Thursday, May 22, 2014

AUTOMOBILE INJURIES

Pain, disability and Financial Loss

By Sarah Mallas Wayman

You’re headed home from the store carrying food for dinner when suddenly, without any warning a car you never saw runs a stop sign and violently crashes into you on the driver’s side. Once healthy, you are now beleaguered with physical injuries and almost unbearable pain. Life has changed and the consequences may be permanent.

Georgia law requires all drivers to have liability insurance. But this doesn’t mean you are going to be made whole by a stranger representing the negligent driver’s insurance company. While in an ideal world that might be desirable, here it just won’t happen.

There are things you, your family or a lawyer should do immediately. First, cooperate with the police but don’t talk to strangers who aren’t with law enforcement. Next, have someone obtain the police report. They are easily obtainable at a modest cost.

You are required to report all accidents to your insurance company and with them, be very candid and thorough. They will answer your questions about medical coverage, car damage repair and more.

Medical attention in many cases is required. As soon as practicable, obtain copies of all emergency room reports, hospital recodes and any thing else regarding your treatment. Have someone take photos of your wrecked car, the accident scene and even the car that crashed into you.

Most of us want to avoid lawsuits and in many cases settlement can be accomplished without court intervention. But that will happen only when everyone acts in good faith with fairness. It is no sin to ask for what the law allows an injured person and that includes actual losses to property, out of pocket expenditures for medications and medical treatment, surgery, physical therapy, lost wages, loss of consortium and pain and suffering.

The question will almost always be what is the dollar value of all your losses? In many cases, you will benefit from having the help of a seasoned personal injury lawyer.

Remember, a case settled honestly and fairly is always possible. Even if a lawsuit is filed. Court supervised mediation can be a time saver and lead to a fair conclusion.

Feel free to call or email me with any questions.

Sincerely,

SARAH MALLAS WAYMAN
Attorney
(770) 804.8484
SMWlaw@bellsouth.net

Wednesday, May 14, 2014

WHAT EVERYONE NEEDS

WHERE THERE’S A WILL, THERE’S A WAY

Sarah Mallas Wayman, Attorney

If there is one bit of advice I would give to everyone it would be to see a lawyer you like and trust and have your will properly prepared. It is thoughtful on your part because you will not only avoid causing needless hardship after your funeral, you will have the satisfaction of knowing while you are alive that your property including real estate, jewelry, automobiles, money and heirlooms will go only to those you designated.  It will also avoid having your beneficiaries perceive you as callous and inconsiderate.

In some instances, there may be adverse tax consequences for an estate without a will. Planning ahead can lessen burdens and help avoid difficulties and certain expenses.

There is the element of peace of mind as well. Wouldn’t we rather take care of our affairs and show appreciation for our family and friends prior to becoming too ill to do so?

Making a will is a pleasant process. Fell free to call for a discussion. This is a subject dear to my heart and nothing pleases me more that to help a client plan those things that will happen someday.

If you don’t make a Will, the State of Georgia creates a Will for you.  In that process, the whole administration of an Estate can be unnecessarily expensive, laborious, tedious, and indeed, self-deceptive, because you knew better and did not do it.

As a former attorney-assistant to the Superior Court of Fulton County, I was acquainted with cases requiring court time, costs and expenses, and a delayed administration time because of the decedent’s “no-will stance”.

Inquiries are welcome. Contact me by phone or email with your questions.



Sincerely,

Sarah Mallas Wayman
Attorney
(770) 804.8484
SMWlaw@bellsouth.net

Friday, May 9, 2014

SOCIAL SECURITY DISABILITY CHECKLIST

Before Filing: What Basics are Needed

It often appears to those who have become disabled that the matter of filing an application with the Social Security Administration is easy as one, two, three. That's true: it is. But the result, a favorable decision awarding benefits is not that simple. Social Security has requirements many are not aware of and an entire body of law continues to expand making this confusing to the general public.

To be in a better position for approval, the application should be supported by medical, psychological and vocational evidence. In many instances, this will be simple provided you have your records in order. However, in many cases a claimant has no idea what these records show and is thus unaware as to how they will be interpreted by Social Security adjudicators.

Having the claim assembled and constructed to cover all bases just makes sense. A thoroughly prepared application may not mean that approval or an award is assured, but the likelihood of better consideration is improved.

Remember, you have to justify your application for benefits and that can be a very time consuming task. It is critical and that's where having an attorney on your side is valuable.

Wishing you success with your application.

Sarah Mallas Wayman
Attorney
(770) 804-8484
smwlaw@bellsouth.net