February 16, 2012
 

Georgia Man Wins $2.3 Million Lawsuit After Suffering Serious Injury From A Fall At Kroger

grocery_mitnick_alpharetta attorney.jpgCraig Walters, a longtime customer of Kroger's, was shopping at their Ridge Road store in Douglasville in May 2008 when he slipped on some crushed fruit that was on the floor. According to the Douglasville Patch, he fell on his back with such force that he injured his spine severely requiring back-fusion surgery and the insertion of rods and screws to help stabilize his spine. Mr. Walters asked Kroger to help him with his medical bills which had run up to almost $135,000 but they said they were not responsible for his accident and would not help him. That was when Mr. Walters turned to a Georgia premises liability attorney for help.

Owners and managers of property, including commercial property, are required by law to maintain their premises in a safe manner. Being a grocery store, managers and store personnel knew or should have known that people drop food items frequently and need to be vigilant about keeping floors clean and free of debris or any item that could potentially cause a slip & fall accident.

During the investigation of Mr. Walter's accident it was discovered that Kroger had a camera in the area of the store where he suffered his spinal injury. But when asked about recovering video footage from the camera Kroger said it did not cover the area where Mr. Walters had slipped. It was later discovered that the camera did cover the area of the accident. Ultimately it came out that Kroger lied about having video of the area and then destroyed any video evidence that might have been on the tape. Video evidence would have been very important in showing, not only that there was a spill of some kind on the floor, but also would have shown how long it was left there without being attended to.

Continue reading "Georgia Man Wins $2.3 Million Lawsuit After Suffering Serious Injury From A Fall At Kroger" »

January 30, 2012
 

Steps After a Car Accident

Alpharetta GA Car Accident AttorneyIn Georgia, twice as many people are killed in crashes in rural counties as are killed in the five metropolitan Atlanta counties. The guidelines are generally the same if you're involved in an accident in a rural area of Georgia. But there are a few differences to consider:

Stay at the Scene of the Georgia Car Accident

The general rule is that if you are involved in any type of car accident, even a fender bender, it's important to stay at the scene. There are serious legal ramifications for leaving the scene and committing a "hit and run". However, if you are in a rural, or deserted area, and are involved in an accident, experts suggest using caution when getting out of your vehicle. Unfortunately, there are people who have "bumped" another car to get them to pull over and then harm or rob the driver when they exit the vehicle.

If you were in a non-serious car accident and feel unsafe getting out of your vehicle, you can also drive the nearest gas station or police station to report the accident. If the other driver turns out not to have any ill-conceived plans, you may be embarrassed, but safe.

Call for Help After the Cumming Car Accident

It's important to check that everyone is okay and then call for help after a Georgia vehicle accident. If someone is complaining of neck injuries, it's best not to move them, instead wait for an ambluence.

During the chaos, it's easy to want to apologize and accidentally admit guilt for the accident. The time right after an accident can be overwhelming, by apologizing or admiting guilt (even if it ends up not being your fault), you can implicate yourself unnecessarily.

As you're waiting for police, it's great if you can talk to witnesses. Even in rural areas of Georiga, there may be people that saw the accident. Write down their information, if possible, you can then pass this information onto your car accident attorney, insurance companies and the police.

Contact an Alpharetta Car Accident Lawyer

If you're involved in a car accident, in a rural or metropolitan area of North Georgia, an experienced Alpharetta car accident lawyer can help. If the accident was caused by someone else's negligence, you are entitled to compensation. Call the law offices of Daniel W. Mitnick today to discuss how they can help you build a strong and convincing case to get the compensation you deserve.

January 18, 2012
 

Georgia Adoption: Where to Start

Alpharetta Adoption LawyerAccording to the Adoption Institute, over half of Americans are somehow connected to adoption. In Georgia alone, there are 13,965 children in foster care; 2,370 of these children are waiting to be adopted.

Having the desire to adopt is usually the first step in starting the adoption process. But, after that, it can be difficult to know where to begin. There are a variety of options prospective parents can use to find a child to adopt.

