Personal Injury and Criminal Defense Law Firm in Gainesville, Georgia
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Law Firm OverviewAt Breakfield & Associates, Attorneys we are a law firm that is available and accessible to our clients with a focus on customer service. Our lawyers are located in Gainesville, Hall County, Georgia, but our attorneys are willing to go throughout Georgia or any place where our clients need us.
The lawyers at Breakfield & Associates, Attorneys understand that as a potential client you are not interested in what we have done in someone else’s case, you want to know what we can do for your case.
The combined experience of our partners ensures each case we take on receives personal attention and the most complete legal options available. Whether a wrongful death, personal injury or a simple will, our firm offers the best customer service available.
As a small firm, we can offer the personal attention to each and every client they deserve. Legal proceedings can be a trying time. Our aim is to help you reach a satisfying conclusion as efficiently as possible.
Areas of Law
- Administrative Law
- Alternative Dispute Resolution
- Animal Bites
- Animal Law
- Antitrust & Trade Regulation
- Appellate Practice
- Back & Neck Injury
- Bad Faith Insurance
- Bicycle Accident
- Birth Injury
- Boating Accident
- Brain Injury
- Burn Injuries
- Bus Accidents
- Business & Industry
- Business Formation
- Business Law
- Business Litigation
- Car Accident
- Catastrophic Injuries
- Child Custody & Visitation
- Child Support
- Civil Litigation
- Civil Rights
- Class Actions
- Collaborative Law
- Commercial Litigation
- Competition Law
- Computer Crime
- Constitutional Law
- Construction Accidents
- Construction Injuries
- Construction Law
- Consumer Law
- Controlled Substances
- Corporate Litigation
- Credit Card Fraud
- Criminal Defense
- Criminal Law
- Debt Relief
- Debtor & Creditor
- Defamation, Libel & Slander
- Defective Drugs
- Defective Products
- Domain Names
- Domestic Violence
- Drug Crime
- Eminent Domain
- Estate & Trust
- Estate Planning
- Failure to Diagnose
- Family Law
- Financial Litigation
- General Practice
- Health Care
- Health Care & Social
- Human Rights
- Identity Theft
- Industrial Injuries
- Informed Consent
- Inheritance Law
- Insurance Fraud
- Intellectual Property
- Juvenile Crime
- Juvenile Law
- Land Use & Zoning
- Landlord & Tenant Law
- Mass Tort
- Medical Insurance
- Medical Malpractice
- Medication Errors
- Money Laundering
- Motor Vehicle Accidents
- Motor Vehicles
- Motorcycle Accident
- Nursing Home Abuse
- Pedestrian Accident
- Personal Injury
- Personal Property
- Pharmaceutical Law
- Pharmaceutical Litigation
- Pre-nuptial Agreement
- Premises Liability
- Privacy Law
- Product Liability
- Product Liability Litigation
- Professional Liability
- Professional Malpractice
- Property Law
- Railroad Accidents
- Real Estate
- Rollover Accident
- Sexual Abuse
- Shareholders Rights
- Slip & Fall
- Spinal Cord Injury
- Surgical Errors
- Toxic Mold
- Toxic Torts
- Trade Secrets
- Traffic Ticket
- Truck Accident
- Unfair Competition
- White Collar Crime
- Wire Fraud
- Workers Compensation
- Workplace Injuries
- Wrongful Death
Additional Areas of Law: Plaintiff’s Personal Injury; Guardian ad Litem; Domestic Mediations; Boating Under the Influence (BUI) / Operating a Vessel While Under the Influence; Condemnation; Permanent Disability; Drunk Drivers/ Crime Victims/ Intentional Torts; Marijuana Possession; Contested and Uncontested Divorces; Guardianships; Small Claims; Covenants Not to Compete; Billing and Collection; Fraudulent Transfers and Fraudulent Conveyances.
Areas of Law Description
Breakfield & Associates, Attorneys offers a wide range of legal services for our clients in and around the Gainesville, Georgia area and throughout the state.
- Plaintiffs Personal Injury
Fighting for those injured in an Auto Accident Car Wreck, Truck Accident Tractor Trailer Wreck, Negligence, Intentional Tort, Slip and Fall, as well as assisting a family tragically affected by a Wrongful Death.
* Car Accidents/Auto Wreck
Everyday in Georgia someone is injured in an auto accident, car wreck or motorcycle collision due to someone else’s negligence. Often insurance companies refuse to pay lost wages, damages for pain and suffering, and medical bills associated with personal injury. With our help, an insurance company will know the extent to which your injuries have affected your life, as well as the true value of your damages.
* Truck Wreck/ Trucking Accidents
Our attorneys engage in personal injury cases involving large trucks and 18 wheelers on Georgia roads. Though regulations are in place to help prevent accidents, they are often ignored. Victims of semi-tractor trailer crashes need an experienced lawyer who understands the complexities of dealing with this industry.
