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What Is a 1031 Exchange and Who Qualifies?

Fri, 06 Mar 2026 13:40:20 GMT

Many Georgia real estate investors look for ways to grow their investments while managing tax exposure. One option that may help is a 1031 exchange. A 1031 exchange allows an investor to defer capital gains taxes when selling certain real estate and purchasing qualifying replacement property.

Here are a few important points to understand:

1. Investment or Business Property Only.

To qualify for a 1031 exchange, both the property being sold and the replacement property must be held for investment or business purposes. Primary residences do not qualify.

2. Like-Kind Property Requirement.

The properties must be considered like-kind. In most cases, this means both properties are real estate held for investment or business use, even if they are different types of properties.

3. Strict Deadlines Apply.

There are strict timelines involved. Replacement properties must be identified within 45 days of the sale, and the exchange must be completed within 180 days.

4. Use of a Qualified Intermediary.

The investor cannot take possession of the sale proceeds. A qualified intermediary must be used to hold and transfer the funds during the exchange process.

We Help Real Estate Investors With Their Tax Planning

A 1031 exchange can be a valuable tool, but missing a requirement can result in unexpected tax consequences. At York Gaskill, we work with Georgia property owners and investors to help them understand their legal options. Call our law firm at (678) 697-6789 to discuss whether a 1031 exchange may be right for you or contact us online to learn more.

Revocable vs. Irrevocable Trusts: Which One Do You Actually Need?

Fri, 20 Feb 2026 13:47:57 GMT

Estate planning is an important step for protecting your assets and your loved ones. One tool commonly used in estate planning is a trust. Two of the most common types are revocable trusts and irrevocable trusts. While both can be effective, they serve different purposes.

Here are a few key differences to help you understand which trust may be right for you:

1. Control Over Assets.

When it comes to reducing risks, signage is key. From wet floor signs to COVID risk warnings, signs regarding safety, directions, access restrictions, and potential hazards can help to prevent harm to both clients and employees. Be sure to review signage regularly and replace any outdated signage promptly.

2. Flexibility vs. Protection.

Revocable trusts offer flexibility and are often used to help avoid probate and provide smoother management of assets if you become incapacitated. Irrevocable trusts, while less flexible, may offer stronger asset protection and can be useful for tax planning or Medicaid planning.

3. Tax and Creditor Considerations

Assets held in a revocable trust are usually still considered part of your estate for tax and creditor purposes. Assets transferred into an irrevocable trust are typically removed from your estate, which can provide added protection depending on your circumstances.

We Can Help You Make The Right Choice For Your Family

There is no one-size-fits-all trust. The right choice depends on your goals, family situation, and long-term plans. If you are considering creating or updating a trust, it may be helpful to speak with an experienced estate planning attorney.

At York Gaskill, we assist Georgia families with estate planning tailored to their needs. Call our law firm in Gwinnett at (678) 697-6789 to schedule a consultation or contact us online to learn more.

The Burden of Proof in a Civil Lawsuit

Wed, 18 Oct 2023 17:29:07 GMT

What Is Burden Of Proof In Civil Law?

In a civil lawsuit, the burden of proof solely rests with the plaintiff in the case. In order to be successful in the lawsuit, the plaintiff needs to prove that the allegations are true and that the defendant is responsible for causing damages. The term preponderance of evidence comes into play here. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. The quality and verifiability of the evidence are key in meeting a burden of proof. The evidence should be "clear and convincing".

What is Clear & Convincing Evidence?

Clear and Convincing evidence refers to the legal standard that the evidence being presented must be highly and substantially more probable to be true rather than untrue. Also, the trier of fact needs to have a firm conviction or belief in its factuality. This standard is also used in some criminal cases.

Why Burden of Proof is Important

The burden of proof is extremely important when it comes to civil litigation. Understanding your specific burden of proof will help you determine if you have a solid legal position to pursue your case and the likely outcome of your case. The burden of proof is a fundamental legal principle. It is used to help people conduct discussions, resolve disputes, and receive just compensation.

Meeting Your Burden Of Proof In Court

In civil litigation or court proceedings, meeting the burden of proof is paramount. Retaining an attorney with vast experience in civil law is crucial. At York Gaskill, we represent and advise numerous clients in all types of civil litigation on both sides of the aisle. Contact us to learn more about how we help you pursue your case.

