The Military Discount
Columbus Georgia Lawyer Mark Jones is pleased to announce that all active and former military who hire the firm to represent them in the month of July will receive 25% off their legal fee.
At the Law Offices of Mark P. Jones, LLC, we appreciate your service. There is no higher honor than to serve one’s own country, and we want to give back to all who have served!
Mark is a firm believer in supporting the United States Army, as well as other service members.
Mark has defended soldiers from criminal charges, helping preserve their careers. Further, Mark has recovered substantial settlements and monetary judgments for service members and their families. Representing a soldier is one of the most fulfilling cases for Mark because so much is on the line for the client.
Mark has experience in the following practice areas peculiar to soldiers:
- DUI Charges involving Fort Benning, Georgia
- Felony Criminal Charges in Columbus, Georgia and Fort Mitchell, Alabama
- Domestic Violence Charges and implications under the Lautenberg Amendment
- Personal Injury Cases such as Motor Vehicle Accidents involving TRICARE medical treatment and claims for reimbursement
- Domestic cases involving military retirement division and basic allowance for housing (BAH)
As a soldier, it’s important that the lawyer you choose to represent you cares about you, your way of life, and has knowledge of the legal issues particular to past and current military.
Many firms in the Columbus, Georgia / Phenix City / Opelika, Alabama claim to help soldiers, and many do. However, Mark knows of no other firm that actively supports the military through discounted legal services. Don’t believe me? If you’re a soldier, give Mark a call today about your legal issue and ask to speak to Mark directly.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”]
Read More
DUI and the "Actual Physical Control" Requirement
Columbus Georgia Lawyer Mark Jones Discusses the “Actual Physical Control” Requirement of DUI Law
Introduction:
First off – let me apologize for my long hiatus from providing excellent blogging content to the citizens of the great city of Columbus, Georgia.
I love defending DUI cases because they are very technical and succeeding for the client in these cases always has positive consequences for the client’s life and career — whether they are an E6 Staff Sergeant, a teacher, a nurse, an olympic gold medalist, or other professional.
Let’s face it. A lot of us enjoy an alcoholic beverage on the weekend in Georgia — certainly those in Alabama do.
Unlike other substances that our government controls, there is nothing illegal about simply consuming alcohol. What people do after consuming too much of it is an entirely separate issue where the law comes into play. Nearly every domestic violence case I have seen involves alcohol. Nearly every disorderly conduct case involves alcohol as well. Obviously, most DUI charges and public intoxication charges involve, you guessed it, alcohol.
As I have written before, the best way to beat a DUI charge is to simply not drive after consuming alcohol to begin with.
Seriously, you can always call a cab.
If you are in a large city, you can call an Uber.
You can also call a tow truck driver and ride with the tow truck driver with your car in tow!
With that being said, our legislature has imposed certain requirements for the State of Georgia to prove in the prosecution of any driving under the influence charge:
In order to be guilty of a driving under the influence charge in Georgia, the prosecutor must prove that the defendant
(1) (a) drove or (b) was in actual physical control of any moving vehicle;
(2) (a) with an alcohol concentration of .08 grams or more; or (b) to the extent that it was less safe for her to drive
This is a legal term of art that allows for silly prosecutions. Imagine someone who has fallen asleep drunk in an RV in a Walmart parking lot. He/she may have consumed alcohol in the equivalent of their home, protected by my favorite amendment to our Constitution, Amendment IV, and yet still receive a DUI under the technical DUI definition because he/she was in actual physical control of a motor vehicle.
Common “Actual Physical Control” Scenarios
The most common scenario where the “actual physical control” element of a DUI charge is used to prove a DUI conviction is where the driver has fallen asleep in her vehicle on the side of the road after consuming alcohol.
If the State can prove you were in the vehicle, keys in ignition, and a hot engine, then this circumstanial evidence will likely prove sufficient to convict you of DUI even though you were not technically “driving” at the time that the officer made the charge against you.