* Motorcycle Collision
A motorcycle rider should not be needlessly injured by the carelessness of others. Many times motorcycle injuries are minimized or the riders blamed for accidents that they did not cause. Operating a motorcycle is legal. Pulling out in front of one is not. Our lawyers will fight for our motorcycle clients.
* Wrongful Death/ Serious Injury/ Permanent Disability
An untimely death, serious injury or permanent disability is tragic, but it can be even more painful if it is the result of another’s actions. In this emotionally difficult time, our attorneys can help you sort through the details of any accident to help you determine if a lawsuit or wrongful death action is in your best interest.
* Drunk Drivers/ Crime Victims/ Intentional Torts
Personal injury resulting from a collision with a drunk or impaired driver is no accident. Likewise, if you are the victim of a crime (theft, assault and battery, robbery, rape, molestation or any crime) or an intentional tort (libel, slander, defamation), a consultation with our attorneys can help you determine if you have a civil case against the wrongdoer.
* Product Liability
If a manufacturer or retailer makes or sells a dangerous and harmful product and you are injured, the companies may be responsible for your damages. Whether you were injured by negligent design, failure to warn, failure to inspect or inadequate recall notice, it is important that you speak with a lawyer about your case.
* Workers' Compensation/ Occupational Injury or Illness
Injured on the job? Under workers comp law fault or negligence is usually not an issue. What is important is whether the worker/ employee was injured while on the job and to what extent. Deadlines, notice and filing of a claim are sooner than a general lawsuit, so it is important to talk to a worker’s compensation attorney immediately.
* Boating Accidents/ Recreational Injuries
Lake Lanier, Lake Oconee and Lake Allatoona provide endless hours of enjoyment to Georgia, but, unfortunately, they also are the location of very serious injuries. Many times alcohol and reckless behavior are to blame. If you are injured by a boat, jet ski, waverunner or other watercraft, please talk to a lawyer at our firm to discuss your case.
- DUI Arrest Defense
Do not attempt to defend yourself against a drunk driving charge. You need an experienced and knowledgeable attorney that understands the law and can execute a winning legal defense on your behalf. The lawyers at Breakfield & Associates know the law enforcement procedures that will be used against the driver and will challenge them and the police application.
- Criminal Defense
Our Constitution guarantees each and every citizen accused of a crime the right to a lawyer and the presumption of innocence unless proven guilty in a court of law. So regardless of whether the charge is a felony or a misdemeanor, a drug case, a charge of DUI, it is always a good idea to have a lawyer.
* Marijuana Possession
Georgia Marijuana Laws still make marijuana possession a crime. Even a misdemeanor can suspend a license and result in a criminal history. It is important for an attorney to review the facts and either seek alternative sentencing or fight the charges in court.
* Traffic Tickets/ Speeding Tickets
We have all received a traffic ticket. The ticket not only costs a lot of money on the front end with the fines and surcharges, but the consequences on insurance and points can also make these matters even more expensive. We understand that paying a ticket is costly enough, so we try to have our rates make sense for the amount involved. Sometimes a lawyer can get the fines and/ or the charges lowered just by letting the prosecutor know that the ticket may become contested in a trial or hearing.
* Boating Under the Influence (BUI)/ Operating a Vessel While Under the Influence
BUI is very similar to automobile DUI, but there are some significant differences; including: BAC levels, search and seizure issues, Field Sobriety Evaluations, and more. It is important to remember that that BUI is a criminal offense and could result in jail time, fines, probation and suspension of boating privileges.
* Domestic Violence/ Family Violence Act
Domestic violence is a very serious charge. Many police and prosecutors, regardless of the true facts, have a zero tolerance policy if law enforcement responds to the marital home. No one thinks family violence is acceptable, but everyone believes that false and trumped up charges should be fought.
* Youthful Offenders/ Juvenile Offenses
It seems like everything is a crime today. Things that used to be regarded as pranks and fun are now treated as felonies and misdemeanors. It is important to have someone on the minor’s side to explain that the transgression is not a crime wave, and the child is a good person that will become a productive adult in society.
* Felonies and Misdemeanors
We handle a wide range of felonies and misdemeanors. We believe that regardless of the charge, the client is putting their future in our hands. It is an important responsibility that we are honored to shoulder.
- Divorce and Family Law
Helping our clients get through the difficult process of divorce, pre-marital planning, post-divorce enforcement, child support, visitation, modifications and more.
* Contested and Uncontested Divorces
We understand that sometimes a marriage ends. Regardless of why, our lawyers are here to help. If the issues between the parties can be agreed upon, then, we can put that agreement in legal form. If an agreement cannot be reached, and court is required, we will fight for our client’s rights in court.
* Child Visitation and Parenting Time
A parent’s ability to spend time with a child is the most rewarding and difficult job. Many courts have modernized and come to realize that a child needs both parents involved in the child’s life. Our lawyers fight for a client’s parental right to help raise their child.