The Purpose of a Demand Letter

Wed, 18 Oct 2023 17:29:05 GMT

What Is A Demand Letter?

What is a Demand Letter?

A demand letter is a letter demanding that the recipient of the letter take or cease a certain action. Demand letters are usually written by an attorney on a client’s behalf. The purpose of a demand letter is to begin legal negotiation between the two parties in an effort to resolve the dispute. Demand letters are often the precursor to filing a lawsuit. If you ever receive a demand letter, it should not be ignored.

What is in a Demand Letter?

Demand letters outline damages, the demand for restitution, and a firm deadline. They also state the consequences that will result if the conditions are not met. When writing a demand letter, keep your goal in mind. The demand letter should be factual, polite, and formal. You are attempting to encourage the other party to assess and handle the situation in a professional way. Common scenarios where demand letters are used include debt collection, contractor disputes, and personal injury claims.

Benefits of a Demand Letter

A demand letter shows the other party you are serious about taking legal action to remedy the dispute. Simply sending the demand letter may end the need for further litigation. According to NOLO, "In as many as one-third of all disputes, your demand letter will catalyze settlement". It can often influence the recipient’s viewpoint and understanding of the risks of not taking action. Demand letters also create a paper trail, which can be useful as evidence if the good faith or reasonableness of a party’s conduct is later called into question. Demand letters can be an effective legal tool if done properly.

Hiring an Attorney to Prepare Your Demand Letter

If you find that you need to send a demand letter to another party, you should consider contacting the team at York Gaskil l in Gwinnett County. We are skilled attorneys who are very familiar with this process. We have the legal experience necessary to properly craft your demand letter and ensure that all important points are included. Feel free to call us at 678.697.6789 or email us to discuss your legal needs.

How Small Businesses Can Reduce Premises Liability Risks

Wed, 18 Oct 2023 17:29:02 GMT

What Is A Demand Letter?

Small business owners have so many business and legal factors to consider when starting and running their businesses. For brick and mortar businesses, premises liability is normally always an area of serious concern. Minimizing risks helps to protect your business and your financial future.

Here are 4 tips for reducing premises liability risks for small business owners:

Proper Signage

Remove Clutter

Cluttered spaces can be dangerous. Restaurants, office spaces, and retail stores are just a few types of businesses where clutter can easily become a real problem. If a visitor or employee injures themselves because of clutter, that can result in a lawsuit and monetary damages. Take clutter seriously and keep your business space as neat and organized as possible.

Property Maintenance

Small business owners have to be sure not to neglect the upkeep of their property. Broken steps, uneven pavement, poor lighting, or slick surfaces can all lead to injury. Property maintenance and evaluating slip and fall risks should be part of your regular routine.

Regulation Compliance

Both new and established businesses often are not aware of important compliance issues or industry regulations. Ignorance of the law or regulations will not protect you from a lawsuit if someone is injured due to your negligence. Do your research on industry regulations related to your business. Check with local organizations, professional societies, and state and government resources to ensure that your small business is in compliance.

Consulting With A Small Business Attorney

You may want to consider consulting with a local small business attorney as well to ensure you are protecting your business and reducing your premise liability risks appropriately. At York Gaskill, we have helped many business owners set up and manage their businesses in accordance with local and state laws. Call our law firm in Duluth, GA at 678.697.6789 or email us to discuss your small business concerns.

Reducing Your Risk of Traffic Violations

Fri, 10 Sep 2021 14:29:47 GMT

Driving is a must for most of us in Metro Atlanta. With driving comes risks. One of the risks that drivers face every day is traffic violations. Fortunately, there are many things that drivers can do to help reduce their risk of receiving a traffic violation on the road.

Here are 4 tips for reducing your risk of a traffic violation:

1. Patience is Key

One of the primary factors that lead to traffic violations is impatience. Many of the offenses drivers are ticketed for could have totally been avoided if they had simply been patient. Speeding, tailgating, and running red lights usually have a lot to do with impatience. Take a deep breath, slow down, and focus on getting to your destination safely.

2. Watch for School Buses

It is crucial to be aware of the new school bus laws and watch out for school buses every time you drive, especially during school hours. You have to look out for school buses on both sides of the streets and highways that you travel on. The citations for violating school bus stop signs can be steep. We always have to make the safety of our school-age children a priority.

