Thanks to YOU the law firm of Simmons Rogers, LLC is celebrating its second anniversary! Our anniversary just happens to fall around the Thanksgiving holiday. The beauty of the Thanksgiving holiday is that it garners a spirit of reflection and gratitude. As we reflect on the past year we can't help but be grateful and give thanks for all of our wonderful clients, colleagues, and supporters. This year was tough because two of the firm's clients died. One of the deaths was a total surprise, but the other we knew to expect. Nevertheless, both losses were heartbreaking because our clients become apart of our family. Even with the lows that come with loss, we have had a great year. We have experienced some incredible highs and welcomed some amazing new clients to our Simmons Rogers Law family. They say time flies when you are having fun and we have to agree. As we enter our third year in business, we must admit these first two years have zipped by. It is such a blessing to be able to do what you love and help people at the same time. We know that success is not given to everyone who wishes for it, and that a large number of new businesses fail within the first 12-18 months. As such, we do not take it for granted that we are still here celebrating 2 years! Thank you for trusting us with your business, thank you for your referrals, and thank you for helping to make the Georgia law firm of Simmons Rogers, LLC a success! We look forward to year 3 and we invite you to get to know us by checking out our website and engaging with us on social media. FOR IMMEDIATE RELEASE Simmons Rogers, LLC Announces Contract With Governor’s Office of Transition, Support and Reentry
ATLANTA, GA — Simmons Rogers LLC and its managing partner, Maya Simmons Rogers, recently announced a contract from the Governor of Georgia’s Office of Transition, Support and Reentry ("GOTSR"). The firm – in conjunction with Robert E. Keller, a former Clayton County, Ga. District Attorney – will assist the office in composing, clarifying and updating the policies and procedures of state agencies as they relate to reentering citizens. Read more about the GOTSR here. “We are excited about the opportunity that has been entrusted to our firm and we look forward to doing meaningful work on behalf of the Governor’s Office of Transition, Support and Reentry. We believe the decision to hire us is a testament to our work ethic and work product. Through this contract, we hope to help state agencies develop policies and procedures that will impact returning citizens in a positive way, reduce recidivism and forever transform Georgia into a safer, stronger state,” Rogers said. About Simmons Rogers, LLC: Simmons Rogers, LLC helps businesses and individuals navigate the inevitable legal mazes of life. The firm provides a wide range of professional legal services to businesses and individuals, not just in Atlanta, but throughout the State of Georgia and beyond. “We take pride in providing the quality of service and the level of representation you would expect from a large law firm at small firm rates,” Simmons Rogers said. About Maya Simmons Rogers: Ms. Rogers has created policies and procedures for private sector businesses and non-profits over the past decade. She spent several years working for local and national law firms based in Atlanta before launching Simmons Rogers, LLC. Read more here. About Robert E. Keller: Mr. Keller has nearly four decades of experience with Georgia’s criminal justice system. He has served as a Clayton County, Ga. District Attorney, on the Georgia Board of Pardons and Paroles and is the former Deputy Director of GOTSR. For more information about Simmons Rogers, LLC please visit our website. You may also contact the firm by phone at (404) 445-8146 or by e-mail at info@simmonsrogerslaw.com. You might be wondering what is heir property!?! Heir Property is defined as land held in common by descendants of a person who dies without a valid will or whose estate was not offered for probate (meaning it was not taken to probate court for administration). Heir property can also be created when a will leaves property to more than one beneficiary. When a person dies without a valid will, the person dies intestate. All of the property owned by that person is considered intestate property. Intestate property typically passes down automatically to the qualifying heirs as tenants in common. (There are situations when the intestate property does not pass to all of the qualifying heirs but we won't cover them in this blog post.) Likewise, if a will leaves property to multiple beneficiaries, the beneficiaries own the land as tenants in common. As tenants in common, each heir owns a fractional interest in each piece of intestate property which gives each heir equal rights to use and possess the property. While this may not seem like a big deal, when it comes to real property (i.e. land and all of the structures on said land) it is. When there are multiple heirs, owners, the heir property title is considered clouded. As a result, in order to do anything with the land all of the heirs must agree. However, unanimous agreement among heir property owners is rare. In Georgia, especially rural areas, heir property is a common problem. The 5 biggest disadvantages of owning heir property are:
So what can you do to protect your family's heir property?