* Child Support
Kids are expensive, but worth every penny. It is important that any agreement or court order reflect the true support obligation and both parents’ ability to pay. Our attorneys can help our clients sort through the details of child support laws and obligations.
Circumstances change and sometimes it is necessary to modify an agreement or court order. Whether it is the amount of child support, visitation or other court terms, our lawyers can help you determine the best course of action.
If the other side will not do what they are supposed to do, then our lawyers can take them to court. Also, if you are wrongly brought into court for contempt, we can defend against the accusations.
* Legitimation/ Paternity
Legitimation and paternity issues can arise due to a child from a previous relationship, an out of wedlock birth, or an untrue accusation. Whether you believe someone is or is not the father or whether you are or are not the father, our lawyers can help you during the legitimation process.
Adoption is one of the most satisfying areas of the law since it helps a family legally accomplish goals of loving and caring. Many times, people are already the primary care provider for a child, and need further legal rights and protections. Many other times, a family wants to adopt a child to complete their family.
Although guardianships are commonly used in the probate context, they are also used in domestic relations cases when a relative or other caring individual needs legal documentation to take care of a child without the formal adoption process.
* Domestic Mediations
Attorney John Breakfield is a registered domestic mediator and is available to lawyers and parties alike for their mediation needs involving: divorce, child custody, child support, modification and more. This knowledge also assists our divorce and family law clients.
- Probate, Estate Planning and Wills
Assisting in the preparation of documents such as: Wills, Health Care Powers of Attorney, Living Wills, Financial Powers of Attorney, General Powers of Attorney, and assisting our clients in the Probating of a will in court.
- Business Law and Business Litigation
As a small business, ourselves, we understand the importance of customer service and keeping an eye on the bottom line. At our firm, we want our business clients to focus on their business and let us take care of the legal matters. Breakfield & Associates, Attorneys offer business law and litigation services in Gainesville, Georgia and surrounding areas and represent many businesses regarding:
The words on the paper mean something. Are they fair to you? When considering a contract, sometimes, just a basic contract review can save a business a major headache. Let our lawyers see if there are any provisions that could be a major pitfall for your business.
* Contract Litigation
If the parties cannot agree on the meaning of a contract or the responsibilities under the contract, then litigation, arbitration or mediation may be required. Whether you just want the other side to know a lawyer is involved or whether you want a jury trial on the issue, we can sit you down, discuss your options and get to work.
* Small Claims
Whether you are being sued or want to pursue someone in small claims court, it is always a good idea to have a lawyer. Some courts require that a corporation hire a lawyer. We can discuss the costs and benefits of pursuing legal action and the requirements needed to win.
* Covenants Not to Compete
The legal restrictions on former employees is a rapidly changing area of the law. It is important to know the new rules when drafting an agreement for a valued employee or if a dispute arises after the fact. We have experience representing both employers and employees in the challenging area.
* Billing and Collection
Nobody likes working for free. If you have not been paid, what are you going to do about it? In our experience, simply having a lawyer on your side is a valuable negotiating advantage when trying to collect. If the threat of litigation does not resolve the matter, then, we can take the matter to court and pursue the debtor in post-judgment collection.
* Fraudulent Transfers and Fraudulent Conveyances
John Breakfield was one of the first lawyers in North Georgia to take a Fraudulent Transfer/ Fraudulent Conveyance to trial under the new law. We understand the complex issue of debt avoidance by allegedly transferring assets and can either defend or pursue a party.
* Employee Theft
More and more businesses pay someone to watch the bottom line and trust that the person is doing the right thing. Unfortunately, many times, that trust is betrayed with employees embezzling money and stealing from their employer. To add insult to injury, many law enforcement agencies claim that the matter is a ‘civil matter’ and not a criminal one.
- Landlord Tenant Law
A common mistake is forgetting that a dispossessory proceeding is a legal hearing with rules of evidence, procedure and law. Our law firm handles eviction and dispossessory issues mainly for landlords and property managers. Our goal is to review the landlord tenant circumstance and pinpoint the arguments that the judge would consider compelling when evicting a problem tenant.
- Condemnation Government Taking Eminent Domain
The Constitution guarantees that no property shall be taken without due process of law and the payment of just compensation. Yet every day, city, county, state and Federal governments routinely take private property to use as land for roads, highways, power lines, right of ways, wetlands, setbacks and environmental regulation without providing just compensation. Our goal is to protect our clients from unreasonable and unlawful condemnation and government taking.
Mr. John G. Breakfield
Antitrust and Trade Regulation, Business and Industry, Business Law, Competition Law, Constitutional Law
- State Bar of Georgia
- Georgia Trial Lawyers Association
- Georgia Association of Criminal Defense Lawyers
- Gainesville Bar Association
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Breakfield & Associates, Attorneys Services
Breakfield & Associates, Attorneys News and Publications
Articles Published by Breakfield & Associates, Attorneys
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 Article
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 Article
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 Article
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 Article
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 Article
Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.Read Article
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 Article
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 Article
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 Article
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.Read Article