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Cobb County Personal Injury Attorneys

Our Atlanta Personal Injury Attorneys at Montlick and Associates would like to welcome you to our legal blog. The blog is designed to provide helpful information to injury victims about their legal rights and remedies, and to promote family safety so that accidents can be prevented before they happen. While our attorneys and staff have provided information on many topics, we know that you may have specific questions based on your unique situation. We invite you to contact us for your free consultation with one of our Atlanta Personal Injury Lawyers so that we can evaluate your case, let you know about your legal rights and the steps that need to be taken to protect those rights, and to address your specific concerns and questions.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). Or use our Free Case Evaluation Form or 24-hour Live Online Chat.

Cobb County Medical Malpractice Attorneys

Compensation for Victims of Medical Negligence – Cobb County Medical Malpractice Lawyers

At any given moment in hospital or doctor’s offices in Cobb County and the surrounding areas, hundreds of patients are seeking medical care. Such medical care may take the form of physicals, routine check-ups, diagnostic evaluations, treatment of infectious diseases, surgeries and more. While doctors and other medical professionals are expected to treat our diseases, patch up our wounds, and heal us, sometimes they make mistakes that cause additional or more serious injuries or medical conditions.

Substandard medical care can cause more harm than good. At the law firm of Montlick and Associates, we understand that incompetent medical treatment may lead to many unwanted consequences like intense pain, physical disability, extreme emotional distress and lost household income. Medical malpractice legal actions require extensive knowledge of not only the legal field but the medical profession as well.

Why Is Montlick and Associates the Right Medical Malpractice Law Firm for You?

Our Cobb County medical malpractice attorneys at Montlick and Associates are dedicated to providing victims of medical errors with the diligent and professional representation necessary to recover the financial compensation they need to recover and rebuild their lives. When you experience malpractice at the hands of a medical professional, the law provides remedies designed to make you whole. While it may not always be possible to physically restore your health to the condition it would have been in prior to the health care professional’s error, compensation may be available for getting you as close as possible.

Injuries and adverse medical conditions caused or exacerbated by a physician or other heath care provider can put the victim out of work for an extended period of time, prevent the victim from assisting in household chores and even cause wrongful death. Our Cobb County law firm has been providing aggressive representation against medical malpractice carriers for nearly three decades. Nearly all of our cases settle before reaching trial.

The Surprising Scope of Medical Malpractice

Several years ago, a study conducted by the Institute of Medicine found that medical malpractice was the sixth leading cause of death. Medical malpractice is much more prevalent than most people realize, but many victims never pursue a legal claim for financial compensation. An estimated 98,000 people die per year as the result of preventable medical errors. The number of fatalities resulting from medical errors or omissions is nine times higher than deaths caused by drunk driving. Our dedicated Cobb County medical malpractice attorneys handle the full spectrum of medical malpractice claims including:

  • Failure to properly diagnose a terminal disease
  • Birth injuries
  • Emergency room error
  • Anesthesiologist malpractice
  • Dental malpractice
  • Nursing negligence
  • Infection due to hospital error
  • Improper surgical technique
  • Hospital employee’s negligence
  • Diagnostic exam failure
  • Failure to properly discharge a patient
  • Errors in prescribing medication

Medical malpractice is the failure of a medical professional to exercise the proper standard of care that an otherwise reasonable medical professional would exercise under a similar set of circumstances. In order to succeed in a lawsuit against a negligent medical professional, the patient must establish that the professional’s breach of his/her duty of care caused the resulting injury. In Georgia, medical malpractice lawsuits are more difficult to litigate than regular negligence claims and necessitate the use of medical experts.

Although a successful medical malpractice lawsuit cannot truly make you whole again by restoring your health or a pain free life, the financial recovery can provide for corrective medical procedures, rehabilitation, mental or physical supportive services, diminished earnings, pain and suffering, impaired quality of life, loss of consortium and more depending on the specific circumstances of your Cobb County medical malpractice claim. A medical malpractice settlement or judgment also provides a means to hold doctors and other medical professionals accountable for their negligence.

Have You or a Loved One Been Injured by Medical Malpractice?