Factors Courts Look at in Proving Actual Physical Control
The Georgia appeals courts have identified several factors that prosecutors can use in proving that a defendant was in actual physical control of a moving vehicle including:
- whether the defendant owned the vehicle, see, e.g., Coates v. State, 212 Ga. App. 93 (defendant owned car and was in driver’s seat when officer arrived to parked vehicle)
- whether defendant made incriminating admissions, State v. Hill, 178 Ga. App. 669 (1986) (defendant told officer she swerved to miss a dog)
- whether the engine was running or transmission was “in drive,” Jones v. State, 187 Ga. App. 132-133 (1988) (defendant was slumped over steering wheel asleep with engine running and transmission in drive)
- whether the defendant had possession of the keys to the vehicle or attempted to start the vehicle, Krull v. State, 438 S.E. 2d 37 (1993)
Conclusion:
In order to make out a case for DUI where you were not actually driving the vehicle, the State of Georgia must prove actual physical control of the vehicle you allegedly drove. This is a very significant distinction in cases where the Defendant is found to be asleep behind the wheel. In order to have a chance at beating your charges, you need an experienced DUI attorney to represent you in the matter.
Call Mark Jones today for a free consultation concerning your or a loved one’s legal situation when charged with a DUI.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”]Read More
DUI Sobriety Checkpoint Tips
Columbus GA Criminal Defense Lawyer Mark Jones Discusses Tips for When You Encounter DUI Roadblocks and Sobriety Checkpoints
Introduction: DUI sobriety checkpoints are very common in Columbus, Georgia and Phenix City, Alabama. This is particularly true in Columbus, given the continued presence of the Georgia Department of Public Safety’s Nighthawk Task Force.
As I have previously written, the constitutionality of such roadblocks is debatable. This is because United States Constitution provides that we have a fundamental right to be secure from unreasonable searches and seizures.
Regardless, here are four tips for what to do when encountering a police roadblock.
(1) Do Not Evade the DUI Sobriety Checkpoint / Roadblock!
The urge to evade the roadblock is there when you first realize you will encounter one, especially if you just enjoyed a nice dinner at the Loft in Columbus, Georgia and you had a glass of wine or a beer with dinner. So can you evade a roadblock legally?
The case law is clear that “normal driving that incidentally evades a roadblock does not justify an investigative stop by law enforcement.” Jones v. State, 259 Ga. App. 507, 578 S.E.2d 165 (2003). See also, Jorgensen v. State, 207 Ga. App. 545, 428 S.E.2d 440 (1992), which held that a mere intuition by the police officer that a driver who legally turned into an apartment complex was avoiding a roadblock was not enough to justify a traffic stop.
However, the case law is equally clear that “abnormal or unusual actions taken to avoid a roadblock may give an officer reasonable suspicion of criminal activity even when the evasive action is not illegal.” Stinson v. State, 318 Ga. App. 351, 733 S.E.2d 390 (2012).
Thus, if you evade a roadblock intentionally, your driving may be deemed “abnormal or unusual” by a reviewing court, which gives the officer reasonable grounds to pull you over.
(2) Provide the Officer with Your License and Say Nothing Else.
Officers who are overseeing DUI sobriety checkpoints are looking for drunk or impaired drivers, and the checkpoint should be limited to that under the law. See, e.g., Williams v. State, 293 Ga. 883 (2013) (roadblocks should be limited to specific law enforcement purposes, such as traffic enforcement or detecting driving under the influence, and not general crime detection).
Have your license, registration, and proof of insurance ready when you approach the roadblock. The police can ask you for this information. See generally, Hibel v. Sixth Judicial District Court of Nevada, 542 U.S. 960 (2004). Chances are that, unless the officer smells alcohol or other contraband when you are stopped, the sobriety checkpoint stop will be a minor inconvenience.
Provide the officer with your ID but say nothing else. If you are riding as a passenger and not operating the vehicle, there is really no reason to say anything to the police but it is always advisable to inform the officer of your name, age, and address.
