Click on the links below for answers to some frequently asked questions.
FAQs Concerning General Legal Information
FAQs Concerning Workers' compensation Law
FAQs Concerning Injury Cases Link
FAQs Concerning Domestic Cases
FAQs General Legal Information
The following questions are ones we are regularly asked by potential clients. If you should have questions other than those included below, please contact us for further information.
What is the cost for an initial consultation?
There is no charge for an initial consultation. If your injury case is accepted, you will not be required to pay any attorney's fees unless we successfully settle the case or win at trial. If your case is not accepted, no amount will be due. As to the non-injury case, a fee arrangement will be explained and detailed billing will be provided.
What is a contingency fee?
With injury cases, we do not charge hourly fees. When a case is accepted on a contingency basis, it means you will not pay any attorney's fees unless we successfully negotiate a settlement on your behalf or win your case at trial. Should we prevail, the contingency fee will be a specific portion of the recovery. There is no fee in your case if not settled or won at trial.
What percentage contingency fee do you charge?
Contingency fees vary depending upon the nature of your case. For example, we charge a 25% contingency fee for our services in workers' compensation cases. We believe our fees are standard within the industry. Please contact us to discuss your case and the applicable fee structure.
Is there a reason to contact an attorney immediately?
If you have been injured by the negligence of another person or while at work, you should not delay in contacting an attorney. By waiting too long, you may lose your legal rights, as all cases involve sensitive and serious legal deadlines, known as Statute of Limitations. In addition, it is important to allow your attorney the opportunity to gather critical evidence that may disappear as time goes by. An insurance company will have its employees investigating the case immediately — you should as well.
How long will it take to resolve my case?
Every case has its own time frame. Where possible, we do not explore settlement until you and your physicians feel that you are finished healing from your injuries. Once you have reached "maximum medical improvement" – that is, as good as you are going to get, our firm will make the appropriate settlement demand. In catastrophic cases, our settlement demands will contemplate future medical care. Nevertheless, some cases settle before a lawsuit is filed and others can take two or more years before being resolved.
FAQs Concerning Workers' compensation Law
The following questions are ones we are regularly asked by potential clients. If you should have questions other than those included below, please contact us for further information.
What is a "Workers' compensation" case?
In Georgia, an employee who is injured while in the course and scope of his employment is entitled to certain benefits. These benefits include a portion of salary while disabled as a result of the job-related injury. The injured worker is also entitled to medical treatment and a cash award for any permanent injury.
Do I need an attorney if I am on workers' compensation benefits?
Yes. There are many issues facing the injured worker. An experienced workers' compensation attorney can assist the injured worker by seeing to it that he or she is not taken advantage of and that all legal rights are protected. It has been our experience that the employer's representative seldom lets the injured worker know about all of his or her rights.
Is there a time limitation on filing my workers' compensation case?
Yes. Workers' compensation case just like other types of injury cases, are governed by what is commonly referred to as the "statute of limitations". In general, workers' compensation cases must be filed within one year from the date of accident or two years from the date that you last received workers' compensation weekly benefits. In cases where the employer provided medical care, an injured worker has one year from the last treatment date to file a claim. The employer is also entitled to notice of your injury within thirty days. The Statute of Limitations in workers' compensation cases is a tricky area of the law and must be appropriately evaluated by a qualified workers' compensation attorney. If you are considering bringing a workers' compensation claim, it is imperative that you contact us as quickly as possible so that we have sufficient time to thoroughly investigate your claim prior to the expiration of the Statute of Limitations.
If I was injured at work, should I bring anything to our initial meeting?
Yes. You should bring any correspondence that you have received from your employer, its workers' compensation insurance company, any medical bills and/or reports. If you do not have any of these documents, we will obtain them on your behalf if you elect to retain our firm.
FAQs Concerning Injury Cases
The following questions are ones we are regularly asked by potential clients. If you should have questions other than those included below, please contact us for further information.
Is there a time limitation to filing my injury case?
Yes. Injury cases are governed by what is commonly referred to as the "statute of limitations". In general, injury cases in Georgia must be filed within two years from the date that an injury resulted from the negligence of another person. If you are considering bringing an injury claim against a responsible party, it is imperative that you contact us as quickly as possible so that we have sufficient time to thoroughly investigate your case prior to the expiration of the Statue of Limitation.
Do I have to pay expenses as you handle my case?
No. At Sherrod and Bernard, all of our cases are handled on a contingency fee basis. That means we are not paid unless we are successful in winning your case. In addition, we will advance all of the costs associated with investigating and prosecuting your case. These costs include such things as ordering your medical records, copies, postage, witness fees and what your doctors charge us to provide testimony.
Should I bring anything to our initial meeting if I was injured in a car wreck?
Yes. If you have any of the following documents, it would be helpful if you brought them to our initial meeting: accident report, insurance information on any car in your household, medical bills for treatment concerning the accident, any correspondence from the at-fault driver's insurance company and any photographs that you have taken either of the wrecked vehicle or accident scene. If you do not have any of this information, don't worry. Our firm will gather the needed information for you if you elect to retain our firm.
FAQs Concerning Domestic Cases
What is an uncontested divorce?