If you are the victim of negligence by a doctor or other medical provider, our Georgia medical malpractice lawyers may be able to answer your questions, advise you of your legal rights and assist you in recovering financial compensation. Know your legal rights! We invite you to speak to an experienced Cobb County medical malpractice attorney at Montlick and Associates. Call us today for your Free Consultation. No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Cobb County Truck Accident Attorneys

Victims of Cobb County tractor-trailer collisions typically sustain serious injuries that dramatically impact their lives. Injuries experienced in such accidents include compound fractures, crushed or broken bones, severe head and neck injuries, serious brain injury, internal bleeding and organ damage, severe brain damage, and permanent spinal cord injury. While the physical pain may be overwhelming to a trucking accident victim and his or her family, the emotional effects can be equally as damaging. The financial hardships only add to the stress as extended periods of disability or rehabilitation as well as exorbitant medical costs may drive families to the brink of potential bankruptcy. What can be more devastating are the severe financial consequences victims may face if they suffer partial or complete disability. Our Cobb County truck accident attorneys at Montlick and Associates understand the challenges and hardships that confront Cobb County semi-truck accident victims. For nearly three decades, we have been obtaining favorable compensation for our clients in trucking accident cases.


Unique Nature of Legal and Factual Issues in Cobb County Semi-Truck Accidents

Tractor-trailer accident claims are unique both in complexity and the types of issues that arise. These accidents require detailed knowledge of the complex regulations that are applicable to the commercial trucking industry. Our Cobb County trucking accident attorneys at Montlick and Associates are aware of evolving trucking industry regulations and observant of trucking companies’ unethical approaches to defending trucking collision claims, including the practices of destroying and altering crucial pieces of key evidence.

Our Cobb County trucking accident law firm is determined to work aggressively for you to protect black box recorder data from deletion and prevent attempts to repair damage on tractor-trailers to reduce the risk of losing critical evidence.

Statistical data involving truck crashes reveals the extensive harm caused by accidents involving semi-trucks. Approximately 12 percent of all fatalities caused by motor vehicle accidents involve tractor-trailers although they account for a small percentage of the total vehicles on our highways and roadways. More than 95 percent of the time those who suffer serious injuries are those who occupy the other vehicle when a trucking accident results in serious injuries or even wrongful death. Considering a truck transporting a full load may weigh 40 tons, it is not hard to imagine that the vehicle occupant in the car, pickup or SUV is the individual that suffers injuries that result in permanent impairment of one’s mental or physical abilities. Our established Cobb County tractor-trailer accident attorneys at Montlick and Associates are well prepared and knowledgeable when handling cases involving these massive and uniquely dangerous vehicles.

Critical Cobb County Trucking Accident Evidence: Logbooks and Black Boxes

A crucial consideration in nearly all trucking accident cases is the evidentiary value of truck driver logbooks. Not only does this key piece of evidence contain necessary documentation related to the number of hours behind the wheel in a 24 hour or quasi-weekly period, it also contains information regarding compliance with mandated rest periods. Because drivers may feel compelled by their employers to drive for longer periods of time despite fatigue, drivers often tamper with their logs to satisfy their employers’ wishes. Despite the requirement of drivers to honor hours of service (anti-fatigue) regulations, it is a common practice for drivers to increase their income by disregarding and thereby violating these regulations. Trucking companies frequently approve such behavior since quicker transportation of goods equates to higher profits for trucking companies. Our committed Cobb County trucking accident lawyers perform detailed discovery in order to collect all relevant documentation to expose falsified driver log entries.

A crucial form of evidence regarding tractor-trailer accidents is black box data, which provides essential facts and information in order to establish fault in a Cobb County tractor-trailer accident case. Similar to the black boxes used on airplanes, black box electronic data recorders are computer devices that can provide key evidence, such as the number of hours of service, sudden braking data, speed data immediately prior to a collision, truck maintenance issues and much more. These black boxes provide essential unaltered data that may expose falsified information in manipulated driver logbooks.

