ELLIS HOYLE KING de KLERK, LLC

Family Law
Description: Family Law includes topics such as divorce, legal separation, child custody, child support, and legitimation and paternity actions.
1. Divorce
The general public may gather many misconceptions from what they see and hear regarding their rights in the area of domestic relations. In Georgia, there are thirteen separate grounds for divorce, including a “no fault” ground, that the marriage is irretrievably broken. Where the parties are able to reach an agreement in writing as to all issues related to the marriage, which is acceptable to the court, it is possible to obtain a divorce within thirty-one days of filing the appropriate documentation. When agreement can not be reached on one or more issues, a judge or jury may be called upon to decide. More and more cases of divorce, and modification of former divorce decrees, are being sent to mediation by the courts of this state. Mediation is considered an efficient, cost-effective manner of resolving disputes.
2. Modification Actions
Once a divorce decree is entered by the court, it is binding and enforceable as against both parties. However, where certain conditions are met, a modification action may be pursued. Where sufficient “changed circumstances” exist, alimony and child support obligations, or child custody may be modified through court action.
3. Child Custody and Support
The courts of this state are keenly aware of legislative guidelines for awarding custody and support of minor children. Courts must ensure that the best interests of the child have been considered in awarding custody. Support is based on a percentage of the gross income of the non-custodial parent.
4. Legitimation and Paternity Actions
A child born out-of-wedlock may be legitimated by either parent through appropriate court action. Certain rights and privileges may be gained through the courts which otherwise, would not apply.

General Civil Trial and Appellate Practice
Description: General Civil Trial Practice includes the aforementioned as well as cases such as contract disputes, product liability and much much more. Cases lost at the trial level may be appealed to the higher courts of this state.

Workers' Compensation
Description: If you are injured on-the-job, you have certain rights and entitlements. For instance:
1. A Choice of Medical Providers from a Posted Panel of Physicians
Every employer with 3 or more full-time employees, is required by law to post a panel of physicians from which an employee may choose to receive treatment in the event of sustaining an on-the-job injury. If the employer fails to post a panel of physicians, an experienced worker’s compensation attorney can assist the injured worker with negotiation for the best medical care.
2. Payment of All Related Medical Bills
Employers are required to pay all medical bills incurred as a result of reasonable and necessary treatment provided by an authorized physician for an on-the-job injury. This includes the bills of the chosen “posted-panel” physician as well as any bills of physicians to whom the injured worker was referred by the posted panel physician, as well as any necessary emergency treatment the employee receives from a non-posted panel physician. The injured worker is also entitle to a “one time” independent medical examination from a physician of his or her choice and a “one time” permanent change of his/her chosen posted panel physician.
3. Temporary Total Disability Benefits
In the event an employee is rendered temporarily unable to work as the result of sustaining an on-the-job injury his employer is required to pay temporary total disability (TTD) benefits as compensation for missed income. TTD is due to an employee who has missed a specified amount of time from work at the direction of his or her physician.
4. Temporary Partial Disability Benefits
In the event an employee is able to return to work, but with certain restrictions (i.e. working fewer hours and/or a lighter duty job for less pay), his or her employer is required to pay temporary partial disability (TPD) benefits. TPD compensates the employee for the difference in earning ability before and after the injury.
5. Permanent Partial Disability Benefits
When an employee is released from doctor’s care or after receiving treatment for a certain amount of time, he or she may be given a permanent partial disability (PPD) rating from the treating physician. A PPD rating reflects the percentage of permanent loss to the person of an employee. For example, if an employee is given a 10% PPD rating, to the body as a whole, his or her body will forever function at 90% of its original capacity. A formula provided by Georgia law is then applied to determine the monetary value of permanent loss.

Personal Injury
Description: Personal Injury includes a variable array of categories, including but not limited to: Auto Accidents, Premises Liability, Slip & Falls and Medical Malpractice. In most cases, victims are generally entitled to:
1. Payment of Property Damage
Victims are generally entitled to reimbursement for damages to vehicles and property contained therein in the case of automobile accidents. Victims are also generally entitled to reimbursement for damage to personal property in premises liability and slip and fall cases.
2. Payment of Medical Bills
Victims are generally entitled to payment and reimbursement of all medical bills related to treatment received for injuries sustained in an accident.
3. Compensation For Pain And Suffering
Victims are generally entitled to compensation for pain and suffering. The value of recovery for pain and suffering is based on a determination made by the jury through their enlightened conscience, but may be based loosely upon the dollar amount and type of medical treatment required along with the amount of permanent damage sustained.

