Johns Creek 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.


Johns Creek Dog Bite Lawyers

The most common victims of vicious dog attacks are young children. When a small child is attacked or mauled by a dog with violent tendencies, the dog attack can leave significant physical scars and even deeper emotional scars. The state of Georgia and local municipalities have ordinances or leash laws in place to protect citizens from particular breeds of dogs and other potentially dangerous animals.

Dog owners generally have a legal duty to restrain their dog and prevent injury to others. When pet owners elect to possess dogs or other animals, they have an obligation to keep these animals properly restrained so that they do not injure others. Dog attacks are a leading basis of homeowner insurance claims annually. If homeowners fail to confine their dogs behind fences or secure them on leashes, this violation of local leash laws may constitute legal ground for a strict liability claim.

Another legal theory for imposing liability in Johns Creek dog bite cases is based on knowledge of past vicious behavior by one’s dog, which is often referred to as the “one bite rule”. However, this rule may be the basis of liability even where a dog has never bitten anyone previously. It is sufficient that the owner should be aware of past behavior that would alert a dog owner of the canine’s aggressiveness, such as lunging, attempting to bite or growling and chasing. If a dog owner has muzzled a dog or posted a “Beware of Dog” sign, this may be important evidence. Where the dog owner is negligent, such as failing to repair a faulty gate, this may also be a basis for imposing liability.

The scope of these duties depends on a wide range of factors so it is important to speak to one of our knowledgeable dog bite attorneys at Montlick and Associates so that we can determine your options and discuss potential compensation.

Johns Creek personal injury law firm fighting for injury and wrongful death victims

Our experienced dog bite attorneys recognize the physical hardships, emotional distress and financial challenges posed by animal attacks. We have assisted many animal attack clients in obtaining compensation for lost salary or wages and medical bills as well as other non-economic damages like pain and suffering, impact on one’s quality of life, punitive damages and other forms of financial recovery.

Be aware of your legal rights! If you or a loved one has been attacked, biten, or mauled by another's dog, animal or pet, our dedicated Johns Creek animal attack lawyers are committed to helping clients financially recover so they can focus on their physical recovery. Call now for your FREE CONSULTATION with Montlick and Associates' experienced dog attack lawyers. Our attorneys are available to help you and may even visit you if needed.

You can call us anytime 24x7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website at www.montlick.com to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.

Johns Creek Premises Liability Lawyers

Georgia premises liability law defines the circumstances under which a person is entitled to financial compensation for injuries that occur on commercial, residential and public property. When you suffer injury because of falls caused by spilled liquids, failure to provide adequate security or dogs that are not properly restrained, you may have a right to pursue a premises liability claim against the property owner.

Generally, a premises owner must be shown to have had knowledge of the dangerous condition, or it must be established that an owner should have known of the potential hazard that caused injury or wrongful death. It is important to promptly seek legal advice when you have been injured on the property of another because an experienced Johns Creek premises liability attorney can evaluate whether you have a viable claim for financial compensation while the evidence and memories of witnesses are fresh.

Our dedicated Johns Creek premises liability lawyers investigate our clients’ premises liability claims with an eye toward uncovering all potential defendants. Depending on the specific facts of the accident or intentional act that caused your injury, you may have a claim for legal compensation against municipal entities, premises owners, property management companies, landlords, owners of shopping centers, nursing homes, parking structure/lot managers, or anyone else charged with the responsibility of maintaining premises in safe condition free of unreasonable hazards. While there are a wide range of dangerous or hazardous conditions that may give rise to a premises liability claim in Johns Creek or the surrounding areas of Georgia, some common examples include:

Johns Creek Negligent Security Claims

When properties are held open to the public like apartment complexes, hotels/motels, stores, restaurants, university campuses, parking lots or other similar properties, the owner or manager of the premises may be liable for violent crimes that occur on the premises if the property owner knew or had reason to know that security on the property was not adequate.