Numerous factors cause semi-truck accidents in Cobb County and the surrounding areas in Georgia, some of which include the following:

  • Overloading trailers and exceeding weight limits
  • Drowsy or fatigued drivers
  • Unbalanced or improperly secured loads
  • Failure of truck companies to perform mandated alcohol and drug screenings of drivers
  • Truck drivers that do not pay attention to “no zones” (large big-rig blind spots)
  • Truck malfunctions due to vehicle defects or failing to properly maintain vehicles
  • Unsafe roads or improper route choices, including opting to drive on steep, narrow, or windy roads
  • Truck drivers attempting to meet unrealistic delivery schedules imposed by trucking companies
  • Drivers violating phone text messaging bans and other driver regulations

Our knowledgeable and reputable Cobb County trucking accident lawyers are dedicated to representing tractor-trailer accident victims in securing the necessary compensation they need to rebuild and support their lives and families. If you or a loved one is a victim of a trucking accident, our skilled Cobb County trucking accident attorneys may be able to obtain the financial compensation you deserve, such as payment of medical costs, property damage to your vehicle, lost income and diminished future earning potential, loss of consortium, pain and suffering, negative impacts on one’s quality of life, burial or funeral expense and much more depending on your case’s specific circumstances. Call Montlick and Associates now for a FREE CONSULTATION with our experienced Cobb County trucking accident attorneys and we may even visit you if needed. Call us at 1-800-LAW-NEED (1-800-529-6333) 24 hours a day/7 days a week for a FREE CONSULTATION or visit us online at for our 24-hour live online chat service or our FREE CASE EVALUATION FORM.

Cobb County Product Liability Attorneys

Walking down the aisles of our local grocery store or supercenter, consumers see many products for sale. Many of us make these trips to the store on a weekly basis, stocking up on household goods. Living in today’s world, we often take for granted how safe products have become for the average consumer. However, there are still many dangerous products on store shelves that cause harm to consumers daily. Most consumers regularly see news coverage of lawsuits that are won or settled because manufacturers and suppliers have cut corners in order to maximize profits. The problem is compounded because imports come into the U.S. from countries with poor track records for safety. At Montlick and Associates, our product liability attorneys have the resources to take on large corporations that injure consumers by failing to provide safe products.

Our experienced Cobb County product liability attorneys have been skillfully representing clients who have been injured by dangerous products for nearly three decades. Depending on the facts and seriousness, a case can require a broad range of experts including engineers, economists, physicians, and others. Defective product cases often involve taking on large corporations with vast resources, but our Cobb County defective product attorneys have the wealth of knowledge, familiarity, and expertise to take on the largest corporations in America.

Legal Theories for Pursuing Cobb County Product Liability Claims

Product liability law is a generic phrase that delineates the liability of a supplier of a product to the person that is injured by that product. This area of law is intended to provide compensation to anyone that was injured by the intended use of the product. A person injured by the product can bring a lawsuit against anyone in the chain of distribution; for example, lawsuits can be brought against the manufacturer, the distributor, the wholesaler or the retailer. Our professional legal team is knowledgeable in the area of product liability law and may pursue a product liability claim under the product liability theories of negligence, strict liability, and breach of warranty.

Negligence Claim: A negligence claim is often brought against companies who have failed to act in a reasonable and careful manner, and because of this carelessness, the company was the actual and proximate cause of injury to a user of their product. Generally, a negligence claim is successful when a company’s standard of care has fallen below what a reasonable company would have done under similar circumstances. Examples may include (1) a failure to properly institute safeguards, (2) improper testing procedures, (3) failure to meet governmental guidelines, (4) manufacturing defects, (5) design defects, (6) damage to the product during shipment or other unreasonably careless or inattentive practices.

Strict Liability Claim: Strict liability claims are brought when it is difficult for an injured party to prove negligence. Generally, all commercial suppliers of products owe their foreseeable users an absolute duty to supply hazard-free products. An injured party merely needs to demonstrate that the company provided a defective product that caused damages to the victim. These claims are easier to bring because the required proof is less than that of negligence.

Breach of Warranty Claim: A legal claim based upon a breach of warranty also may be a feasible basis for pursuing a product liability claim. A breach of warranty claim may be based on an implied warranty, such as a warranty of merchantability or a warranty of fitness for a particular purpose; or the warranty may be express, such as when the seller or supplier offers statements of fact which positively guarantee the consumer that the product will perform a certain way.