If there is no heir property in your family, give your ancestors a standing ovation! Then do your part to ensure that heir property never becomes an issue in your family by hiring an attorney to draft a valid will for you as a part of a comprehensive estate plan. Although almost everyone has been in at least one motor vehicle accident, most of us still wonder what to do after an accident. Often times when motor vehicle accident victims seek compensation for their injuries they learn they do not have all of the information they need. Whether you are involved in a car accident, truck accident, motorcycle accident, or any combination thereof here is a checklist of the top 10 things you should do after an accident to protect yourself and your rights. Bookmark this page so the next time you or a loved one is an accident, you will know exactly what to do. 1. Ensure the Safety of Yourself and Others When possible get yourself and others out of the way of moving traffic. In Georgia, the law also requires you to move the vehicles out of the roadway, if there are no apparent serious personal injuries or death, the vehicle is capable of being normally and safely driven without further damage or hazard to the vehicle, traffic elements, or to the roadway. If there are apparent serious personal injuries or death do not move the vehicles until the police arrive and finish their investigation. 2. Get A Police Report Call the police immediately and report the accident. No matter what offer the other party makes always report the accident and wait for the police to arrive so that a police report can be made. If you make a deal with the other driver and do not get a police report you may cause even greater harm to yourself - especially if they do not keep there end of the deal. 3. Watch Your Mouth Be mindful of what you say and don't make any admissions. Any admissions made at the scene of an accident can be used against you. By no means are we advising you to lie to the police. Answer the questions asked by the police honestly, but limit your conversations with the other driver, passengers, and witnesses. 4. Exchange Information Exchange insurance information with the other driver and make sure you get their name, driver's license number, address, and phone number as sometimes the insured is not the driver. You should also get the other vehicle's tag number. 5. Get Contact Information From Witnesses If you notice anyone who may have witnessed the accident obtain their name, address, and telephone number as soon as possible. Many times witnesses leave once the police arrive and the safety of the accident victims are secured. 6. Take Pictures and Make a Video If you have access to a camera or a camera phone, take pictures of the accident and/or make a video. Make sure you record the condition of both vehicles, the conditions of the accident scene, and the condition of the people involved in the accident. (If family or friends arrive at the scene this is a great task for them.) 7. Seek Medical Attention Health is wealth, so don't gamble on your health. If an ambulance arrives on the scene let them check you out. Once you have been evaluated you can determine what additional emergency medical treatment is needed. If you don't need emergency medical care, you should still seek medical treatment as soon as possible to ensure that you don't have any hidden injuries because after an accident, most people are shaken up and do not feel any pain right away. 8. Take Notes At your earliest convenience, begin taking notes of the circumstances of the accident. If you are able, write down information while you are still at the crash site when it is fresh in your mind. The more details the better. Things to note include but are not limited too:
If it is determined that you need further medical treatment then it is imperative that you follow the doctor's orders. Don't skip appointments, therapy sessions, etc. If you are not satisfied with the treatment you are receiving, then switch doctors as soon as you find someone you are comfortable with. 10. Contact a Personal Injury Attorney Some advertisements may lead you to believe that if you were in an accident you are automatically entitled to money. However, that is not the case. The earlier you contact a personal injury lawyer, such as Maya Simmons Rogers of Simmons Rogers, LLC, the better. An attorney will evaluate your situation and determine if you have a case. If you have a case, your attorney will begin preserving and perfecting all of the necessary evidence. Whether you have a case or not, a good personal injury attorney will also advise you on how to further protect your rights. Even if you feel the accident is your fault, you should still follow these steps because the information you provide and collect might be useful as a part of your defense. Intellectual property is one of the most valuable assets businesses (and individuals) own. There are several different forms of intellectual property, but this blog post will focus specifically on copyrights. In the United States, copyright law is based on federal laws enacted by Congress. The Copyright Act of 1976 governs copyright law and defines what can be copyrighted, what is copyright infringement, and the available remedies when there is infringement. A copyright is the exclusive legal right to copy, print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. Copyrights apply to original works in the form of a tangible medium. "Original" meaning brand new and "tangible medium" meaning in a fixed format including but not limited to: architectural works, blogs, books, choreographic works, graphic designs, photos, printed images, scripts, songs, and website content. As the author of the work and/or owner of the copyright you alone have the right to make copies of your work, distribute your work, make derivative works, perform your work publicly, display