(3) Determine Whether to Participate in Field Sobriety Tests and the State Administered Test.
You need to know the basics of DUI field sobriety testing and evidentiary testing before you approach a roadblock, so you can determine how you are going to respond if you have been drinking.
Under Georgia law, you need not submit to field sobriety testing such as the HGN test (Horizontal Gaze Nystagmus), the one-leg stand, or the walk and turn test. Candidly, if the responding officer wants you to take these tests, you are likely going to be arrested anyhow, so it does not make sense to submit to these.
Nor must you submit to the Portable Breath Test (PBT) at the scene of the traffic stop (this is also known as the alcosensor).
Rather, under Georgia’s implied consent law, you must only submit to the state-administered test on the Intoxilyzer 9000, submit to a blood test, or a urine test.
If you are going to take the state-administered test and provide the state with evidence to prosecute you, you may want to request the Intoxilyer 9000 since a blood test will obviously provide the state with significantly more data about you than a breath test. If you can afford one, you also have the right to an independent test that you pay for.
If you refuse to take a state-administered test, you will face a one-year hard suspension of your driver’s license or Georgia driving privileges (if your license is out of state). A hard suspension means there are no work permits available.
(4) If Arrested for DUI at a Roadblock, Hire a Lawyer:
DUI sobriety checkpoints have very special requirements under the law in order to be valid. In addition to the technical and procedural compliance issues present in all DUI cases, in order for the arrest to be valid following a DUI sobriety checkpoint arrest, there are several requirements that an experienced DUI lawyer will be familiar with.
If the roadblock requirements are not met, you may have a strong case for dismissal of the charges against you. You should hire an experienced attorney if you are arrested following a roadblock stop.
Conclusion:
It goes without saying that the surefire way to “beat” a DUI sobriety checkpoint is to avoid drinking and driving altogether. With that said, if you do encounter such a DUI checkpoint and are arrested, contact an experienced DUI attorney to represent you. For a free consultation regarding your DUI case, contact the Law Offices of Mark P. Jones today at 706-225-2555 or 706-ARMY-DUI.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”] Read MoreHow to Beat a Breathalyzer
Georgia DUI Lawyer Mark Jones Discusses How to Beat a Breathalyzer Test / Intoxylizer Test
Introduction
One of the devices that police officers use to determine probable cause to arrest you for driving under the influence is portable breathalyzer. These are really great inventions. Scientists and doctors are now using breathalyzers to detect things like bacterial infections and even cancer! For the longest time though, they have been used to provide evidence in DUI cases. Recently, one such device was featured on Shark Tank.
Although you need not submit to a portable breathalyzer conducted as a field sobriety test during a traffic stop, Georgia law requires that you submit to the intoxilyzer 9000, a blood test, or a urine test under Georgia’s implied consent law codified in OCGA 40-5-67.1. See also State v. Webb, 443 S.E. 2d 630 (Ga App. 1994).
Of course, you can refuse to take the state-administered test, but that will result in an automatic hard suspension of your driver’s license for one year in the event your DUI charge is not reduced or dismissed.
So How Do You Beat A Breathalyzer / Intoxilyzer 9000?
The only way to beat a breath test is to refuse to take one. While there are certain defenses available to a defense attorney if you take such a breath test, these are technical defenses focused on the administration and accuracy of the test. Well-trained law enforcement officers, such as the DUI Task force in Columbus, Georgia called the “Nighthawks,” will take steps to guard against such defenses.
Therefore, the only way to “beat” a breathalyzer, intoxilyzer, or any other DUI test is to refuse to take the test. As mentioned, your refusal to take the test will have significant consequences on your DUI case, including an automatic hard license suspension for which no work permits are available. Prosecutors will also be less inclined to want to work with you or your attorney if you refused the state-administered test as well.
Only you can decide whether to refuse to take the state-administered test, but one thing is for sure, the only way to “beat” the administered test is to avoid taking it altogether.