Types of Product Defects that Cause Injury

There are several varieties of defects that can cause injury. Many of the more common types include design defects, manufacturing defects, inadequate warnings and common defects:

Design Defects: Design defects occur when all the products in an assembly line are produced identically according to the specifications, but have hazardous propensities because of their mechanical features or packaging. An injured party usually has to prove that an alternative, yet reasonable design was economically feasible for the company. Furthermore, courts often look to a variety of factors, including the availability of safer products, the usefulness of the product, the desirability of the product, and the inherent obviousness of the danger.

Manufacturing Defects: A manufacturing defect exists when a product emerges from the manufacturing process different from the other products that were produced. The resulting non-conforming product is more hazardous and unreasonably dangerous because of the manufacturing issues. Generally, victims may prevail here when they prove that the product was dangerous beyond the expectation of the ordinary and reasonable buyer, and the product was not identical to its intended design specifications.

Inadequate Warnings: Products usually must have complete and clear warnings in order to be sold as safe and non-hazardous. Many products lack adequate warnings. Even though consumers may use the product in a way that was not intended by the manufacturer, its foreseeable misuse may form the basis of liability for a failure to attach or provide warnings regarding such misuse. Some examples of inadequate warnings include a prescription or over-the-counter (OTC) drug that fails to list side effects, children’s toys that may cause asphyxiation, or household appliances that pose fire risks.

Common Defects: Common defects are much like a failure to provide adequate warnings. Although a manufacturer of hammers knows that the intended use of such a device is to supply force to nails, for example, the manufacturer should expect that their hammers would also be used as a device that pry open materials such as containers, windows, lids, and other items. Therefore, the manufacturer is expected to have their products conform to such foreseeable uses.

Common Unsafe Products that Cause Injury

Our attorneys at Montlick and Associates have been representing those injured by defective and dangerous products for nearly thirty years. Because of our long history handling such cases, we are qualified to handle most defective product cases. Some cases involving injuries caused by unsafe products that we handle include:

  • Dangerous prescription drugs
  • Over-the-counter drugs
  • Automobile defects
  • Household appliances and electronics
  • Children’s toys
  • Medical equipment
  • Hazardous building substances (e.g., asbestos)

At the federal level, the Consumer Protection Safety Commission is the national watchdog and recall agency that is responsible for protecting the public from unreasonable and unsafe risks from thousands of products manufactured daily. They issue recalls for unsafe products and are dedicated to protecting the public from a myriad of potential problems with products. Unfortunately, products are not recalled until after they have injured someone or been involved in near misses.

If you or a loved one is injured or a loved one dies because of injuries caused by a defective product, you may be entitled to financial compensation. Call our Cobb County product defect attorneys at Montlick & Associates for a FREE CONSULTATION. Our experienced Cobb County product liability lawyers are standing by to assist you. Our attorneys are here to help and may be able to visit you. We offer FREE CONSULTATIONS by telephone and are available 24 hours a day at 1-800-LAW-NEED (1-800-529-6333). Furthermore, please visit us online at to access our free 24-hour live chat service or download a FREE CASE EVALUATION FORM.

Cobb County Auto Accident Attorneys

For nearly 36 years, the Cobb County auto accident attorneys at Montlick and Associates have been providing successful legal representation to those who have suffered injury in auto accidents. Our experienced and knowledgeable personal injury attorneys understand that the consequences of an automobile accident can have detrimental and dire consequences to all parties involved as well as their families. The pain and suffering a car accident victim endures may be chronic and debilitating. For those who are injured in a Cobb County auto accident, the complexities of the legal system and the daunting task of making the responsible parties pay for your injuries can be an overwhelming task.

Factual and Legal Issues in Cobb County Car Accidents

Motor vehicle accidents are responsible for nearly 33,000 deaths annually. Although the automobile industry introduces more and more safety measures each year, cars, trucks and SUVs remain extremely dangerous when not driven safely. In the hands of an inexperienced or negligent driver, a motor vehicle can become a deadly instrument—an instrument that leads to many life-altering injuries each year.