3. Keep Your Car Organized

A clean and organized car can help you stay focused and relaxed on the road. Create a comfortable atmosphere in your vehicle. Calm drivers usually drive better. Never look around for things in your car while you are driving. If you have to find something urgently, safely pull over or off the road.

4. Minimize Distractions

Distractions lead to many traffic citations and accidents. Always minimize distractions while driving. Never text, eat, apply makeup, or look up information on your phone while driving. Taking your eyes off the road for even a moment can draw the attention of police and can put you and other drivers in danger. If you have to take an important call while driving, always use hands-free technology.

Fighting Traffic Violations

If you face a serious traffic violation, it may be worth it to hire an attorney to assist you. An experienced attorney may be able to help you minimize fines and loss of points. At York Gaskill, we have helped many drivers reduce the negative impact of driving citations they have received. Call our law firm in Gwinnett at 678.697.6789 or email us to discuss your case.

What Are Punitive Damages?

Tue, 27 Jul 2021 14:36:47 GMT

Punitive damages, also known as exemplary damages, are damages assessed in the legal process to punish a defendant for negligence. A person may be ordered to pay punitive damages if their negligent actions result in injury or harm to another. For example, a distracted driver who is texting while driving and then causes a car accident may be assessed punitive damages.

Georgia Law & Punitive Damages

2010 Georgia Code

TITLE 51 - TORTS

CHAPTER 12 - DAMAGES

ARTICLE 1 - GENERAL PROVISIONS

§ 51-12-5.1 - Punitive damages

Georgia Law explains punitive damages as follows:

(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.

(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.

Why Punitive Damages Are Important

Punitive damages are intended to deter reckless and intentional harmful conduct. It is not compensation for the injured, it is a direct penalty for the wrongdoer. Punitive damages are not based on the injured party’s financial losses because they are designed to deter others from committing similar bad actions. This is why punitive damages are such a crucial part of the legal system and personal injury law.

Fighting For Punitive Damages In Court

Fighting for punitive damages is not a simple or easy task. According to Georgia law:

(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings.

This is why you need an experienced and knowledgeable personal injury attorney to take on this type of case. Contact us to learn more about how we help you assess your injury case .

How to Prepare for a Personal Injury Consultation

Wed, 17 Mar 2021 12:57:20 GMT

Preparing for a personal injury consultation may seem a bit intimidating, especially if it is your first time. Starting from an informed and organized position can make it much easier. Below are a few tips for preparing for a personal injury consultation to help the process flow smoothly.

Prepare A List Of Questions

As with most things, preparation is key. Keep a running list on paper or in your phone that you can add to whenever you think of a question you want to ask prior to your appointment. Your initial consultation is the ideal time to ask all of your important questions. Ask your attorney questions about prior experience, successful settlements & verdicts, as well as availability.

Collect All Important Supporting Documentation

Evidence is key in any personal injury case. Gather all the relevant documentation possible to support your case. Below are some examples of things you may want to bring to your personal injury consultation:

Accident report
Police report
Medical records and reports
Medical bills & receipts
Photos or video footage
Any written statements you have received
Any statements you have received from insurance companies

Record Details Of The Incident

As soon as possible, record all the details about the incident that you can remember. Memories can fade or even change over time. While your memory is fresh, write out a detailed record of everything that happened before, during, and after the incident. Bring this with you to your consultation as well.

Choose An Experienced & Trusted Injury Attorney

Choosing the right personal injury attorne y can make all the difference in the outcome of your case. The team at York Gaskill has extensive experience in personal injury law and a proven track record of success . There are no fees unless you win your case. Call or email us directly to schedule your consultation.

Senate Bill 359 & COVID-19 Business Liability

Wed, 02 Dec 2020 19:20:28 GMT

Ordinary v. Gross Negligence

The Georgia Covid-19 Pandemic Business Safety Act provides businesses with liability protection for Covid-19 related claims based on ordinary negligence. The Act does not protect against claims based on gross negligence. Therefore, a Plaintiff seeking to bring a claim against a business could work around the protections of the Act by alleging gross negligence instead of ordinary negligence.