Conclusion
Breath tests and other state-administered tests are tough to beat if you submit to them. Therefore, the only sure fire way to “beat” such a test is to avoid taking one in the first place, i.e., by not driving under the influence (preferably) or by not submitting to the test at all. If you do not submit, however, you risk a one-year hard suspension of your driving privileges in Georgia with no work permit available.
It is absolutely imperative that you hire an experienced DUI defense attorney to defend you against your DUI charges. Call 706-ARMY-DUI, 706-225-2555, or 866-521-MARK today for a free consultation about your case. You must act quickly after being arrested however if you want any hope of saving your license. You have 10 business days to appeal the administrative suspension following your arrest!
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”832 1st Avenue” city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”] Read More
What is a "Fair" Car Accident Settlement?
How Much is “Fair” for My Car Accident Settlement?
Columbus Ga Lawyer Mark Jones Discusses What is Fair in Your Injury Case
Introduction:
I have written before on settlement calculators. I have also elaborated on pain and suffering as an item of legal damages in Georgia. In this blog, Columbus Ga Car Accident Lawyer Mark Jones will discuss what is “fair” in evaluating your car accident case and whether the insurance company is offering you are fair settlement. Really, you need to look at five critical factors in evaluating whether you should settle your case.
1. How Much Are Your Medical Bills and Lost Wages?
When you miss work or incur medical bills after an automobile wreck, you are incurring what the law calls “special damages” that the driver who hit you is on the hook for. Special damages is the term we lawyers use to make us feel smarter. It basically means specific monetary loss you have sustained as a result of the wreck – hence the term “special” damages (i.e., you are dealing with a specific amount of money). More than any other factor, the amount of your medical bills will determine what a “fair” settlement amount is.
2. What is the Extent of Your Injury & Quality of Your Medical Care?
Did you go to an orthopedic surgeon for spinal surgery or did you go to a chiropractor for some simple adjustments? Obviously, there is a difference between a case involving a soft-tissue injury that is resolved with a course of chiropractic adjustments and one where a spinal cord stimulator, spinal fusion, cervical fusion, or shoulder arthroscopy is required.
3. What is the Amount of Your Property Damage?
In a car wreck case, the amount of your property damage is very critical to your case. Low property damage in an auto accident case means that a judge, jury, or adjuster will have a difficult time understanding how you could have been catastrophically or seriously injured in the wreck. The truth is though that even a small wreck can cause serious injury when two, two-ton pieces of machinery collide. Nevertheless, as a general rule of thumb, you need at least $1,500.00 in property damage to your (or the other driver’s) vehicle for the adjuster to take your injury claim seriously.
4. What is Your Lawyer’s Track Record?
Has you lawyer tried a case in the last year? Heck, have they been in a courtroom in the last 5 years?
As Engstrom has found, many attorneys get comfy by taking the insurance company’s last, best settlement offer and never actively preparing their client’s case for trial in the event the insurance company does not make a fair settlement offer.
Rest assured, the insurance company knows whether you have hired someone who will fight for you or whether you have hired someone who is soft.
5. Does Your Case Have Liability Issues?
In many states, if your case for liability is weak, then it reduces the value of your case. Is the Plaintiff somehow at fault? Is the Defendant sympathetic? These issues go towards liability. Did the police officer find that the Plaintiff had a contributing circumstances in addition to the Defendant? If you have anything but clear cut liability, your personal injury case is not worth as much necessarily as a case without liability issues.
Conclusion
How much your car accident case is worth is fact-specific. Factors to consider are: (1) how much your medical bills and lost wages are; (2) the quality and extent of your medical care; (3) the property damage to the vehicles involved; (4) the lawyer you hired; and (5) whether your case has liability issues. Feel free to give Mark a call to discuss your case further for free at 706-225-2555 or 866-521-MARK.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”] Read MoreFour Critical DUI Defenses in Georgia
Columbus GA DUI Lawyer Mark Jones Discusses Four DUI Defenses
Introduction
In Georgia, the four main defenses to a driving under the influence charges in Georgia. Most of these are based on the Fourth Amendment, which is Lawyer Mark Jones’ guiding principle in criminal cases. However some of these defenses are based on evidentiary issues. It is critical that you hire an experienced DUI attorney to defend you in your DUI case. Do not try to handle the matter on your own.