Navigating the Foster Care System with an Adoption Attorney

With nearly 14,000 children in Georgia in foster care, there are children just waiting for a loving home. Foster parenting is a wonderful way to start the adoption process since nearly 20% of children in the foster care system are eligible for adoption.

If you are looking to adopt more than one child, there are also many sibling groups available for adoption through the foster care system. Even in the foster care system, it's helpful to have an Alpharetta lawyer working with you to make sure that your adoption goes smoothly.

Adoption Agencies and Adoption Lawyers

Adoption agencies are a helpful resource for families looking to adopt. Working with both birth parents and prospective adoptive parents, adoption agencies match families.

For parents considering international adoption, an adoption agency is a great place to start. Many adoption agencies specialize in handling adoptions in certain countries. Even when using an adoption agency, it's wise to consult a Georgia family law lawyer with adoption experience.

Word of Mouth

By telling friends and family you're interested in adopting, they'll be able to let you know if they hear of a child that's available for adoption, or a birth mother looking for adoptive parents for her child.

Sharing your desire to adopt with your doctor or lawyer can also be a way to get connected with a birth parent looking to put their baby up for adoption.

How a Cumming Adoption Lawyer Can Help

Regardless of how you start the adoption process, it's important to have a qualified family law attorney. Adoptions can be complicated, consider hiring an experienced Alpharetta adoption attorney, like those at the Law Office of Daniel Mitnick, to guide you through the process.

December 30, 2011
 

Child Custody and Visitation Rights

Alpharetta Child Custody AttorneyNFL Linebacker Accused of Child Abuse in Custody Case

The Giants' linebacker, Michael Boley is being investigated on accusations that he physically abused his 5-year-old son. Boley is in a child support dispute with the mother of his child. Boley is being represented by an Atlanta based attorney. If you and your child's parent are developing a child custody plan, an Alpharetta child custody attorney can help you.

Child Visitation Attorney In Alpharetta

Determining how custody and visitation rights should be shared among parents is usually a difficult task. Most parents are very emotionally involved in these determinations, which makes the process more difficult. An Alpharetta child custody lawyer can guide you through this process. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. In Alpharetta, the laws surrounding custody and visitation do not favor either a mother or a father. If you and you ex are in the process of coming up with a parenting plan, seek the guidance of an Alpharetta child custody lawyer.

Contact a Cumming Parenting Plan Lawyer

A parenting plan will outline the custodial rights of each parent. A Cumming child custody attorney can help you and your ex come up with a parenting plan that is appropriate and fair. If you are concerned about custody or visitation rights following a divorce or break up, contact an Alpharetta parenting plan lawyer. At the Law Offices of Daniel Mitnick, an Alpharetta based firm, we understand how important your children are to you. Contact the experienced child custody attorneys at the Law Office of Daniel Mitnick today.

December 17, 2011
 

Georgia Bankruptcies Rank 3rd in U.S. on Per Capita Filings for 2011

Alpharetta Bankruptcy LawyerThe numbers of bankruptcies filed in 2011 are slated to be the second highest since 2005. In Georgia in 2011, 54,811 Chapter 13 and 7 bankruptcies were filed with Georgia ranking 3rd in the nation on per capita filings. The number of people filing for bankruptcy reflects on the difficulty Americans are having in paying their debt in the current economy.

Is Bankruptcy The Right Decision In My Situation?

More than seven people file for bankruptcy for every 1,000 people in Georgia. Chapter 13 and Chapter 7 bankruptcy is becoming more commonplace for those struggling financially in the State of Georgia. If you are having a difficult time with managing your debts and are thinking about filing for bankruptcy, call your Alpharetta bankruptcy attorney at the law offices of Daniel W. Mitnick for a free confidential consultation.

North Georgia Bankruptcy Attorneys Provide Free Consultation

Bankruptcy is a major often life-changing decision that has a negative effect on your credit report for up to 10 years. If you plan to file Chapter 13 or Chapter 7, contact the Atlanta Metro and North Georgia bankruptcy lawyers that are experienced in the regulations in the State of Georgia. The law offices of Daniel W. Mitnick can assist you not only in your decision, but expertly guide you through the often confusing legal process.