Sometimes victims of assault, homicide, murder, rape, sexual assault or robbery can successfully pursue a legal claim against property owners that fail to warn visitors of the potential risk of criminal activity or that do not install adequate security measures. An experienced Johns Creek premises liability attorney can review crime incident reports and statistics in the vicinity, past criminal acts on the property, security measures in place and other factors to evaluate the viability of a legal claim for personal injury or wrongful death.

While property owners are not expected to guarantee the safety of those who visit their property, they must install reasonable security measures given the scope of the risk. For example, where there has been minimal history of violent criminal activity, minor measures like security cameras or working door locks may be sufficient, but in high crimes areas, armed security may be appropriate.

Johns Creek Slip and Fall & Trip and Fall Accidents

When owners of premises held open to the public like retail businesses, colleges or universities and dining establishments fail to repair fall hazards, they may be held accountable for injuries resulting from these dangers. These risks may include poorly maintained pavement walkways, liquids spilled on floors, defective steps or missing railings and other hazards that contribute to falls. Commercial business owners that invite the public onto the premises are expected to conduct reasonable inspections to identify potential unsafe conditions and take appropriate actions to repair the hazard.

These slip and fall accidents in Johns Creek necessitate investigations to develop evidence for pursuing a legal claim based on unsafe premises including:

  • Nature of the hazard
  • The length of time the hazard has been present
  • Whether the hazard is “open and obvious”
  • Remedial measures taken to eliminate the danger
  • Maintenance and inspection procedures in place
  • Warnings or barriers created to protect visitors

Other Types of Johns Creek Premises Liability Claims

While these are some of the most common forms of premises liability claims, there are as many types of unsafe premises cases as there are hazards on property that may cause injury or wrongful death. Our experienced Johns Creek premises liability attorneys handle all types of serious injury claims caused by unsafe premises on the property of others, including the following:

  • Swimming pool accidents based on improper supervision or faulty equipment
  • Construction and excavation on building sites
  • Failure to eradicate mold or toxic substances
  • Objects that fall from elevations

Johns Creek premises liability law firm fighting for injury and wrongful death victims

Our experienced premises liability attorneys recognize the physical hardships, emotional distress and financial challenges posed by serious injury. We have assisted many clients in obtaining compensation for lost salary or wages and medical bills as well as other non-economic damages like pain and suffering, impact on one’s quality of life, punitive damages and other forms of financial recovery.

Be aware of your legal rights! If you have been injured on the property of another or a loved one has died, our dedicated Johns Creek premises liability lawyers are committed to helping clients recover financially so they can focus on their physical recovery. Call now for your FREE CONSULTATION with Montlick and Associates' experienced Johns Creek unsafe property attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24x7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website at www.montlick.com to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.

Johns Creek Motorcycle Accident Attorneys

As a motorcycle rider, you may already be familiar with the risks of riding on a Johns Creek roadway. With the increased number of passenger vehicles navigating our streets, a motorcyclist is more likely to be involved in an accident. Because cars, SUVs, and trucks are larger than a motorcycle, inattentive drivers often fail to see a motorcyclist in front of their vehicle, behind their vehicle, or in their blind spot. Further, the popularity of texting while driving has led to more and more distracted drivers behind the wheel, placing many motorcyclists in dangerous situations. Since motorcycles are smaller vehicles that offer less stability, it is easy to understand why motorcyclists are vulnerable to the dangers posed by careless and negligent drivers.

Although motorcycles constitute a miniscule percentage of vehicles on streets and highways, their limitations in handling and protection contribute to an average of 3,000 to 4,000 motorcyclist deaths each year. A major study in 2006 concluded that motorcyclists were 35 times more likely to be killed in an auto accident than a passenger vehicle driver or passenger. The National Highway Traffic Safety Administration (NHTSA) also reports that over 100,000 motorcyclists are injured per year. Obviously, motorcyclists are at a much greater risk of suffering serious injury or wrongful death.