For instance, if you are in the Army, you will face the very real possibility that your military career will be over if you are not able to get the DUI charge reduced or defeated in court. For younger defendants, a DUI will impact their ability to obtain entrance in college, graduate, or professional school, depending on the severity of the offense.
So what are some of the defenses DUI lawyers use to defend their clients against DUI charges brought by the State of Georgia?
Challenge the Validity of The Traffic Stop:
The US Supreme Court has held that in Georgia in order to make a lawful independent stop of a driver, the police officer must have “reasonable suspicion” that a violation of the law has occurred or is in progress. Terry v. Ohio, 392 U.S. 1 (1968). Oftentimes, this will come in the form of an independent traffic offense committed by the driver such as: speeding, failure to maintain lane, running a red light, or expired tags. An experienced DUI lawyer should be well-versed in the nuances of Georgia’s caselaw concerning what provides reasonable suspicion that a driver is committing a DUI.
Ordinarily, the validity of a traffic stop is challenged via a motion to suppress filed by your defense attorney.
Challenge Probable Cause to Arrest:
In order to pull someone over or detain them very briefly, the police must have reasonable articulable suspicion, but in order to arrest someone for DUI, the police must have probable cause. Probable cause must exist to arrest someone under our law. Oftentimes, the basis for the arrest will be the “failing” of field-sobriety tests such as the horizontal gaze nystagmus test (HGN test), finger-to-nose test, walk and turn test, or the one leg stand. Although these tests are highly subjective, Courts and officers alike will employ these in determining whether there is/was probable cause to arrest someone suspected of DUI. Of course, the alco-sensor is also used, although it is highly inaccurate.
Challenge Implied Consent:
In Georgia, the police officers, state troopers, and task force members (such as the nighthawks), must comply with Georgia’s implied consent law, whereby a standardized warning is read to you (depending on your age and license type). The warning informs the driver of his/her right to an independent chemical test as well as his/her right to refuse the state-administered test. It also informs the driver that failure to take the state-administered test will result in a one-year license suspension. Failure to read the implied consent warning to driver will result in exclusion of any breath, blood, or urine test results.
Challenge the Breath, Blood, or Urine Test:
You can also challenge the actual test itself and how it was administered. For the intoxilyzer 5000, common defenses revolve around calibration, operator certification, and improper maintenance. For blood tests, common defenses include the use of an expired blood test kit, improper storage, improper labeling, lack of phlebotomy certification by the medical technician, or use of a non-criminal processing hospital.
Conclusion:
DUI cases require an attorney experienced in DUI defense. For soldiers, your career is on the line. For the general public, your license is on the line. For younger persons, your future educational prospects are on the line. Mark Jones and his team are available to fight for you in court at a reasonable, cost-effective price. Call Mark and his team today to represent you in your DUI case.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”] Read MoreFederal DUI Charges
Columbus GA DUI Lawyer Mark Jones Discusses Federal Law Concerning Driving Under the Influence Accusations.
Introduction to Federalism:
Nearly every driving under the influence (DUI) charge involving a federal military installation such as Fort Benning, Georgia will have a very interesting legal situation concerning the applicable law concerning when you receive Federal DUI charges. The situation is this: federal law will “assimilate” state law to essentially create a federal crime where there is no federal criminal law on point on that issue. So, since there is no federal DUI law, DUI offenses that occur on post or at a federal enclave will be “assimilated” under the the Assimilative Claims Act to create a federal crime where there was none.
Why do we have this craziness? This is because our founding fathers so long ago created a federation of states based on federalism.