There are many types of negligent driving behaviors that can lead to serious injury or even fatalities. Some of the common types we see in the Cobb County area include the following:

  • Drivers who are on their cell phone.
  • Drivers who are texting or otherwise distracted.
  • Tired and/or drowsy drivers.
  • Drivers committing DUI.
  • Drivers who drive too fast.
  • Drivers who fail to obey the rules of the road.
  • Aggressive or agitated drivers.
  • Drivers who do not conform their driving habits to pertinent weather conditions.

There are even instances where parties other than a negligent driver may share liability for a car accident in Cobb County. The state government or a municipality may be partially to blame because of a failure to build a safe roadway, improve road conditions or repair faulty traffic signals/signs. The manufacturer of a motor vehicle also may be responsible if the vehicle has a defective component that contributes to the collision. A mechanic or vehicle repair shop may even be liable if faulty repairs cause a malfunction in a critical vehicle component of the steering, braking or fuel system.

Our attorneys are dedicated to providing the quality personalized legal service our Cobb County clients deserve. With nearly three decades of positive results and millions of dollars recovered for our clients, you can rest assured that being represented by an attorney from Montlick and Associates means that your case is in safe hands. Our Cobb County auto accident attorneys understand that our clients are more than “personal injury plaintiffs,” they are beloved family members, friends, neighbors, and valued members of our community so they can expect the dignified and compassionate representation that our clients count on.

Cobb County Car Accident Law Firm Handling All Types of Car Accidents

With our vast experience and knowledgeable legal expertise, our Cobb County car accident lawyers at Montlick and Associates have handled nearly every type of auto accident case:

  • Passenger car accidents
  • SUV collisions
  • Multi-car pileups
  • Drunk driving accidents
  • Hit-and-runs
  • Sideswipes
  • Distracted driving accidents
  • Rollovers

An automobile accident can have a devastating impact upon you or your loved one. Our attorneys have settled or tried thousands of cases with many varying degrees of injury, including wrongful death. Some of the more common injuries we have seen in Cobb County include:

  • Fractures to the skull or skeleton
  • Brain injuries
  • Spinal cord injuries
    • Loss of limbs
    • Paraplegia
    • Burns
    • Compound fractures and broken bones
    • Wrongful death

Any of these types of injuries can have permanent life-altering consequences. They frequently result in an injury victim being out of work for an extended time period. The medical bills associated with a motor vehicle accident can be overwhelming and decimate a family financially. Our experienced Cobb County car accident attorneys are here to seek compensation for varying degrees of loss, including medical bills, loss of wages, funeral expenses, and even punitive damages.

If you or a loved one is injured due to the negligence, intentional misconduct or reckless behavior on the part of another, you may be entitled to financial compensation. Call our Cobb County auto accident attorneys at Montlick & Associates for a FREE CONSULTATION. Our experienced personal injury attorneys are standing by to assist you. Our attorneys are here to help and may be able to visit you. We offer FREE CONSULTATIONS by telephone and are available 24 hours a day at 1-800-LAW-NEED (1-800-529-6333). Furthermore, please visit us online at to access our free 24-hour live chat service or download a FREE CASE EVALUATION FORM.

Cobb County Personal Injury Attorneys

Our experienced Cobb County personal injury attorneys at Montlick and Associates provide our clients with the benefit of decades of experience spent handling thousands of injury claims since our law firm was founded in 1984. Our attorneys have the knowledge, expertise and resolve to take on just about any personal injury case because we have successfully handled the full spectrum of personal injury cases like motor vehicle accidents, construction accidents, industrial accidents, dog attacks, slip and fall accidents, injuries caused by medical malpractice and many more.

We have developed successful negotiation and litigation strategies in the course of obtaining millions upon millions of dollars for our clients. Our Cobb County personal injury attorneys are dedicated to seeking out the maximum compensation for all types of injury and loss to facilitate our clients’ ability to rebuild their lives. Some of the personal injury claims that we handle include:

Cobb County Auto Accidents: Motor vehicle accidents constitute the most common legal claim when it comes to personal injury law. Automobile accidents can involve any type of vehicle, including trucks, SUVs, tractor-trailers, motorcycles, trucks, bicycles and even pedestrians. We have successfully represented clients who have suffered severe injuries caused by drunk drivers, distracted drivers, aggressive drivers, speeding drivers and other unsafe drivers. If you have been injured in a motor vehicle accident, you may have a claim against the other driver, a third party or a municipality. While careless drivers cause many Cobb County motor vehicle accidents, others are caused by roadway defects, defective vehicles and even improper auto repairs. Our personal injury lawyers are dedicated to providing clients with the level of service they deserve and to taking on any insurance company that stands in the way of our clients’ recovery.

