child In Need of Services (“CHINS”), is a child that has been adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment or rehabilitation. To name a few, this can also include children who have missed more than the allotted amount of absences from school; a child that habitually disobeys their parents commands and is ungovernable; or even a runaway child. A “Delinquent Act”, defined by O.C.G.A. § 15-11-2(19), is an act committed by a child that is designated as a crime by the laws of the state of Georgia, or the laws of another state if the act occurred in that state. Either one of these could potentially lead to your child being placed in the Youth Detention Center or YDC. You will need an attorney to help protect your rights as a parent and your child’s rights.

A Dependency action can be a long and tedious process in the state of Georgia. Once a child is taken into custody of the Department of Family and Children’s Services (“DFACS”), within 72 hours, the Juvenile Court must have a Preliminary Protective Hearing (“PPH”). A PPH is simply a probable cause hearing to determine if there is enough evidence to label the children dependent. A Dependent child is one who has been “abused or neglected”; has been placed for care or adoption in violation of the law; or is without his or her parent, guardian, or legal custodian under O.C.G.A. § 15-11-2(22). After the PPH, DFACS has five (5) days to file a Dependency Petition. Within ten (10) days after the petition has been filed, there will be an Adjudication Hearing or the “10 Day Hearing”. Then, there will be another hearing within 75 days of the children being taken into care. You will need an experienced attorney to help you navigate through this process to get your kids back.

In all of the above instances, we have the legal knowledge you need to navigate the juvenile justice system, all while ensuring the rights of the child are not just upheld, but also championed. We are a firm that is dedicated to giving our clients the best possible outcome during their present situation and we will work hard to achieve that goal. Call us today for a free consultation at 770-877-2258 or come by our downtown Cartersville office located at 324 East Main Street.

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Welcome to our new website

We appreciate you taking the time to visit our brand new website. While we have tried to give you an accurate understanding of who we are and what we do, please feel free to call anyone at the Blake Scoggins Law Firm for any additional questions you may have.

Having a history in personal injury, juvenile law, family law and workers compensation, we are uniquely situated to handle your case. Our law firm strives to protect the interest and rights of each and every person that walks through our doors. We are not afraid to step up to the plate and go to bat for you.

There are no guarantees in the law and no lawyer can predict an outcome. What we can promise you is that we will meet with you in person, thoroughly evaluate your potential claim and give you an honest and realistic assessment of whether you have a viable claim and the potential of such claim.  At a minimum, we can provide you with the knowledge you need to determine how to proceed and what would be in your best interest.

Should you have any questions about our firm, whether you have a viable potential legal matter that needs to be addressed or have any questions as to whether our firm can be of assistance to you and/or your loved ones, please do not hesitate to call. You will speak with employees, not phone operators, and a lawyer will quickly address your concerns.  Thank you again for visiting our website.

Contact us today at 770-877-2258 for a free initial consultation.

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