To the founders, the states were supposed to be laboratories to conduct social and economic experiments. This is what Colorado has done with the legalization of marijuana. The states functioning as laboratories is a conservative value based in federalism and the Tenth Amendment, which reserved to the states the majority of day-to-day governance pursuant to the police power.
As Justice Brandeis noted in New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932), “It is one of the happy accidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.”
So what does this mean for a soldier or other individual who has been cited with DUI on post or at a military installation?
1. You Can Still be Charged with a DUI or State-Based Crime on Post
Just because federal law does not have a DUI statute per se, that does not mean that you can commit a DUI offense at a federal military installation. The Assimilative Claims Act will bar the state-based criminal conduct on post. That act provides:
“Whoever within or upon any of the places now existing or hereafter reserved or acquired . . ., is guilty of an act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State . . . in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.” U.S. v. Hapney, CR208-10 (S.D. Ga. 2008). Thus, you will still be subject to a DUI if you drive drunk on post.
2. Federal Law Does Not Provide Many State-Based Procedural Protections When You Are Charged with a DUI
When you are charged with a DUI on post, federal law only assimilates the elements of the state-based crime plus the punishments. If the state system has additional procedural rules that might protect the accused, the federal court may very well not incorporate those procedural rules if there is a conflict with federal law. See United States v. Garner, 874 F.2d 1510 (11th Cir. 1989). This has the nasty effect of doing away with some very important protections that a defense attorney would normally use to protect you in state court. In the implied consent warning context, for example, Georgia has very strict requirements regarding the precise warning to be read, as well as an advisement concerning your right to an independent test. If these implied procedures are not complied with at the state level, the Court should suppress your chemical test results. Not so at the federal level due to a very vague implied consent statute. 18 USC 3118. At least, that is what the Southern District of Georgia held.
3. The Best Bet is Still to Not Drink and Drive
Save yourself the trouble of this procedural morass and quite a bit of money too. Simply don’t drink and drive.
Conclusion:
Under the Federal Assimilative Crimes Act, federal law makes a state-based crime a federal offense by incorporating the elements and punishments associated with the state-based criminal conduct. Federal law will not necessarily incorporate beneficial procedural mechanisms that are based on state law if there is a conflict of laws between the two. A federal DUI is a very serious charge that can have devastating impact on your military career, future job prospects, or college admissions. It is important that you hire an attorney well-versed in the intricacies of federal law concerning a DUI charge. Contact Lawyer Mark Jones today for a free consultation regarding your DUI charges at 706-225-2555, 866-521-MARK (6275) or jones@lawyermarkjones.com.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Contact Mark Jones Now!
[gravityform id=”1″ name=”Untitled Form” title=”false” description=”false”]Read More
Car Accident Settlement Calculators: How Much is Your Case Worth?
Car Accident Settlement Calculators: How Much is a Fair Settlement?
Columbus GA Car Accident Lawyer Mark Jones Discusses Settlement Calculators and Four Tips For Determining a Car Accident Case’s Value
Introduction
There are many websites on Google that discuss calculating your car accident settlement’s value. These sites may use the terms “car accident settlement calculator” or “pain and suffering calculator” and promise to calculate how much your settlement is worth.
The problem with these sites is that there is really is no such thing as a car accident settlement calculator because each case is different and depends on its own facts. With that said, Columbus GA Car Accident Attorney Mark P. Jones has identified several factors that insurance companies use in calculating your car accident settlement based on his years of experience in handling these claims.
(1) The Vehicle Property Damage Amount is Extremely Important in Valuing Your Car Accident Settlement.
Most insurance companies and, indeed, most jurors despise claims involving low impact/minor impact wrecks, which are oftentimes closely associated with low property damage between the vehicles. Insurance companies and their defense attorneys love to argue that injury claims stemming from low property damage wrecks mean that it is impossible that the claimant could have suffered significant injury.
What these arguments fail to consider is the egg-shell plaintiff rule, i.e., the rule of law that holds that the defendant who injures another is a wreck takes his victim as he/she finds him. See generally, AT Sys. Se., Inc. v. Carnes, 272 Ga. App. 671, 673, 613 S.E.2d 150, 153 (2005). They also fail to consider the need for expert testimony. See Davis v. Maute, 770 A.2d 36 (Del 2001).