How Does Chapter 13 and Chapter 7 Bankruptcy Differ?

Chapter 13 bankruptcy involves a court assisted repayment schedule for your debts. Your assets are generally not at risk.

Chapter 7 bankruptcy is a legal process where most of your debts are wiped clean. With this type of bankruptcy you may be at risk for losing certain specific assets which your Cummings area bankruptcy attorney will go over in detail with you.

The Cumming and Alpharetta bankruptcy lawyers at Daniel W. Mitnick are ready to assist you through this difficult time. Contact the office for a free bankruptcy consultation on your specific situation and start to rebuild your life and credit.

November 30, 2011
 

Drug Possession Charges in Alpharetta

Alpharetta Drug Possession LawyerAlpharetta, Georgia Drug Crime Attorney

According to a recent report by CBS News Atlanta, approximately 60% of inmates in Georgia are drug and property offenders. Many of these offenders are low risk criminals. Regardless of their status as low risk criminals, drug offenders are punished severely in the state of Georgia. If you have been charged in a drug related matter, it's best to be represented by an experienced Alpharetta drug charge attorney. The drug crime attorneys at Daniel Mitnick's Alpharetta law firm will work hard to see that your drug charge does not become a serious conviction.

Drug Possession Lawyer, Cumming

What controlled substances are illegal in Georgia?

The Georgia Criminal Code establishes five schedules of controlled substances. Schedule I substances include such drugs as heroin, LSD, and MDMA also called ecstasy.  Schedule II substances include such drugs as cocaine and amphetamine. Schedule III drugs include various stimulants and depressants as well as certain anabolic steroids. Schedule IV substances include various stimulants and depressants. Schedule V controlled substances include substances containing limited quantities of certain narcotic drugs along with other ingredients designed to confer additional medicinal qualities.

Contact a Drug Crime Lawyer in Alpharetta Today

The penalty that accompanies a drug possession charge in Georgia will depend upon the types of substance you are charged with possessing. The number of times you have been a drug possession offender will also calculate into the severity of your penalty. If you have been charged in a drug related matter, take this charge seriously. Contact the Alpharetta drug charge attorneys at the Law Offices of Daniel W. Mitnick today.

November 21, 2011
 

DUI Charges and Defenses

Alpharetta DUI LawyerGeorgia Police Chief Arrested for DUI

The police chief of the city of Morrow, GA was placed on leave after being arrested for DUI in Clayton County on November 17, 2011. The police chief was placed on administrative leave after Clayton County police arrested him early Thursday morning. Even wise people make unwise decisions, such as driving under the influence. However, sometimes drivers are wrongfully charged with DUI. If you have been charged with DUI, don't feel completely defeated and helpless. There may be solid defenses to your DUI charge. Consult an Alpharetta DUI lawyer if you have been charged with DUI.

Alpharetta DUI Lawyer

You may be surprised by how many defenses there are to a DUI charge. The prosecution must prove beyond a reasonable doubt that you are guilty of the accused DUI crime. This is not an easy task for the prosecution, especially if an experienced Alpharetta DUI attorney represents you. The prosecution must also have probable cause before they can pull you over to charge you with DUI. The Roswell attorneys at the law offices of Daniel W. Mitnick will help you find weaknesses in the prosecutions case.

DUI Attorney in Cumming GA

A DUI charge is not an automatic conviction. Even if you think the prosecution has a strong case to convict you, there are several defenses you may be unaware of. A Cumming DUI lawyer will inform you of your rights and make sure you know all of your options. If you have been charged with DUI, contact the Alpharetta and Cumming based law offices of Daniel Mitnick. We will work hard to keep you free from conviction.

October 31, 2011
 

Georgia Laws: Using A Cell Phone While Driving

Alpharetta Car Accident LawyerDistracted driving due to the use of a cell phone has continued to be a problem throughout our country. While there is no nationwide law regarding the use of cell phones while driving, some states have taken the matter into their own hands.

