FAQ’S

What should I do immediately after a car accident?  

• Call 911 (You have a DUTY to report the accident to the POLICE! O.C.G.A. 40-6-273)

• Record all interactions with any person at the scene

• Take photos of your car damage and only if it is SAFE to do so, take pictures of other cars involved, the scene itself, and surrounding areas.

• Don't leave without speaking with a police officer and getting a police report number

• Gather contact information from any witnesses

• void making statements to insurance companies without consulting an attorney

• Immediately seek medical attention

• Contact JM Law, LLC immediately to assist with the next steps

• Document any missed days from work and keep a personal injury diary 

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What is a personal injury and how do I know if I have a personal injury case?

A personal injury is inclusive of any physical, mental, financial, or emotional harm to an individual due to the fault of another.  Personal injury cases allow the injured party to seek compensation for their injuries. If you have been injured due to the fault of another, you may have a personal injury case. The best way to determine if you have a case is to consult with JM Law LLC, to evaluate the specifics of your situation. 

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What types of personal injury cases does JM Law handle?

We focus on personal injury cases caused by motor vehicle accidents in which the injured person was the victim which means you did not receive a ticket for causing the accident nor were you found at fault for the accident. 

 

How long will it take to resolve my personal injury case?

The duration of a personal injury case depends on its complexity, the severity of your injuries, and the timeline of your recommended treatment given by your treating physicians. Some cases are resolved in a few months, while others may take years if it is filed for litigation in a court of law. At the JM Law firm, we strive to resolve cases as efficiently as possible while ensuring you receive fair compensation.

 

What is a personal injury diary?

A Personal Injury diary is a written detailed journal that you maintain to document the impact of your injury in your daily life. It includes notes about your pain levels, unforgettable moments of pain & agony, and how the injury has affected you mentally, physically, and emotionally. When your attorney prepares a demand, which is a formal request for compensation to the insurance company or at-fault party, your personal injury diary can provide essential evidence to substantiate your claims, helping to build a stronger case and ensure you receive the compensation you deserve.

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Will your office notify my car Insurance about the accident? 

Yes, not reporting a collision is not wise. If you fail to notify your insurance about the accident, you may be denied certain protections on your policy in the event you need to access them for the car accident. However, if it is your desire for us not to contact them regardless of the abovementioned you are required to complete a no-contact letter.  Many times people are scared to notify their insurance company because they think their insurance premium will increase. However, according to O.C.G.A. § 33-9-40 prohibits insurance companies from raising your rates or canceling your policy as a result of an accident involving more than one car or vehicle, when you are not the at-fault driver. O.C.G.A. § 33-23-45 prohibits an insurance company from not-renewing you simply because you made a claim UIM coverage for an accident that is not your fault – although there may be certain other conditions that, combined with having made a UIM claim may legally allow an insurance company to not-renew. If you do receive a notice that your insurance company is not-renewing your policy due to having made claims for coverage, you have the right to ask for the Georgia insurance commissioner to review your company’s decision within 15 days of the time you received the notice.

 

What should I do when I’m a victim of a hit-and-run?

If you're a victim of a hit-and-run, ensure your safety first by moving to a safe location and checking for injuries. Call the police to report the incident, providing as much detail as possible about the other vehicle and the accident. Document the scene by taking photos, noting the time, location, and any witness information. Finally, contact JM Law to get a claim started with your Insurance company. If you don’t have the proper coverage but have incurred medical bills you can contact the Georgia Crime Victims Organization at Victims Compensation to see if you are eligible for compensation or reimbursement. 

 

How much is my personal injury case worth?

The value of a personal injury case depends on various factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. Attorney Peterson will thoroughly assess your case to provide you with information that will give you an idea of the value of your case based on cases similar in nature. However, an exact determination cannot be given nor will one ever be guaranteed. The only guarantee we make at JM LAW is zealous advocacy on your behalf. 

 

How long do I have to file a personal injury lawsuit?

2 years from the date of the accident but there are a few exceptions to this rule.  5

 

Will my case go to trial?

Not all personal injury cases go to trial. Many are settled out of court through negotiations or mediation without the involvement of the court. However, if a fair settlement cannot be reached, we are fully prepared to take your case to trial to ensure you receive the compensation you deserve.

 

What is a property damage claim? 

The property damage claim and the personal injury claim are separate claims. A property damage claim strictly deals with the repair or payout for the damage to the vehicle sustained in an accident. Our office does not handle property damage claims but will assist and aid you in the process. We don’t take a fee for the property damage claim only for the personal injury claim which we represent you for. 

 

What is the difference between liability and coverage denial?

Liability denial occurs when an insurance company disputes the policyholder's responsibility for the damages or losses, whereas coverage denial occurs when the insurance company determines that the policy does not cover the specific loss or damage. In other words, liability denial questions who is at fault, while coverage denial questions whether the policy covers the loss.

 

What is the difference between filing a claim vs. filing a lawsuit?