An uncontested divorce means that both husband and wife agree on how to resolve all issues of their marriage and are willing to execute the necessary legal documents to finalize their marriage. These issues include property division; debt division; alimony, if any; child custody and visitation; and child support. Typically, after discussions between the parties, one of the parties hires a lawyer to draft the documents needed to obtain an uncontested divorce. These typically include: a settlement agreement describing how the issues are resolved between the parties, plus additional documents necessary to consummate the uncontested divorce. These documents are presented to the client for review. Once reviewed and approved, they are made available to the other side, who may obtain their own lawyer to review. Once all the documents are executed by both sides, a lawsuit for divorce is filed in the Superior Court of the county where the defendant resides, if in the State of Georgia. The settlement documents are also filed with the complaint. Typically, after 31 days, the parties are eligible for a divorce. Because they have reached an agreement on all issues, many times the attorney can obtain the divorce by Final Judgment and Decree without the need for the parties to appear in court. In some counties, the Court still requires an appearance by the parties. If the parties have children, many counties require them to complete a Children of Divorcing Parents Seminar approved by the Court. Typically these seminars run approximately $30 to $35; both parties do not have to appear at the same time at the seminar and the schedule of available seminars allows people flexibility to attend. Once completed, a certificate of attendance is given to the parties to be filed with the Court. When the file is complete, the Court will issue a Final Judgment and Decree of divorce granting the parties their divorce, assuming the file is in order.
What is a contested divorce?
A contested divorce is when the parties cannot reach an agreement on all issues prior to the filing of the lawsuit for divorce.
How long does it take to obtain a divorce?
An uncontested divorce takes at least 31 plus days from the time all the required documents are filed. A contested divorce will go through several phases and may settle at any point during those phases. The time involved in obtaining a divorce when the parties cannot agree depends upon the Court's caseload, the parties' ability to reach resolution at some point during the litigation, the nature of the issues before the Court, and the disposition of the parties toward an amicable resolution. In many cases, a contested jury trial will take approximately 18 to 24 months minimum to reach. In the case of a Bench Trial, the case is tried before only a Judge with no jury present. Usually the parties can obtain a divorce within 12 to 18 months. The duration of your case depends upon the circumstances of the parties, the issues involved, and the parties' willingness to resolve their case by agreement. Absent an agreement, there is no specific timetable as to how long your case may take.
What is mediation?
Mediation is typically required in all Superior Courts in Georgia before the matter will be heard, whether on a temporary basis or on a final basis. Mediation entails the parties and their counsel appearing before a mediator. The mediator is typically referred to as "neutral", indicating that the mediator has no involvement with the parties or the case. The neutral is supposed to be an unbiased family law trained professional experienced in assisting people in reaching a compromise. Mediation by its very nature requires a willingness to try to reach resolution. However, no party is required to agree to any resolution at mediation in which they do not voluntarily agree. Mediation is not arbitration; thus, the mediator, or neutral, does not make specific findings. Neutrals many times will give their best opinion to the parties about how a particular matter may or may not be judged in order to assist parties in determining what is fair in light of the risk of trial.
How attorneys are typically compensated for their professional services in a divorce?
Typically, attorneys will require a non-refundable retainer up front. The attorney will also bill by the hour for the attorney's time, for paralegal time, plus costs and expenses. Once the non-refundable retainer, or the floor, is reached, the client will receive a monthly statement itemizing activities on the file. Although attorneys are paid for their services as indicated above, the attorney will still request that the other side be required to reimburse the attorney's client for costs and expenses incurred in prosecuting the case. In considering whether to award attorney's fees, the Courts look at the parties' historical circumstances, the parties' earning capacities, the cause of the break-up of the marriage, the ability of the opposite spouse to pay attorneys' fees, and the ability of the parties to appropriately defend or prosecute the case on a level playing field. Typically, if one would not be entitled to alimony under Georgia law, they would not be entitled to attorney's fees in a domestic case. Parties that frivolously expand the litigation for vexatious reasons may also be held liable for attorney's fees under certain circumstances.
How can I determine what the child support will be?
Georgia has what is known as "The Georgia Child Support Guidelines", these provisions are published and available on-line. The current law on child support takes into consideration both parents' incomes, the number of children subject to child support in the marriage between these parties, and other circumstances. Unless there is a bona fide reason for deviation from the guidelines, such as extraordinary medical expenses, extraordinary needs, or other special circumstances, the Court will not deviate from what is in the guidelines. The guidelines consider the parties' contribution to the overall household income as a component of the calculation. The Court typically requires a vast number of documents called worksheets, which take into account income, expenses, and other issues. If your spouse does not claim income, but works, the Court will look at the spouse's circumstances, spending habits, lifestyle issues, and the like, and may impute income to the spouse. If your spouse sometimes receives overtime, the Court many times looks at an average of historical earnings when determining what is appropriate under the guidelines. A large number of exceptions exist, and one should consult with counsel concerning this daunting area of domestic relations practice.
What is the difference between physical custody and legal custody?
Physical custody is typically where a child resides on a regular and routine basis. It is typically the parent with whom the child's primary place of abode is established. Legal custody is who has a say-so in the health, education and non-emergency welfare of the child. Under Georgia law, joint legal custody is preferred, meaning that the parties are required to confer on all non-emergency matters pertaining to the child. If the parties cannot agree, the Court typically establishes as the final arbiter, the primary physical custodian. The primary physical custodian is usually required to confer in good faith on non-emergency matters; however, after conferring in good faith, if the parties are unable to reach an agreement, the primary physical custodian can break the tie.
How can I get relief if I am suffering physical abuse?
Georgia law provides that one may petition for a temporary restraining order, also known as a temporary protective order. Many lawyers will seek a TRO/TPO as part of their original filing in a contested divorce action if the circumstances warrant. Notwithstanding, anyone in fear for their physical safety, or the wellbeing of their children, should immediately seek help by calling 9-1-1. No court order or piece of paper, by itself, can protect someone from domestic violence. A TRO/TPO is simply a tool to help aid in the overall protection. One must use common sense and exercise reasonable caution when dealing with an abusive spouse. Help through counseling and other services are available throughout the community. Your attorney is in the best position to direct you to the appropriate resources.