What Are The Cell Phone Driving Laws In Georgia?

Georgia is one of the states that created a cell phone law to help keep the roads safer. It is illegal to use a cell phone in any way while driving if you are driving a school bus or if you are under 18 years of age. However, it is illegal for all drivers to text while driving in Georgia and 34 other states.

A report done by the National Safety Council recently showed that an estimated 1.1 million car crashes that occur each year involve drivers who are using cell phones at the time of the crash. Additionally, 200,000 crashes each year involve drivers who are text messaging.

Even though all cell phone use while driving is not banned in Georgia, it is still important to be careful when doing anything that distracts you from the road while driving. Whether you are calling someone or eating lunch on the go, any distraction can cause an auto accident that could have been avoided.

Alpharetta GA Car Accident Lawyer

If you or someone you know were injured due to another driver's negligence, don't hesitate to contact an Alpharetta personal injury attorney right away. The Alpharetta car accident attorneys at the Law Offices of Daniel W. Mitnick can begin investigating the car accident right away to help you get any compensation you deserve. Call us today at 866-710-4090.

October 24, 2011
 

Halloween Party Reminders: Keep Your Halloween Party Safe And Legal

Alpharetta DUI AttorneyThe leaves are changing, many pumpkins have been carved, and fall is in full swing. What's next? Halloween. There is rarely a shortage of Halloween costume parties for you and your friends to attend. Right now, you may still be thinking about what you will dress up as this year or which party you are going to attend. However, with all of the parties going on during Halloween weekend, it is important to remember some safety tips for Halloween.

Party Hosts - Provide A Safe Environment To Avoid A Premises Liability Lawsuit

Have you already had your costume picked out for months and now all you are thinking of is what food and drinks your guests will enjoy the most? If you are throwing a Halloween party, you are responsible for more than just the fun your guests will be having. You are also responsible to uphold the law and provide a safe environment for your guests or else you may find yourself with a new premises liability charge in November.

A few reminders for the Halloween party host:

Don't Serve Alcohol To Minors

It is illegal to serve alcohol to anyone under the age of 21. This doesn't just mean you personally. If you know someone else is giving alcohol to a minor under your roof, you may still be liable.

Don't Let Guests Drive Drunk

If one of your guests drives intoxicated and gets into a car accident, it could become your problem due to social host liability. Keep a cab company's number handy or provide guests a place to sleep, or don't let your guests get drunk.

Don't Be A Loud Neighbor

At least don't be a noisy neighbor all night. Check the hours for designated quiet time in your area and keep the noise contained during those hours. Or you may have police show up other than the ones who came in costume.

Being safe and following the law can still allow you and your guests to have a fun Halloween party. But taking safety measures may prevent you from legal trouble following party cleanup. If you find yourself in legal trouble, our Alpharetta DUI attorneys and premises liability attorneys can help. Call The Law Office of Daniel W. Mitnick today at 866-710-4090

September 30, 2011
 

Defective Car Parts Continue To Cause Problems

Alpharetta Car Accident AttorneyToyota Pledges New Safety Initiative After Unresolved Sticking Gas Pedal Issue

Earlier this year Toyota released information on a new 50 million dollar facility it plans to build in Ann Arbor, Michigan near its' Toyota Technical Center, to help reduce traffic injuries and deaths. To be named “The Collaborative Safety Research Center”, the center will focus on developing ways to enhance safety in the areas of driving and traffic.

This safety initiative may be in response to the bad press the Toyota Corporation had to deal with in the last couple of years as hundreds of incidents involving Toyota vehicles being involved in car accidents after unintended sudden acceleration. It was believed to be caused by gas pedals sticking. There were many accidents involving injury and death with certain Toyota vehicles. These problems triggered a massive recall. And even though there was never a definite resolution as to the cause of the problem, it is believed that the problem caused the deaths of at least 93 people. If you or a family member has suffered injuries or death from a car accident because of a defective part, you should consult an experienced Alpharetta personal injury attorney to protect your rights and work to help you get the compensation you are entitled to.