For nearly 30 years, our experienced Johns Creek Motorcycle Accident Attorneys have been providing our motorcycle injury clients with the diligent and effective representation that they anticipate receiving when retaining Montlick and Associates. Insurance companies for unsafe drivers defend their clients with experienced defense lawyers and often claim that the motorcycle victim is at-fault because of a lack of care or experience. Our Johns Creek motorcycle lawyers provide our motorcycle accident injury clients with the necessary representation to counter those claims.

Common Causes of Motorcycle Accidents

Negligence is the legal theory that is most often asserted against a motorist who causes a motorcycle collision. Basically, negligent conduct is defined as the failure to show the reasonable care that an ordinary person would have exercised under similar circumstances that causes injury to another. There are many types of unsafe or careless behavior that a driver can engage in which may cause injury to a motorcyclist on a roadway. Some of the more common causes of these types of accidents include:

  • Distracted driving (e.g. texting and/or talking on a cell phone)
  • Drunk driving
  • Speeding
  • Failure to obey traffic signals or roadway signs
  • Tailgating
  • Driver’s failure to signal while changing lanes
  • Failure to check one’s blind spot
  • Defective vehicle parts/components
  • Municipality’s failure to fix obstructions in the roadway (e.g., potholes)

A motorcyclist that is involved in an auto accident with a passenger vehicle is prone to suffer more serious injuries than the other driver. Some of the more common types of injuries that a motorcyclist may experience include the following:

  • Spinal cord injuries
  • Severe head trauma
  • Massive bone fractures and severe disfigurement
  • Loss of limbs
  • Contusions, bruises, and road rash
  • Life-threatening organ damage

It is important to know that if you suffer injuries in a motorcycle accident, it will impose significant hardships on you and your family. Whether you need a single visit to a hospital or years of follow-up treatment requiring physical therapy, virtually any motorcycle crash is going to have a financial impact upon you or your loved ones. The loss of income, healthcare expenses, and household services can be devastating. The mental anguish, stress, pain and suffering, and overall decreased enjoyment of life also must be overcome.

Our Johns Creek motorcycle accident attorneys are aggressive but compassionate enough to understand our clients’ needs. With Montlick & Associates, you can rest assured that our attorneys have the years of experience needed to help you get the outcome you deserve. We are committed to high standards of ethics, extensive knowledge of the law, and the attention-to-detail necessary to obtain the desired outcome.

We invite you to call today for your FREE CONSULTATION with Montlick & Associates. Our experienced Johns Creek motorcycle accident attorneys are ready to assist you. Our attorneys may visit you if needed. Call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website at www.montlick.com to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.

Atlanta Auto Accident Injury Lawyers

When you seek advice from a Atlanta Auto Accident Injury Lawyers at Montlick and Associates, our attorneys have the experience and knowledgeable to analyze the facts of our clients cases, including the law enforcement accident report, witness statements, medical records and other evidence so that we can determine the appropriate legal theories of fault and potential damages. All drivers in Georgia are required to carry liability insurance so you may well being dealing with an insurance adjuster if you are involved in a car accident. Insurance companies can be extremely difficult to deal with, and their financial interests are in direct opposition to an auto accident claimant.

Police should always be summoned to a car accident if you have suffered injuries no matter how minor so that an investigation can be conducted to determine the specific conduct of the other driver that caused the collision and your injuries. A driver who is not paying attention, driving in a careless manner, or driving in a fashion that exhibits indifference to the safety of others will likely be at-fault in a car accident. The legal basis for most car accident claims is negligence, which also requires that you establish that the poor driving of the other driver caused your injuries. Insurance companies are quite adept at developing theories that shift the blame for a car accident to the injury victim so it is important to put the experience of a proven car accident attorney on your side.

Explaining Negligent Driving and Negligence Per Se in Atlanta Car Accident Cases

Negligence as a legal theory refers to an act or omission that poses an unreasonable risk of foreseeable harm to others. There are many examples of negligence that cause motor vehicle collisions, including not concentrating on one's driving, operating a vehicle when tired or intoxicated, disregarding traffic signals, and other unsafe forms of driving conduct. Depending on your case, any of these forms of unsafe driving may be a basis for a court to impose liability on the other driver.