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ELLIS HOYLE KING de KLERK, LLC
315 W. Ponce De Leon Avenue , Suite 475, Decatur, GA 30030
Phone: (404) 378-7500 Fax: (404) 377-4881

	Family Law Description: Family Law includes topics such as divorce, legal separation, child custody, child support, and legitimation and paternity actions. 1. Divorce The general public may gather many misconceptions from what they see and hear regarding their rights in the area of domestic relations. In Georgia, there are thirteen separate grounds for divorce, including a “no fault” ground, that the marriage is irretrievably broken. Where the parties are able to reach an agreement in writing as to all issues related to the marriage, which is acceptable to the court, it is possible to obtain a divorce within thirty-one days of filing the appropriate documentation. When agreement can not be reached on one or more issues, a judge or jury may be called upon to decide. More and more cases of divorce, and modification of former divorce decrees, are being sent to mediation by the courts of this state. Mediation is considered an efficient, cost-effective manner of resolving disputes. 2. Modification Actions Once a divorce decree is entered by the court, it is binding and enforceable as against both parties. However, where certain conditions are met, a modification action may be pursued. Where sufficient “changed circumstances” exist, alimony and child support obligations, or child custody may be modified through court action. 3. Child Custody and Support The courts of this state are keenly aware of legislative guidelines for awarding custody and support of minor children. Courts must ensure that the best interests of the child have been considered in awarding custody. Support is based on a percentage of the gross income of the non-custodial parent. 4. Legitimation and Paternity Actions A child born out-of-wedlock may be legitimated by either parent through appropriate court action. Certain rights and privileges may be gained through the courts which otherwise, would not apply.

	General Civil Trial and Appellate Practice Description: General Civil Trial Practice includes the aforementioned as well as cases such as contract disputes, product liability and much much more. Cases lost at the trial level may be appealed to the higher courts of this state.

	Workers' Compensation Description: If you are injured on-the-job, you have certain rights and entitlements. For instance: 1. A Choice of Medical Providers from a Posted Panel of Physicians Every employer with 3 or more full-time employees, is required by law to post a panel of physicians from which an employee may choose to receive treatment in the event of sustaining an on-the-job injury. If the employer fails to post a panel of physicians, an experienced worker’s compensation attorney can assist the injured worker with negotiation for the best medical care. 2. Payment of All Related Medical Bills Employers are required to pay all medical bills incurred as a result of reasonable and necessary treatment provided by an authorized physician for an on-the-job injury. This includes the bills of the chosen “posted-panel” physician as well as any bills of physicians to whom the injured worker was referred by the posted panel physician, as well as any necessary emergency treatment the employee receives from a non-posted panel physician. The injured worker is also entitle to a “one time” independent medical examination from a physician of his or her choice and a “one time” permanent change of his/her chosen posted panel physician. 3. Temporary Total Disability Benefits In the event an employee is rendered temporarily unable to work as the result of sustaining an on-the-job injury his employer is required to pay temporary total disability (TTD) benefits as compensation for missed income. TTD is due to an employee who has missed a specified amount of time from work at the direction of his or her physician. 4. Temporary Partial Disability Benefits In the event an employee is able to return to work, but with certain restrictions (i.e. working fewer hours and/or a lighter duty job for less pay), his or her employer is required to pay temporary partial disability (TPD) benefits. TPD compensates the employee for the difference in earning ability before and after the injury. 5. Permanent Partial Disability Benefits When an employee is released from doctor’s care or after receiving treatment for a certain amount of time, he or she may be given a permanent partial disability (PPD) rating from the treating physician. A PPD rating reflects the percentage of permanent loss to the person of an employee. For example, if an employee is given a 10% PPD rating, to the body as a whole, his or her body will forever function at 90% of its original capacity. A formula provided by Georgia law is then applied to determine the monetary value of permanent loss.

	Personal Injury Description: Personal Injury includes a variable array of categories, including but not limited to: Auto Accidents, Premises Liability, Slip & Falls and Medical Malpractice. In most cases, victims are generally entitled to: 1. Payment of Property Damage Victims are generally entitled to reimbursement for damages to vehicles and property contained therein in the case of automobile accidents. Victims are also generally entitled to reimbursement for damage to personal property in premises liability and slip and fall cases. 2. Payment of Medical Bills Victims are generally entitled to payment and reimbursement of all medical bills related to treatment received for injuries sustained in an accident. 3. Compensation For Pain And Suffering Victims are generally entitled to compensation for pain and suffering. The value of recovery for pain and suffering is based on a determination made by the jury through their enlightened conscience, but may be based loosely upon the dollar amount and type of medical treatment required along with the amount of permanent damage sustained.