Thus, if a person who has many pre-existing injuries is hit in a motor vehicle wreck, even though the property damage is low, that person was more prone to injury and therefore should be compensated nonetheless. Generally speaking, if the property damage to either vehicle involved in the car wreck is over $2,000.00, the insurance company will value your claim significantly higher than one with property damage below that amount.
(2) Your Medical Treatment and the Amount of Your Medical Bills Are Key to Estimating Your Car Accident Settlement Amount.
The second most important factor in calculating your car accident settlement amount is the quality of your medical care and the amount of your medical bills.
There is a major difference between a case where someone has a lumbar fusion, cervical fusion, or a shoulder arthroscopy due to a motor vehicle wreck and a case where someone merely has to undergo basic physical therapy or some chiropractic adjustments.
Car accident cases involving orthopedic surgical procedures or extended pain management will have significantly higher bills than a case involving simple physical therapy and chiropractic care.
(3) The Amount of Insurance Coverage Available Plays a Role in Evaluating How Much Your Case is Worth.
The vast majority of Defendants who cause car wrecks are driving around with the state minimum amount in coverage, which is $25,000 per person and $50,000.00 per accident (for all people making an insurance claim). This is oftentimes represented to defendants as “full coverage.”
If you are hit by a Defendant who has higher policy limits or if the defendant that hit you in the wreck was an employee of a major corporation (which will surely have more insurance coverage than the state minimum), then your case is potentially worth more than one where only the state minimum is available.
However, one way you can protect yourself is by purchasing a substantial amount of uninsured/underinsured motorist coverage in case you are hit by an underinsured driver.
(4) The Presence of Heat Increases the Value of Your Claim.
“Heat” on the file means that the facts of your automobile accident case may warrant the imposition of punitive damages. If punitive damages are applicable to your case due to being hit by a defendant who was DUI, texting, or engaging in some conduct that constitutes wantonness, such as a hit and run, then your case is worth more.
Conclusion
Many factors go in to evaluating your car accident claim. There is no such thing as a car accident settlement calculator or pain and suffering calculator. It all comes down to the facts on a case-by-case basis. With that said, certain factors are extremely relevant to properly evaluating the value of your case including: (1) the property damage amount for any vehicle involved in the wreck; (2) the medical treatment and medical bills; (3) the amount of insurance coverage involved; and (4) the presence or absence of punitive damages.
If you have been hurt in a car wreck, call Lawyer Mark Jones now at 706-225-2555 for a free consultation regarding your case. You can also email Mark with any questions about whether your settlement offer from the insurance company is fair.
[schema type=”organization” orgtype=”LocalBusiness” url=”www.lawyermarkjones.com” name=”Law Offices of Mark P. Jones” description=”Car Accident Calculator: How Much is My Case Worth?” street=”233 12th St #600″ city=”Columbus” state=”GA” postalcode=”31901″ email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ]
Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
How to Handle Rude Insurance Adjusters
How to Handle Rude Insurance Adjusters
Columbus GA Personal Injury Lawyer Mark P. Jones Discusses Why Insurance Adjusters are Rude to Plaintiffs and How to Handle Them
At some point or another, we have all had to make a claim with an insurance company. The process is time consuming, tedious, and generally unpleasant due to the paperwork involved and the necessary time consumed dealing with insurance companies and their “adjusters.” One would think that an insurance companies in America would be prompt and courteous in handling a claim given the billions of dollars in premiums that insurance companies receive each year, right?
Wrong. Most insurance companies hate to pay out claims. That is not how they or their shareholders make any money. Insurance companies do not build massive skyscrapers in New York or Chicago by paying out claims to injured people. They make money by denying claims or paying less than a claim is reasonably worth. If you have personal injury, auto accident, or slip and fall claim, the best way to handle a rude insurance adjuster is to hire an experienced personal injury attorney to assist you with your case to make the insurance company pay what your claim is reasonably worth.