your work publicly, and make modifications to your work. These rights may be transferred or assigned in whole or in part by the author. Unless otherwise agreed in writing, work created by an employee is typically owned by the employer. As the owner of a copyright, it is generally illegal for anyone to copy, distribute, perform, or display work created by you without your permission. However, there are some exceptions and limits to your rights. And while a copyright is automatic, there are certain rights you can only get if you register with the US Copyright Office, such as the right to bring an infringement lawsuit and the ability to get statutory damages. A copyright attorney can help you register your work and protect your copyrighted work from further infringement. It is important to note copyrights do not last forever. Under the current laws, copyright protection starts from the moment of creation and continues until 70 years after the death of the author. That means that if in 2015 someone writes a song and dies in 2055, the copyright will not expire until 2125 - 70 years after 2055. If there are two or more authors of a work, then the term of copyright lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works, the duration of copyright is 95 years from publication or 120 years from creation - whichever is shorter. Once the term of a copyright expires, the work becomes apart of the public domain. When a work is in the public domain anyone can copy it and use it without permission. If you have questions about your rights as a copyright owner or a work that you are interested in protecting via copyright registration, contact the Atlanta based law firm of Simmons Rogers, LLC. Simmons Rogers, LLC is pleased to announce that Atlanta based attorney Maya Simmons Rogers has been selected as one of The National Black Lawyers - Top 40 Under 40. This honor is given only to a select group of lawyers based on their achievement, community involvement, leadership, superior skills and qualifications. Membership in this exclusive organization is by invitation only, and is limited to the top 40 attorneys under the age of 40 in each state or region who have demonstrated excellence and have achieved outstanding results in their careers. The National Black Lawyers- Top 40 Under 40 is an invitation only professional honorary organization composed of the Top 40 Black Lawyers under the age of 40 from each state who serve individuals, families and businesses needing attorneys to represent them in the American legal system. Membership is limited to those attorneys who focus their practices in the following areas of law: Civil Plaintiff including Personal Injury; Criminal Defense; Civil Rights; Matrimonial and Family Law; Bankruptcy Law; Social Security Disability Law; Immigration Law; Employment Law; Wills, Trust, and Estates; Banking & Finance; Business Formation; Labor and Employment Law; Business Transactions; Corporate Law; Litigation Defense; Intellectual Property; Trademark and Patents; Real Estate; Securities and Antitrust Defense; and Taxation. The National Black Lawyers provides accreditation to these distinguished attorneys, and also aims to provide essential legal news, information, and continuing education to lawyers across the United States. By being selected, Maya Simmons Rogers has shown that she exemplifies superior qualifications, leadership skills, and has achieved successful results for her clients. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Black Lawyers: Top 40 Under 40 is an essential source of networking and information, the final result of the selection process is a credible and comprehensive list of the most outstanding lawyers chosen to represent their state or region. Our very own attorney, Maya Simmons Rogers, was featured on Atlanta Legal Experts Radio, a weekly internet radio show hosted by Emily Rowell on Buckhead Business RadioX. During the show Mrs. Rogers was able to share valuable information about the firm and participate in a round table discussion on transitioning from a large law firm to a small/solo practice. The Atlanta Legal Experts Radio show reaches out to attorneys and associates in the legal field and provides much needed information revolving around the most relevant topics in today’s legal world. Their guests consist of attorneys who are experts in their field, representatives from local legal associations, and a mix of legal professors, authors, and speakers to provide the audience with a resource of beneficial information. The show airs weekly on Tuesdays at 8 AM Eastern. Click here for more information on the show. A statute of limitations is a law that essentially sets a deadline for you to pursue legal action against companies or individuals who may have caused you some injury or harm. If you fail to file a lawsuit within that time period, you may forever forfeit your right to pursue compensation for your injuries. These time limits can vary, depending on where you were injured and who or what caused the injury. In general, the Georgia statute of limitations for personal injury claims is two years. If you think you may have a claim for personal injury, first check to be sure that you are within the 2 year time limit. However, be aware there are exceptions to the general rule, which are discussed below. When does the clock start to run? Logic would tell you that the clock starts to run on the date you were injured. In most cases, this is true. Sometimes, however, you may not be aware you were injured because the injury does not affect you immediately. In these cases, the rule of discovery comes into play. The rule simply means that the clock starts to run when you discover or become aware of the harm or injury, rather than when it actually occurred. Claims such as medical malpractice, worker's compensation, products liability, and other types of personal injuries may not be immediately