Car Accident Attorneys in Alpharetta Protect Your Rights

Over the years, there have been recalls on many different American made vehicles as different serious defects have been identified. Defective and malfunctioning parts in motor vehicles have resulted in serious injury and death to many people. Most good Alpharetta personal injury lawyers offer a free initial consultation to advise you of your options in the case of an accident injury due to a defective product.

Georgia Car Accident Lawyers Are The Best Advocate of Injury Victims

Alpharetta car accident attorney Daniel W. Mitnick knows the difficulties a family can face when a loved one suffers serious injury or death as a result of a vehicle accident caused by a defective part, or any car accident caused by the negligence of another person. You may be entitled to compensation for damages for financial loss and pain and suffering in the event of an accident that was the fault of another. Call us today for a free consultation!

September 29, 2011
 

Slip And Fall Injuries Need An Attorney

Alpharetta Personal Injury AttorneySlipping and falling can happen anywhere whether it is at a grocery store surrounded by a lot of people or in an empty office. Sometimes you can escape with simple first aid and a little bit of humiliation. Unfortunately, sometimes slip and fall accidents cause serious injuries.

Property Owner Responsibility

Property owners have a responsibility to those who enter their property—and part of that responsibility is to keep a safe environment for others. If you have been injured on another person's property in the Atlanta area, contact an attorney like our Alpharetta slip and fall injury attorneys. If the property owner failed to provide proper lighting or secure flooring, they can be held responsible.

Not all injuries show themselves right away. If you think you may have an injury after falling, don't wait for the injury to worsen over the next few weeks before contacting an attorney. Get your injuries checked out by a doctor immediately and contact a personal injury lawyer as soon as possible.

Slip And Fall Injury – Don't Wait To Contact Attorney

Premises liability cases are usually most successful if the attorney is able to investigate the scene of the fall as soon as possible after the accident. An investigation soon after the accident will also allow for witnesses to be contacted.

An attorney can help to make sure you are compensated as much as possible for your injury treatment as well as its effects on your life. Factors included in compensation amounts are medical care, rehabilitation services, and replacement income you may need to make a full recovery as soon as possible.

Slip And Fall Injury Attorney

If you have recently fallen on public or private property at the fault of the property owner, don't hesitate to contact an attorney. Our Alpharetta personal injury attorneys are experienced in handling premises liability cases. Call the office of Daniel W. Mitnick & Associates today at 866-710-4090.

August 31, 2011
 

Motor Vehicle Safety: Passenger Van Driving

Alpharetta Car Accident AttorneyDriving a mid-size sedan is very different than driving a passenger van. The size and driving requirements are very different as well as the number of people you may be responsible for. Though passenger vans aren't as intimidating as driving a bus, drivers still need to take extra precaution when driving a large passenger van to avoid a car accident.

Recently, two 15-passenger vans rolled over causing ten deaths. Tragic accidents like these are reminders for owners of passenger vans to be extra careful while driving and extra careful when letting others drive.

Passenger Vans Have a Higher Rollover Risk

According to the National Highway Traffic Safety Administration, passenger vans have a greater risk of being in a roll over accident. This is due to three reasons:

  • Inexperienced drivers
  • Improperly sized and/or inflated tires
  • Incorrectly loaded cargo and passengers that affect center of gravity

Like other large vehicles, passenger vans also require more reliance on side mirrors as well as greater braking distance. If you own a larger passenger van, don't let just anyone drive it. Make sure the driver is experienced and understands the different requirements for motor vehicle safety in driving a passenger van.

At Daniel W. Mitnick & Associates, PC, we hope that you and your passengers stay safe. If you unfortunately have already been involved in a car accident or know of someone who has, contact our Alpharetta car accident attorneys today. We'll give you the attention you deserve.

August 16, 2011
 

Credit Card Late Payments Down, Bankruptcy Still High

Alpharetta Bankruptcy LawyerAccording to credit reporting agency, TransUnion, late payments from credit card holders has fallen to its lowest rate since 1994. Does this mean consumers are doing better financially? Not necessarily. Some consumers are simply being more responsible with their debt and many banks are putting a tighter limit on what people can borrow.