"Negligence per se" is a legal doctrine that imposes strict liability under certain conditions when a driver or other party violates a safety statute or regulation. In the context of a Georgia motor vehicle accident, negligence per se may be a legitimate basis for imposing strict liability on the driver of a passenger vehicle that violates the Georgia Rules of the Road, or a commercial truck driver who violates safety regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) or other federal or state governmental entity. If a driver who is texting on a cell phone blows through a red light and T-bones another vehicle, the driver's failure to stop at the light may be the basis for imposing strict liability, which means the violation constitutes negligence. It is important to keep in mind that even in this situation you must still prove that the driver's negligence caused your injuries.

Every car accident is different so it is difficult to determine fault in any particular collision without understanding the facts and details involved in the collision. While there are no hard and fast rules about which driver can be presumed to be the negligent driver in a collision, some situations where it is more likely that a particular driver is negligent include:

  • Rear End Collisions: Generally speaking, the driver that rear-ends another vehicle will be liable because drivers are always supposed to travel at a safe speed and allow adequate following distance so that they can stop their vehicle and avoid a collision.
  • Left Turn Car Accidents: When a driver proceeding through an intersection makes a left turn into another vehicle that is proceeding straight through an intersection, the driver turning left will usually though not always be at-fault. Exceptions to this general rule might involve the driver proceeding straight speeding or running a red light.

If you are involved in a motor vehicle accident in , you should immediately call 9-1-1 so that the police will come to the scene of the accident. The officer will interview the occupants of each vehicle involved in the crash, as well as any witnesses who were at the scene. The officer will also make note of any other pertinent details in his or her report. When you speak with the officer, you should indicate what negligent driving conduct by the other driver caused the collision. Common causes of car accidents that may be the basis for fault include:

  • Driving at an unsafe rate of speed
  • Talking or texting on a mobile phone while driving
  • Following too closely
  • Distracted driving
  • Failure to yield or obey stoplights/signs
  • DUI/DWI (drunk driving)
  • Making an improper turn
  • Driving too quickly in wet or foggy conditions
  • Traveling in the wrong direction

Other factors that can contribute to an accident and cause serious injuries may include vehicle defects, poorly marked construction zones, and traffic signs that are partially or completely obscured. Our Atlanta auto accident injury lawyers have extensive experience investigating the facts surrounding car accidents so that we can determine the best possible strategy for obtaining the compensation our clients need when suffering injuries, including:

  • Head injuries resulting in traumatic brain injuries
  • Spinal cord injuries resulting in loss of mobility or sensation
  • Severe damage to internal organs
  • Compound fractures and bone crush injuries
  • Whiplash
  • Torn ligaments and tendons
  • Dislocations
  • Burns and severe lacerations
  • Wrongful death

If you have suffered any of these injuries, other injuries, or a loved one has died, our experienced car accident attorneys may be able to pursue a number of different types of compensation, including costs of medical care and rehabilitation, impairment of future income and current lost wages, pain and suffering, diminished quality of life, adverse impact on your marital relationship, burial or funeral expenses and other damages based on the specific facts of your car accident case.

If you or your family member is coping with the financial, physical and emotional burdens created by a car accident, help may be just a phone call away. Be aware of your legal rights! If you have been injured in a car accident because of a negligent driver, you may be eligible for financial compensation. Call now for your free consultation with Montlick and Associates experienced car accident attorneys.

Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for your free consultation. Alternatively, you can visit our website www.montlick.com to make use of our free consultation form or 24-hour live online chat service.