apparent, and in some cases they may not become evident for years after the actual injury occurred. Some circumstances may pause the statute of limitations clock even if you are aware of the injury. This can occur in cases where you suffer a period of incapacity or you are a minor. For example, if you fall into a coma after a truck accident, the statute of limitations is tolled, or paused, until you awake from the coma. For minors, the statute is usually tolled until the minor reaches the age of 18. However, in some cases the law will prohibit you from bringing a lawsuit regardless of when you discovered the injury or how long you were incapacitated. Georgia recognizes a 5 year statute of repose for medical negligence claims. This means that if you are injured by a doctor or medical professional, you must bring the claim within 5 years of the medical procedure or diagnosis. If the symptoms of the injury only become apparent after 5 years, the claim is nevertheless forfeited. When it comes to products liability, in Georgia, a 10 year statute of repose applies to strict liability claims beginning from the date of manufacture. This means that if you are injured by certain dangerous or defective products, you may only bring a lawsuit if the product was manufactured less than 10 years prior to the injury. What if an employee or action of the government injured me? State and Local Governments Pre-suit notice is required before suing a government entity in Georgia. If pre-suit notice is not given within the required time period, you will not be permitted to file a lawsuit against that government entity. In Georgia, the statutes require notice to a county or state government within 1 year of the injury; notice to a city government is required within 6 months of the injury. The Federal Government In order to sue the United States for personal injury, you must go through an administrative process mandated by the Federal Tort Claims Act ("FTCA"). The administrative procedure involves the submission of a Form 95. You must present the Form 95 to the appropriate federal agency within 2 years. Submission of the form, under the rules of the FTCA, tolls the 2 year statute of limitations and triggers a moving statute of limitations. Have you been injured by someone else's negligence? Knowing which time period applies, as well as how to comply with the applicable notice procedure, can be difficult on your own. Likewise, the statutes of limitations vary from state to state. Therefore, you should always consult an attorney if you think you have a personal injury claim. If you have a question about a personal injury you sustained as a result of someone else's negligence, send us an email or give us a call to schedule your free consultation. The Simmons Rogers, LLC law firm will analyze your claim to determine its merit and help you navigate your personal injury claim. This month Simmons Rogers, LLC is celebrating the completion of our first year in business! As we approach the Thanksgiving holiday, we couldn't help but reflect on the past year and give thanks for all of our wonderful clients and supporters. It is hard to believe that it has already been a year - boy time flies. Without your business, referrals, and support we know that this accomplishment would not be possible. As we begin our second year in business, we will continue to focus on providing skilled legal services at reasonable rates. If you have not yet had a chance to get to know our firm, we invite you to explore our website and check us out on Facebook and LinkedIn Year 1 has been one for the books and we look forward to Year 2! Whether you are a corporation, a limited liability company, or operating as a professional corporation in Georgia, you should be aware that the Secretary of State requires all businesses to have a registered agent. If your business fails to properly comply with the requirements, you may be subject to fines, your company may be dissolved, and your business could miss important legal notices which could lead to default judgments (meaning your business could lose a case simply because your business did not receive actual notice and did not respond in a timely manner). What is a registered agent? A registered agent is the person or company designated to accept service of process, legal communications, and other official documents on behalf of your business. Your registered agent can be located anywhere in the state of Georgia. The registered agent can be an owner or an employee of the company or it can be a third party. Typically, if a business uses a third party registered agent, it is the business' lawyers or a corporate service company. What are the benefits of having a third party as your registered agent? Using a third party, such as an attorney or law firm, as your registered agent provides an additional layer of protection for your business. Below are a few of the many benefits:
Simmons Rogers, LLC offers registered agent services to both existing businesses and those in need of assistance with formation. If you are thinking about starting a business, or if you want to change your Georgia registered agent, feel free to contact us at info@simmonsrogerslaw.com. |
Simmons Rogers, LLCSimmons Rogers, LLC is a full- service civil law firm based in Atlanta, Georgia. We provide legal services as well as mediation and arbitration services, to businesses and individuals throughout the state of Georgia and beyond. Archives
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This blog is not intended to be a complete explanation of the law. Its purpose is to inform, not to advise on any specific legal problem or legal rights. If you have specific questions regarding any topic in this blog, you are encouraged to consult the Atlanta based law firm of Simmons Rogers, LLC or an attorney licensed in your
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