Answers
Frequently asked questions
Straight answers to what people actually ask before they call a lawyer in Georgia. If your question is not here, ask it directly — that is free too.
Working with the firm
Does it cost anything to talk to Nick Garcia about my case?
No. The initial consultation is free and confidential. You can describe what happened, get a straight answer about whether you have a case worth pursuing, and decide from there — with no obligation to hire anyone.
Will I actually speak with the attorney, or with staff?
You speak with Nick. This is a small firm by design — he opened his own practice in 1999 specifically so that clients would work directly with an experienced trial lawyer rather than being passed to a junior associate.
What areas does the firm serve?
The office is in Tyrone, Georgia, and serves Peachtree City, Fayetteville, Newnan, Senoia, Fairburn, Jonesboro and the surrounding communities — primarily Fayette, Coweta, Clayton, Fulton, Henry and Spalding counties, and metro Atlanta generally.
How much experience does Nick Garcia have?
He has been licensed to practice law in Georgia since 1993 — over 33 years. He has tried more than 50 workers’ compensation cases across the state, has argued cases reported by the Georgia Court of Appeals, and has been a featured speaker and published author for the Institute of Continuing Legal Education in Georgia.
What should I bring to my first meeting?
Bring whatever you already have — an accident or police report, photographs, medical records or bills, insurance correspondence, a denial letter, court paperwork, or the contract in dispute. If you do not have any of it yet, come anyway; nothing is required to have the first conversation.
How quickly do I need to act?
Sooner than most people expect. Georgia injury claims generally must be filed within two years, work injuries must be reported to the employer within 30 days, and a DUI license hearing window can close 30 days after arrest. Evidence also disappears — video is overwritten and witnesses move. Even if you are not ready to hire a lawyer, it is worth learning your deadline.
Is what I tell you confidential?
Yes. Consultations are confidential, whether or not you decide to hire the firm. Note that a message sent through this website does not by itself create an attorney-client relationship — that begins when a written agreement is signed.
What are your office hours?
The office is open Monday – Friday, 9:00 a.m. – 5:00 p.m.. Evening and weekend appointments available by request. If you are calling about an arrest or an accident that just happened, call — do not wait for business hours to leave a message.
Personal Injury
How much does it cost to hire a personal injury lawyer?
Personal injury cases are typically handled on a contingency fee, which means you pay no attorney’s fee up front and no fee at all unless money is recovered for you. The specific fee is set out in a written agreement before any work begins, so there are no surprises.
How long do I have to file an injury claim in Georgia?
Georgia’s statute of limitations for most personal injury claims is two years from the date of the injury, but shorter deadlines apply in some situations — including claims against a city, county or state agency, which can require written notice within six months. Because a missed deadline can end a valid claim permanently, it is worth confirming your specific deadline early.
Should I give a recorded statement to the other driver’s insurance company?
Not before you have spoken with a lawyer. A recorded statement is taken by a trained adjuster whose job is to limit what the company pays, and answers given casually in the days after a wreck are routinely used later to argue that an injury was minor or pre-existing.
What is my case worth?
It depends on the medical treatment you need, the wages you lose, the permanence of the injury, who was at fault and how much insurance coverage exists. Any lawyer who quotes a number before reviewing the police report, the medical records and the available policy limits is guessing.
Workers’ Compensation
What do I do first if I am hurt at work in Georgia?
Report the injury to your supervisor immediately and in writing if you can, then ask for the panel of physicians and get medical treatment. Georgia law generally requires notice to your employer within 30 days, and delayed reporting is one of the most common reasons a claim is denied.
My claim was denied. Is that the end of it?
No. A denial is a position taken by the insurer, not a final ruling. You have the right to request a hearing before the State Board of Workers’ Compensation, where an administrative law judge — not the insurance company — decides whether benefits are owed.
Can I be fired for filing a workers’ compensation claim?
Georgia law prohibits retaliating against an employee for pursuing workers’ compensation benefits. If your hours, position or employment changed after you reported an injury, that timing matters and should be documented.
Can I choose my own doctor?
Usually you must treat with a physician from the employer’s posted panel, but you generally have a one-time right to switch to another doctor on that panel, and the panel itself can be challenged if it was not properly posted or explained to you.
Divorce & Family Law
How is child custody decided in Georgia?
Georgia courts decide custody based on the best interests of the child, weighing factors such as each parent’s relationship with the child, the stability of each home, each parent’s ability to meet the child’s needs, and — for a child aged 14 or older — the child’s own election, which carries significant weight.
Do I have to prove fault to get divorced?
No. Georgia allows a no-fault divorce on the ground that the marriage is irretrievably broken. Fault grounds such as adultery or cruel treatment still exist and can be relevant to issues like alimony, but they are not required to obtain a divorce.
How long does a divorce take in Georgia?
An uncontested divorce can be finalized roughly 31 days after the other spouse is served, once all terms are agreed. A contested case involving custody, business interests or disputed property commonly takes several months to well over a year, depending on the county and the court’s calendar.
Can a custody or support order be changed later?
Yes. Custody and support orders can be modified when there has been a substantial change in circumstances — a relocation, a significant change in income, or a change in the child’s needs. Support may also be reviewed periodically under Georgia’s guidelines.
Criminal Defense
I was arrested for DUI in Georgia. What is the deadline?
If you refused or failed the State’s chemical test, there is a strict window — generally 30 days from the date of arrest — to request an administrative license hearing or install an ignition interlock device. Missing it can cost you your license regardless of what happens in the criminal case.
Should I just plead guilty to get it over with?
Not before someone has reviewed the evidence. Pleading guilty is a conviction that becomes permanent, and it is common for cases to have problems — a stop without reasonable suspicion, an improperly administered test, a chain-of-custody gap — that are not visible to the person charged.
Can a charge be kept off my record?
Sometimes. Depending on the charge and your history, options may include dismissal, a pretrial diversion program, or record restriction (expungement) under Georgia law. Which options are available depends on the specific charge and county.
Do I have to talk to the police?
You have the right to remain silent and the right to an attorney, and you can invoke both politely and immediately. You are not required to explain your side, and doing so without counsel rarely improves a case.
Business & Contract Disputes
Is a verbal agreement enforceable in Georgia?
Often yes, but with important exceptions. Georgia’s Statute of Frauds requires certain agreements to be in writing — including contracts for the sale of land, agreements that cannot be performed within one year, and promises to pay another person’s debt. Proving the terms of a verbal agreement is also considerably harder.
How long do I have to sue for breach of contract?
In Georgia the limitation period is generally six years for a written contract and four years for an oral one, measured from the breach. Different periods can apply to specific claims, so it is worth confirming the deadline for your particular situation.
Is it worth suing over a small amount?
Sometimes the better answer is a demand letter or a negotiated resolution rather than litigation. You should get a candid assessment of likely recovery against likely cost before filing anything — that conversation is part of the initial consultation.
Can I recover my attorney’s fees?
Possibly. Georgia law allows recovery of attorney’s fees in certain circumstances — where a contract provides for them, where a party has acted in bad faith or been stubbornly litigious, or under specific statutes. It is not automatic.
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