If you still find yourself having a hard time making those credit card or loan payments, you're not alone. Though late payments from credit card users are down, it doesn't mean everyone is in the clear. Many people are still filing for bankruptcy due to the financial state of their lives.

Should I File For Bankruptcy?

There is not always a definitive answer for whether or not you should file bankruptcy, but it may be something you should consider if your finances have continued to struggle.

If you are paying the bare minimum amounts on your debts and cannot budget yourself out of your debt in the next five years, then bankruptcy may be an option. Impending foreclosure or a recent job loss or divorce could also be reason for filing for bankruptcy.

What Is Not Covered Under Bankruptcy?

Certain financial responsibilities or debts are not excused by bankruptcy. Alimony and child support must still be paid even after bankruptcy. Also, most recent back taxes and most student loans are not excused by declaring bankruptcy.

If you think bankruptcy may be the next step for your financial life, then contact a trusted attorney. At the Law Offices of Daniel W. Mitnick, our Alpharetta bankruptcy attorneys can help you make sure bankruptcy is the best next step and help you navigate through the process.

July 28, 2011
 

Car Accidents: What to Do If It's Another Driver's Fault

Alpharetta Car Accident Lawyer

In 2006, 49,939 people were injured in Atlanta car accidents. A seemingly minor car accident may have caused a lot of damage to your vehicle and injuries to yourself. Even a minor accident could take up a lot of time in the following weeks as you deal with insurance companies, car repairs, and doctor appointments.

What Do I Do After I've Been In A Car Accident?

In the last blog we discussed what to do if you've been in a car accident and you were at fault. Regardless of whose fault the accident was, there are basic but important steps you should follow after being involved in an automobile accident:

  • Report the accident
  • Document the accident
  • Contact a car accident lawyer
  • Contact the insurance company

Do I Need to Hire An Attorney If The Accident Wasn't My Fault?

It is extremely important to hire a car accident attorney if another driver was at fault for the accident. Once you've contact an attorney you can explain how the accident happened and give him any documentation and information you have regarding the accident. It is important for the attorney to have all of the details you can give to him or her so they will best be able to gather more details if needed to build the strongest possible case.

If you've been involved in an auto accident at the fault of another driver, you may be entitled to compensation including the cost of medical treatment, lost wages, and your own pain and suffering. An experienced car accident attorney will be able to help you get compensation and help you through the legal issues surrounding this time. Contact our Alpharetta car accident attorneys at Daniel W. Mitnick & Associates, PC.

July 21, 2011
 

Car Accidents: What To Do If It's Your Fault

In Atlanta, our roads are full and car accidents are a fairly common occurrence. No matter the severity of an automobile accident, you should always take it very seriously from the moment it happens.

Below are a few steps to take if you've been in a car accident. These are particularly for those who have been in an accident and are at fault for the car accident. Though, regardless of who's fault, similar steps should be taken. If you were in a car accident and it was someone else's fault, check back next week for a blog for your situation.

Report The Accident

If you are able, check to make sure that others involved are okay. Then call 911 to report the accident immediately. Make sure they are aware of any serious injuries.

Document The Accident

If the accident appears to be your fault, still gather as much information as you can. Write down what you happened from your point of view. Take any photos of any surroundings that may have added to the accident's occurrence. Also, if any eye-witnesses stopped, be sure to get their contact info.

Hire An Experienced Car Accident Attorney

If you were at fault for the accident, it's important that you hire a car accident lawyer. It is very likely that the other party or parties involved in the accident also hired an attorney and you will need someone to help you fight back so nothing more than necessary is taken. Working with an attorney will help you to survive the after affects of a car accident.

Contact The Insurance Company

Wait until you've spoken with an attorney to talk to other party's insurance company. It's important that you seek the advice of a car accident lawyer before speaking with the insurance companies, especially if you are asked to sign any documents.

If you're looking for a trusted Alpharetta car accident attorney, contact the Law Offices of Daniel W. Mitnick today. We care for our clients and understand the way a car accident can change your life in an instant.