Atlanta Injury Attorney

Because most people that are involved in a personal injury case may never have had contact with the legal system, they often have little idea what to expect or how to protect their personal injury claim. Our experienced Atlanta injury attorney understand the confusion and anxiety that typically accompanies an accident that results in serious injury. Atlanta personal injury attorneys at Montlick and Associates also know that many personal injury claims are compromised because accident victims are not sure what to do in the wake of an accident to preserve their personal injury claim. Our Atlanta personal injury lawyers have been representing those injured by the negligent, reckless, and intentional actions of others since our law firm was founded in 1984.

If you are injured in a motor vehicle accident, trip and fall incident, accident involving heavy machinery at a construction site, or in any other incident caused by the careless or intentional misconduct of a third-party, you should seek immediate medical attention. Critical evidence can disappear and witness memories may fade so you should seek immediate legal advice from an Atlanta injury attorney to ascertain your rights and potential remedies. While our Atlanta personal injury law firm handles the full spectrum of injury cases, we have provided some common examples of the types of Atlanta construction accidents that we handle below.

Atlanta Construction Accidents: Our Atlanta construction accident attorneys at Montlick and Associates recognize the many workplace hazards that face those who work in the construction trades. Hundreds of thousands of those employed in the construction industry are injured or die annually in construction accidents. Some of the hazards that may cause injury, which our experienced Atlanta construction accident lawyers are qualified to handle includle:

  • Cranes, forklifts, excavators, and other heavy machinery
  • Open floors, scaffoldings, and ladders that lead to dangerous falls
  • Motor vehicles driven by careless or inattentive drivers
  • Exposure to hazardous substances like asbestos, explosive, or toxic materials

Atlanta Auto Accidents: When you are involved in an auto accident in Atlanta, you may be overcome with a wide range of emotions including pain, stress, fear and even anger. While this mix of emotions is both understandable and predictable, it can impair your ability to take appropriate action to preserve your John's Creek auto accident claim. Our experienced Atlanta auto accident attorneys at Montlick and Associates have been providing legal representation to Atlanta car accident victims so they can rebuild their lives since our firm was founded almost three decades ago. If you or someone you love is injured or a loved one dies in a Atlanta auto accident, we invite you to speak with one of our knowledgeable car accident attorneys said we can evaluate your claim and advise you regarding your legal options.

Atlanta Motorcycle Accidents: While the popularity of motorcycles has increased dramatically, the handling limitations and lack of structural protection of motorcycles has prevented motorcycle safety developments from keeping pace with their increased use. If you are a motorcycle enthusiast, you are far more likely to be involved in a serious collision and to suffer permanent injury. Many Atlanta motorcycle accidents are the product of inattentive or inconsiderate drivers of passenger vehicles that fail to treat motorcyclist with the same courtesy as drivers of other vehicles. We encourage you to contact a dedicated Atlanta motorcycle accident attorney at Montlick and Associates who may be able to handle communications of the other driver's insurance company and diligently pursue your best interest.

Atlanta Trip and Fall Claims: Many people injured in trip and fall accidents in Atlanta presume that their injuries are only minor. This assumption is fostered by media depictions of slip and fall accident victims as malingerers who exaggerate their injuries. Despite such depictions, the reality is that many Atlanta trip and fall victims suffer permanent injuries that may impact your family relationships, employment, and ability to fully enjoy life. At Montlick and Associates, our Atlanta trip and fall attorneys are committed to fighting such misconceptions so that we can obtain the compensation our clients need to rebuild their lives.

Atlanta on the Job Injuries: Atlanta employers have a legal obligation to provide a safe work environment or their employees. Sometimes employers under pressure to cut costs and increase revenue elect to cut corners rather than provide the full measure of safety precautions to prevent injury to employees. The workers' compensation system generally provides a remedy for employees who suffer on-the-job injuries without requiring that the employee establish fault on behalf of the employer. This means that if you are injured at your place of work or while performing a job related function for the benefit of your employer, you generally can seek workers' compensation benefits. While workers' compensation benefits may include medical care, lost wages, and compensation for permanent disability, the measure of recovery is typically far less than what is available pursuant to a personal injury claim. Our Atlanta workers' compensation attorneys invite you to contact us so we can evaluate your workers' compensation claim or even your potential personal injury claim against a third-party.