As far as Lawyer Mark Jones can tell, insurance adjusters are rude to claimants for three reasons:
1. Insurance Adjusters Are Rude Because They Have Stressful Jobs.
The average insurance adjuster has roughly 150-200 files for which they are responsible, sometimes more. Oftentimes, their performance is based on how many files they close in a given month. Or, perhaps the adjuster’s “authority” to negotiate a claim is governed strictly by a computer system.
Some adjusters have even more files than merely 150-200. I have heard that some adjusters have as many as 400 files each. Their average starting salary is in the low to mid $20,000s. Obviously, this situation leads to unhappiness given how much work they are responsible for and how little they are paid with very little opportunity for advancement, bonuses, or the like.
2. Insurance Adjusters Are Rude Because They Are Provoking an Emotional Response as a Negotiation Tactic.
It’s a common tactic of debt collectors. Provoke an emotional response by being rude and hope the debtor pays off the debt. A classic example would be for the debt collector to question a husband’s ability to provide for his family, hoping the husband gets so angry he insists on paying off the debt completely to “show him.” The same holds true of insurance adjusters. Provoke an emotional response and hope the claimant settles the claim for less than the claim is worth to “put the claim behind” him/her.
3. Insurance Adjusters Are Rude Because They Are People.
Some people are just unhappy in life for whatever reason. Perhaps the adjuster is going through a major life event. Perhaps the adjuster woke up on the wrong side of the bed. Perhaps the adjuster was just hung up on by the prior caller and is taking that anger out on you.
What to Do if the Insurance Adjuster Jacks With You:
Lawyer Mark Jones’ motto is, “if the adjuster jacks with you, file suit.” Don’t let the adjuster jack with you. Call an experienced attorney to handle your personal injury claim like Lawyer Mark Jones at 706-225-2555 or 866-521-MARK. Before hiring an attorney make sure to ask him/her when the last time they tried a case was. Heck, in this day and age, ask them when the last time they were in a courtroom. Lawyer Mark Jones regularly appears in Court, regularly handles personal injury claims, and “on the daily” fights for his clients. Call Mark Jones now to hire a fighter.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones
Read More
Do I Have to Give the Insurance Adjuster My Social Security Number?
Personal injury clients of the Law Offices of Mark P. Jones in Columbus Georgia often inquire about privacy issues concerning their case. In particular, oftentimes prior to retaining Lawyer Mark Jones, the insurance adjuster insists on the client disclosing his/her social security number, often stating that this disclosure is required under Federal Law.
This is simply not true. Nothing in the law requires disclosure of your social security number to the insurance company. What the adjuster is really concerned about is the Medicare Secondary Payer Act. 42 U.S.C.§ 1395y et seq.
Under that act, there are reporting requirements whereby the insurance company must report to Medicare whether someone is a Medicare beneficiary so that Medicare can recoup costs from no-fault or liability settlements where a third-party has injured a Medicare beneficiary or is otherwise “on the hook” for injuring a Medicare beneficiary. The simplest way to confirm this is with your social security number.
However, the Medicare Secondary Payer Act does not require an individual to disclose his/her social security number to the insurance company. See the following Memo issued by CMS.
Practically speaking though, most adjusters will simply insist on disclosure. It’s the old golden rule to them, “he who has the gold makes the rules.” Unless you have some inherent paranoia, there really is little harm in disclosing your social security number to the insurance company….except that the insurance company almost certainly uses it to monitor your insurance claim history. See, e.g. the claims bureau index. Lawyer Mark Jones actively practices in the area of personal injury and can advise you regarding this important issue in your personal injury case. Please call 706-225-2555 or toll free at 866-521-MARK today for a free consultation regarding your legal issue.
[schema type=”organization” orgtype=”Corporation” url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones” description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″ city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States” email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-2556″ ] Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones Read More