Establishing Gross Negligence

A Plaintiff may attempt to establish gross negligence by establishing significant deviations from the standard of care. In the case of COVID-19, you would take the public health guidelines and compare them with what the business actually does to comply with the guidelines. Do they require masks? Do employees wear masks? Do they require social distancing? Do they have proper COVID signage? Blatant disregard for safety measures by the business will still be a basis to establish gross negligence and avoid the liability protection in the statute.

The Challenges For COVID Lawsuits

However, it is likely that we will not see a lot of COVID cases getting filed against most businesses for a couple of reasons:

1. Regardless of liability protection in the statute, there is a problem establishing causation. How do you prove that a person contracted the virus at business A instead of business B? Contact tracing might shed some light on that, but it does not appear that the government is good enough at contact tracing at this point to really provide enough evidence to establish causation. The exception to this will be high density, long term exposures, meaning cruise ships, nursing homes, and businesses of this sort. There are already class actions filed against the cruise lines and nursing home type of establishments.

2. Smaller businesses are probably not interesting lawsuit targets in the COVID situation because of the presumed inability to collect a judgment. It may be the case that the small business’s general liability policy excludes coverage for COVID claims. Depending on the size and strength of the business the litigation might force them out of business, especially local mom and pop establishments.

What Should Businesses Do To Help Protect Themselves?

Bottom line, businesses should make an effort to do the right thing and operate in a manner that is designed to minimize the spread of the COVID virus and follow guidelines that are applicable to that particular business. If they do that, they will greatly reduce their risk from a liability standpoint. This statute helps but is not ironclad, so businesses must be vigilant and pro-active.

Hiring A COVID Lawsuit Attorney

If you are considering suing or being sued in relation to COVID-19, you need an experienced liability attorney on your side. The team at York Gaskill has vast experience representing individuals and businesses in liability cases. Contact us directly to discuss your specific case. We also encourage everyone to stay safe and take the necessary precautions during these challenging times.

Business Bankruptcy Basics

Fri, 23 Oct 2020 15:41:12 GMT

The current coronavirus crisis has had a shocking effect on our lives in so many ways. Shutdowns, lockdowns, and restrictions have put many businesses, both large and small, in financial trouble. For many businesses, bankruptcy has become the only option.

According to the New York Times:

"Edward I. Altman, the creator of the Z score, a widely used method of predicting business failures, estimated that this year will easily set a record for so-called mega bankruptcies — filings by companies with $1 billion or more in debt. And he expects the number of merely large bankruptcies — at least $100 million — to challenge the record set the year after the 2008 economic crisis."

Small Business Bankruptcy

At York Gaskill, LLC, our bankruptcy practice focuses on helping small businesses that have not been financially successful wind down operations. Typically, this is done through a Chapter 7 business liquidation bankruptcy and is designed to assist that business owner with consolidating his or her business issues in a single place – the bankruptcy.

Often times, the small business owner whose business has run across difficult times also has financial problems, generally arising because the business owner has personally guaranteed obligations of the business or has borrowed money personally to put into the business in an effort to keep the business financially solvent. Therefore, the business bankruptcy is often accompanied by a personal bankruptcy of the business owner.

We understand how difficult these situations can be and strive to help the business owner through the difficult process of winding down an unsuccessful business and aim to provide this representation in a kind, compassionate and respectful way. A temporary set back is never a barrier to great achievement in the future.

Hire A Professional Bankruptcy Attorney

If you feel that bankruptcy is the best option for your business, be sure to hire a trusted bankruptcy attorney with specific experience in business bankruptcies. At York Gaski ll, we represent a wide range of small, medium size, and larger businesses and corporations in their bankruptcy filings. We invite you to call or email us directly to discuss your current financial situation. Our team is always here to help.

Tips for Starting a Business During COVID-19

Fri, 24 Jul 2020 13:17:02 GMT

The current COVID-19 pandemic is undeniably scary for everyone. It has created so many obstacles for families and businesses alike. Still, we always persevere as a community by coming together and continuing to push forward. Some businesses are actually flourishing during the pandemic while others are just hanging on. New businesses continually open as well. So what special considerations should start-ups take into account because of COVID-19? There are many factors that come into play because of the virus and the current business climate. It is important to carefully consider all of them.