Cobb County Wrongful Death: Losing someone you love in an accident is absolutely devastating. The emotional toll it has on surviving loved ones can scarcely be overstated. However, the loss of a family member can cause more than just emotional pain; the loss of a family member’s income can financially cripple the family left behind. Medical bills and funeral expenses add up fast. It is important to know your legal rights and seek legal help as soon as possible because the statute of limitations for a wrongful death claim in Georgia is only two years. Our compassionate and dedicated professional legal team is here to assist you in pursuing the monetary recovery you need to secure your future.

Cobb County Slip-and-Falls: Many people suffer serious injury in slip-and-fall incidents because a business owner or other property owner fails to clear hazards such as spilled liquids, uneven flooring, broken steps, bunched up rugs or other hazards. Often times, the hazard is not one that a visitor would be expected to notice. The majority of injuries from slip-and-falls originate inside a commercial business like a store. These serious accidents often result from the store owner or employee’s failure to clean up a mess in an appropriate and timely fashion. Other falls can result from uneven floors, damaged steps and debris or merchandise that obstructs walkways. Falls can result in severe injuries, including head injuries, that require immediate medical attention. If you are injured in a slip-and-fall contact our Cobb County personal injury attorneys for a free case assessment.

Cobb County Animal Attacks (Dog Bites): In a typical year, 300,000 victims require some form of hospitalization as the result of a dog bite. Many victims are children who are especially vulnerable because of their small size and inability to defend themselves. In worst case scenarios, death can occur in a dog bite mauling to victims of all ages ranging from infants to adults. While fatal dog maulings are relatively rare, they have increased over the past 20 years. Dog attack injuries can cause serious physical and emotional damage. Our experienced Cobb County dog bite lawyers are committed to providing zealous representation to dog attack victims.

Cobb County Nursing Home Abuse and Neglect: With our population getting older, more and more people depend on nursing homes and/or other long-term care environments. Many nursing homes are understaffed, and the cost of such care is growing more expensive to deliver in a cost-effective manner. It is not surprising that there are an increasing number of nursing home claims alleging horrific examples of chronic neglect and despicable forms of financial, emotional, sexual and physical abuse. Many loved ones are forced to reside in deplorable conditions and may be denied needed assistance for hours, days or even months. Our Cobb County nursing home abuse attorneys are familiar with the neglect and abuse that seniors suffer in nursing homes and are dedicated to providing the legal assistance necessary to seek the compensation your elderly loved one deserves.

Cobb County Premises Liability Claims: Generally, owners of property have a duty to make their property safe and/or forewarn you of hidden dangers. If you have been injured due to the failure of a landowner, public entity, storeowner, or business owner to make their property safe, you may have a legal claim for financial compensation. These cases are extremely complicated and require an extensive analysis to determine if the property owner is liable for your injuries. Our experienced Cobb County premises liability law firm has nearly three decades of experience handling premises liability claims.

Other Claims: Our attorneys are experienced in many other areas, such as workers’ compensation law, pedestrian accidents, commercial trucking accidents, defective product claims, public-transit accidents, medical malpractice, busing accidents, intentional assaults, bicycle accidents, negligent security claims, sexual abuse or molestation, construction accidents, industrial accidents and many more.

Know your legal rights! If you or a loved one has been the victim of a personal injury, we invite you to call us today. Whether negligent, reckless or intentional conduct caused you injury, you may have a claim. At Montlick and Associates, our dedicated and compassionate Cobb County attorneys are here to assist you. Call us now for a FREE CONSULTATION. Our committed and professional legal team is here to help and may pay you a visit if necessary. Call us anytime at 1-800-LAW-NEED (1-800-529-6333) for a FREE CONSULTATION. Visit us on the web at to complete our FREE CASE EVALUATION FORM or access our 24-hour live chat service.

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.