Injury, Auto Accident, Truck Accident, DUI, Divorce, & Criminal Defense Lawyers
Breakfield & Associates, Attorneys
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539 Green Street Gainesville, Georgia 30501 USA |
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(770) 783-5296
(770) 783-5296
www.gainesvillegalawyer.com/
Contact John G. Breakfield
Firm's Profile Articles Published by Breakfield & Associates, Attorneys
U.S. Supreme Court Says Passengers Have Rights
A passenger has a right to object to the seizure of a vehicle in which the passenger was riding. In the United States Supreme Court case of Brendlin v. California, 551 U.S. 249 (2007), the Court ruled that the Fourth Amendment Right against unlawful stop and detention was a right that a passenger could object to in court via a motion to suppress.
Read ArticleGeorgia Supreme Court Reverses First Degree Vehicular Homicide
The Georgia Supreme Court in Klaub v. Battle, Warden (S09A0925), affirmed that under Georgia law one cannot be convicted of “first degree vehicular homicide based on the failure to stop and render assistance when the State fails to prove that the defendant caused the victim’s death through his failure to stop and render assistance.”
Read ArticleGeorgia Supreme Court Upholds Attorney Fee Law
In the case of Smith v. Salon Baptiste (S09A1543) (2010), the Georgia Supreme Court ruled that Georgia law § 9-11-68 requiring a losing party to pay the attorney fees of the winning party under certain conditions was constitutional.
Read ArticleTen Common Mistakes in Small Claims
In Georgia, almost any claim that seeks civil damages of $15,000.00 or less can be resolved in Magistrate Court. A trial in Magistrate Court consists of a judge (not a jury) listening to all sides during a hearing and then making a decision based upon the law and the evidence.
Read ArticlePrior to Hiring a Builder: a Few Commonsense Steps
After construction litigation begins, every homeowner inevitably thinks about what they could have done to prevent the nightmare of being stuck with an unfinished project. As in any case, an ounce of prevention is worth a pound of cure.
Read ArticleWhat to Do if a Contractor/ Builder Walks Off the Job?
Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.
Read ArticleHealth Insurance Reimbursement: After The Accident, Who Pays?
After a person is injured and medical bills are paid by a health insurance company (either partially or fully), the health insurance company generally has the legal authority to go after the wrongdoer for the medical bills paid by the company.
Read ArticleRecording Phone Calls and Checking Emails
In regards to recording phone calls, Georgia is a One Party Consent state. This means that, generally, a person can record their own phone calls without the consent of the person on the other end of the phone call.
Read ArticleU.M. Coverage (Uninsured and Under Insured Motorist Coverage)
When injured by a wrongdoer that has no insurance or very little insurance, one can make a claim against one’s own insurance company if the injured party has UM insurance coverage.
Read ArticleGeorgia Lien Law (Georgia Materialman's and Mechanic's Liens)
Short Answer: Generally speaking, under Georgia law, someone that performs work on someone else’s property should be paid and Georgia Lien law can protect that person or company regarding payment for work done. However, one needs to do it correctly or the lien could be invalid. It is important to note that major portions of the Georgia Lien law have changed effective March 31, 2009.
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