Filing a claim and filing a lawsuit are two different processes for seeking a resolution to a dispute. Filing a claim typically involves submitting a demand for compensation to an insurance company or entity responsible for payment of the claim known as a settlement. In contrast, filing a lawsuit involves taking legal action through the court system against the at-fault party. A lawsuit is a formal legal process that can result in a trial and a judgment by a judge or jury, and it is generally pursued when a claim cannot be resolved satisfactorily through negotiation or settlement. 

 

What is Underinsured/Uninsured Motorist coverage?

Underinsured/Uninsured Motorist coverage is a type of car insurance coverage on your car insurance policy that provides protection if you are involved in an accident with a driver who either has no insurance (uninsured) or insufficient insurance to cover the damages (underinsured). This coverage helps pay for medical expenses, lost wages, and other damages for you and your passengers when the at-fault driver lacks coverage or adequate coverage. If you don't have this coverage I strongly advise you add it today don’t delay. Please be sure to specifically request for “Add on Uninsured/Underinsured Motorist Coverage” and NOT Reduced by Uninsured/Underinsured as it is not beneficial under most circumstances.

 

What is Med Pay? 

This covers your medical bills whether you are at fault or not in a car accident. This coverage allows you to increase your final take-home amount once the case has been resolved.

 

 

Expungement Questions:

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What is an expungement and how can it benefit me?

Expungement is the traditional term used but Georgia titles it “Record Restriction”. This is a legal process that allows an individual with a criminal record to apply for eligible charges on their record to be restricted from public view and only accessible to law enforcement and a judge in a court of law. The beauty of an expungement is that it can help you in securing better employment, housing, and educational opportunities that have hindered you giving you that second chance at life and the redemption of your past you have long desired. 

 

What are the benefits of hiring an attorney for an expungement?

Hiring Attorney Peterson for your expungement offers numerous benefits. Attorney Peterson understands the intricacies of the law and the specific statutes related to different crimes, ensuring your application is correctly filed and increasing the chances of approval. The JM Law firm can distinguish between felonies and misdemeanors and know which charges are eligible for restriction. If you have a busy schedule, the JM Law firm can manage the entire expungement process, saving you time, effort, and money.

 

What is the difference between restriction and sealing?

These are two completely different processes. Restriction means that records on the Georgia Crime Information Center report have been restricted from public view for most purposes. Sealing means that court records maintained by the clerk of court have been sealed and are not accessible for the public to view and cannot be reported by private background check companies. Please note that you can’t get your record sealed without first having it restricted. 

 

What are my options if I am ineligible for a restriction?

You may be eligible for a pardon, which is a certificate of forgiveness from Georgia but it does not clear, restrict, or seal your record. However, as of January 1, 2021, upon receiving a pardon, you can apply for record restriction and sealing so long as the following applies: (1) be granted a pardon from the State Board of Pardons and Paroles (2) not be a serious violent or sexual offender (3) not be convicted of any offenses since the pardon was granted (4) and no pending charged offenses.

 

How do I apply for a pardon?

Unfortunately, our office does not handle pardons but the website to begin this process can be found at this link, here.

 

What is the First Offender Act?

The first offender act is Georgia’s “Second Chance” law. This law is intended to give people with no prior convictions a chance to learn from their mistakes and move on with their lives without having to deal with the burden and the stain of a conviction. It is a sentence, not a conviction so long as your sentence is successfully completed the Court will “discharge” the case without conviction. 

 

I was told my restriction would happen automatically, is that TRUE? 

If you were arrested before July 1, 2013, you must apply for restriction through the arresting agency and pay any required fees. Your records will automatically be restricted for one of two reasons. (1)If you were arrested after July 1, 2013, and the charges qualify for restriction, your records will automatically be restricted for one of two reasons; (2) If no disposition is entered into the GCIC database after two years for misdemeanors, four years for most felonies, and seven years for serious violent and sex-related felonies. This is called time-expired restriction. However, oftentimes the automatic restriction does not happen timely and you must go through the application process. Thus, it is important to check your criminal history report annually to ensure it is accurate.

 

Can I have my whole criminal history restricted and sealed? 

You must apply separately for record restriction and sealing of each eligible arrest. Georgia law does not allow for the restriction of an entire criminal history.

 

I pled nolo contendre(no contest) is this a conviction?

Yes, a plea of nolo is considered a conviction, and convictions are not eligible for restriction or sealing unless you meet the criteria for Youthful Offender or Retroactive First Offender.  

 

Can I get my record restricted and sealed if the case was placed on the dead docket? 

If your case was placed on the “dead docket”, then it can be reinstated at any time by the court and is still pending. If your case has been on the “dead docket” and the state has not moved forward with prosecution after twelve months, then you can ask the court to restrict and seal the records by way of filing a Motion to Restrict & Seal.

 

Do my charges qualify for  Retroactive First Offender?