Atlanta Defective Product Claims: Most consumers who leave the store excited about their new purchase never contemplated the possibility that the product that they just bought may cause serious injury. However, there are people throughout the country every year who suffer significant injuries caused by products that are poorly designed, defectively manufactured, improperly tested, and inadequately labeled. If you are injured by a defective product, you may have a legal right to pursue a product liability claim against anyone in the production or distribution chain for the product. Our Atlanta product liability lawyers have been successfully taking on large corporations that produce unsafe products since we were founded in 1984.

Atlanta Pedestrian Accidents: There are many motor vehicle accidents throughout the country with over 100,000 per year involving a pedestrian. Tragically, the vulnerability of a pedestrian makes this term "minor pedestrian accident" a contradiction in terms. Most pedestrian accident victims suffer some form of severe injury including broken bones, damage to the spinal cord, brain damage and other severe forms of injury. While most pedestrian accidents in Atlanta are the product of careless or distracted drivers, sometimes the failure of the city or other governmental body to provide appropriate safeguards to protect pedestrians can also cause a serious Atlanta pedestrian accident. When you or someone you love suffers the serious type of injury that is typical of a pedestrian accident, our experienced Atlanta pedestrian accident attorneys may be able to seek financial recovery to protect you or your loved one's quality of life.

Atlanta Tractor-Trailer Accidents (Trucking Accidents): If you are injured in a Atlanta trucking accident, you need a law firm with the specialized knowledge required to confidently handle trucking accident litigation or settlements. Whether you are injured in a jackknife accident, under-ride carriage accident, tractor-trailer overload accident or any other form of trucking accident, the experienced Atlanta tractor-trailer accident attorneys at Montlick and Associates have the experience and knowledge that comes from representing clients in trucking accidents in Atlanta for almost three decades. Our trucking accident lawyers are familiar with the special laws and regulations that govern trucking industry practices as well as the tactics used by trucking companies to avoid liability.

Atlanta Dog Attacks: The most common victims of vicious dog attacks are young children. When a small child is attacked or mauled by a dog with violent tendencies, the dog attack can leave significant physical scars and even deeper emotional scars. Atlanta dog owners generally have a legal duty to restrain their dog and prevent injury to others. The scope of this duty depends on a wide range of factors so it is important to speak to one of our knowledgeable Atlanta dog attack attorneys at Montlick and Associates so that we can determine your options and discuss potential compensation.

Atlanta Nursing Home Abuse and Neglect Claims: One of the most difficult tasks that many people face is placing an elderly loved one in the care of a nursing home facility. The media in recent years has reported on many horrific cases of abuse and neglect of the elderly in nursing homes throughout the country. If someone you love has been the victim of physical assault, sexual exploitation, financial abuse or chronic neglect, you may be able to fight back and protect your loved one by pursuing a Atlanta nursing home abuse and neglect case. Our Atlanta nursing home abuse and neglect attorneys are committed to protecting vulnerable seniors from mistreatment by those who are hired to provide for their care.

Atlanta Wrongful Death Claims: If you have lost someone you love to a drunk driver, distracted driver, defective product, or any other form of indifferent or unreasonably careless behavior, our experienced John's Creek wrongful death attorneys recognize that there is no amount of financial compensation that we can give you back what you have lost. Although we are unable to give you back the love and companionship of your lost family member, we can help ease the financial hardships that can be caused by a loss of household income. Our experienced John's Creek wrongful death attorneys may be able to seek damages suffered by your deceased loved one as well as your own personal emotional and financial losses. Our compassionate team of Atlanta wrongful death lawyers is committed to representing the families of Atlanta wrongful death victims with respect, diligence, and compassion.

Know your legal rights! Whether you are injured by the negligent, reckless, or intentional act of a third party, we invite you to speak to an experienced Atlanta personal injury 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 www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.


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.