This law allows you to request First Offender status on an eligible case that has already resulted in a conviction. If it has been less than a year since you were sentenced, you may file a motion with the court that sentenced you. If it has been more than one since you were sentenced, the prosecutor must consent to filing the motion before you request Retroactive First Offender status.

 

Do my charges qualify for Youthful Offender Restriction?

certain misdemeanor convictions that occurred before you turned twenty-one years old qualify for youthful offender restriction and sealing. You must have successfully completed your sentence and you cannot have been charged with any other offenses in the five years before you request restriction and sealing.

 

How do I get a copy of my Criminal history?

You can get a copy of your official criminal history in Georgia from most law enforcement agencies such as a police precinct for a fee. Request both a purpose code U & E criminal report.

 

Will a restriction ever require a court order for it to be restricted? 

Typically a restriction is a paper application process, but the law requires you to file an action in the court that sentenced you to restrict certain types of records. A court order is necessary to restrict the following types of records: 1) charges placed on the dead docket, 2) felony charge(s) when you are convicted of an unrelated misdemeanor, 3) convictions that are vacated/reversed, 4) youthful offender convictions, and 5) Fugitive From Justice.

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Expungements: Reclaim your future and restore your peace of mind with JM LAW, your trusted partner in navigating the expungement process in Georgia. Expungement is a legal process that allows an individual with a criminal record to apply for eligible charges on their record to be restricted from public view and only accessible to law enforcement and a judge in a court of law.  Effective January 1, 2021, Georgia's SB 288 significantly expands access to expungements. This law allows individuals to petition for the sealing of certain misdemeanor and pardoned felony convictions, removing barriers to employment, housing, and other opportunities. SB 288 also includes protections for employers who hire individuals with criminal histories, encouraging second-chance hiring. Exclusions apply for specific serious offenses. 

Trust JM Law to guide you through the expungement process, hel you reclaim your future and unlock new opportunities. We understand the complexities of Georgia's expungement laws and are committed to guiding you through each step with compassion and expertise. From determining your eligibility to filing the necessary paperwork and representing you in court, we are with you every step of the way.

 

Small Claim Disputes

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What is a small claim dispute?

A small claim dispute is a legal conflict involving another person or company, typically resolved in a small claims court, known as a Magistrate Court.

 

What is the maximum amount I can receive for a small claim in Magistrate Court?

The limit for a small claims civil matter is no more than $15,000.

 

What type of small claim disputes does the JM Law, LLC handle?

Contract disputes, breach of contract, collection of debts, personal injury, and various other civil matters. In order to determine if JM Law can handle your small claim matter contact us for a free consultation. 

 

What are the benefits of having an attorney to handle my small claim dispute?

Attorney Peterson understands the legal system, court procedures, and how to effectively present your case with relevant and applicable case law and evidence rules.  Attorney Peterson is a skilled negotiator who has the unique ability to settle disputes out of court, saving you time, stress, and money.

 

If I have a small claim dispute, what should I do? 

At JM Law, LLC, we strongly advise our clients to consider hiring us to draft an initial demand letter, as this can often resolve the issue without the need for further legal action. A well-crafted demand letter can clearly outline your position, the compensation you are seeking, and the consequences if the dispute is not resolved, potentially prompting the other party to settle the claim promptly. If the matter is not resolved through the demand letter, we can assist you with the next steps, including filing a small claims court case and representing you throughout the process.

 

Do I need an attorney to represent my business in Magistrate Court?

No, not in Magistrate Court. However, Georgia law, O.C.G.A 15-19-52,  REQUIRES all entities (such as a corporation or LLC) to be represented by a licensed attorney in all "courts of record" (which is anything other than Magistrate Court and certain Municipal courts). Without an attorney representing the LLC, it doesn't matter how much merit your claims or defenses may have - you won't get a chance to assert them in a court of law without attorney representation.

 

Personal Injury: When life blindsides you with an unexpected injury due to the fault of another, JM Law stands ready *to fight fiercely for justice and just compensation* you deserve. JM Law is here to navigate the legal complexities and fight tirelessly on your behalf.

 

Why choose JM Law?

We combine compassionate client care with a relentless pursuit of justice. Our goal is to alleviate your burdens by providing personalized, comprehensive legal support, allowing you to focus on healing while we handle the rest. Trust JM Law to be your advocate. We are dedicated to turning your challenges into opportunities for recovery and renewal, ensuring your voice is heard and your rights are protected. We aim to transform your pain and frustration into a constructive and positive outcome.

 

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Small claims disputes- At JM Law, we understand that even the smallest disputes can have a big impact on your life or business. Small claims disputes typically involve cases such as breach of contract, collection of debts, personal injury, and various other civil matters where the amount in question is under $15,000. We are committed to providing personalized & professional legal services that champion your rights and ensure you get the justice you deserve. JM Law offers expert guidance, personalized attention, and zealous advocacy from beginning to end. Don’t handle your legal matter alone, let us help you navigate the complexities of your small claims dispute and secure the resolution you deserve. Remember “He who represents himself has a fool for a client” -Abraham Lincoln​​