Below are a few tips for starting a business during the COVID-19 outbreak:

Leverage Technology In Your Favor

It is crucial that any new business starting during the pandemic leverages technology to its maximum benefit. More than ever customers are open to using new apps, new methods of communication, and online service options. Conduct in-depth research to choose the technology that best fits your target market and showcases your business in the best light possible. Be sure any technology you utilize is secure, easy to use, and your staff is well-trained on how to use it.

Put Safety First

Putting customer and employee safety first is absolutely non-negotiable during COVID-19. Yes, it does have a monetary cost, but it is worth it. Investing in masks, gloves, sanitizing products, and virtual communication software is a necessary cost of doing business right now. Not only does is send a message that you care and are responsible, but it can also help protect you from potential litigation if a customer or team member were to become ill.

Amend Company Policies & Contracts As Needed

Flexibility and thoroughness is imperative during times like these. In some situations, you may consider amending policies and contracts to accommodate for the current condition when it relates to the pandemic. Considering the severity of the current health crisis, it is probably a good idea to have a qualified corporate attorney review your policies and contracts to ensure they cover all the bases.

Hire An Experienced Corporate Attorney

When it comes to starting a business, you never want to cut corners. Hiring an experienced corporate attorney can save you stress and money in the long-run. York Gaskill helps start-ups throughout Gwinnett and Metro Atlanta on a regular basis. Contact us to learn more about how we can help you start your business. We are here to help!

A Note To Our Clients and Potential Clients Regarding COVID-19

Tue, 24 Mar 2020 16:09:44 GMT

Our Firm Is Open During These Challenging Times

Our firm remains open and fully committed to representing our clients through these challenging times. We are able to communicate with our clients and potential clients through remote video conferencing using services such as Zoom, and, of course, through phone calls or email. Because we are a small firm, we are more easily able to socially distance if in person meetings are necessary for execution of documents and in those situations where in person, old fashioned meetings, cannot be avoided.

We are already receiving calls from clients regarding the economic stresses they are experiencing as a result of the economic discord the pandemic is causing. We are prepared to help and anticipate our clients are going to need assistance resolving issues that arise when individuals and businesses cannot meet their financial obligations due to the current stresses within the economy. This may take the form of negotiating resolutions to financial problems, providing advice and assistance on obtaining funding to survive the pandemic, litigation of cases that evolve from the current economic challenges, and, when all else fails, providing services in the bankruptcy courts.

We Are Here To Help During The Coronvirus Outbreak

There are novel legal issues that are arising from the challenges of the Coronavirus outbreak that have arisen already. These legal issues are going to be many. We stand ready to help and are prepared for the challenge of guiding our clients through these difficult times.

Why You Should Always Call The Police After a Car Accident

Thu, 19 Mar 2020 22:09:22 GMT

By their very nature, car accidents are never something we plan for. Still, they occur every day in Metro Atlanta. The legal ramifications after a car accident can be far-reaching, which is one of the main reasons it is so important to call the police after a car accident. Never let another driver pressure you to do any different. In most states, when a car accident results in injury or causes vehicle damage over a certain amount, you are required to call the police.

Below are 3 reasons why you should always call the police after a car accident.

Proper Documentation

The documentation that police officers who are on the scene of your accident provide is crucial. This is especially true when serious injuries and/or significant vehicle damage results from the accident. The officer will prepare a police report in connection with the accident, which will play a tremendous role in the car insurance claims process and any lawsuits or legal actions that result from the vehicle accident.

Protect The Accident Scene

The police have the ability to quickly and effectively protect the accident scene. Preserving evidence, documenting the scene, and keeping bystanders away are all very important after a car accident.

Determining Fault

Law enforcement is trained to properly investigate and document the potential cause of the vehicle accident. In many cases, after an accident, both drivers blame each other. This can make it difficult to ascribe fault if the police are not called. The police officer will thoroughly review the scene, interview witnesses, and document findings.

Protecting Yourself After a Car Accident

After a serious car accident, many individuals are left with severe injuries and financial losses. If you find yourself in this situation, you need a tested car accident attorney to help you find the justice you deserve. The team at York Gaskill has extensive experience representing individuals who were involved in a major car accident. Call or email us directly to discuss your case.

4 Questions You Should Ask Your Personal Injury Attorney

Tue, 07 Jan 2020 15:52:07 GMT

Asking the right questions before choosing your personal injury attorney, can make all the difference in the outcome of your case. Even though you may be feeling stressed and overwhelmed after a serious injury, taking the time to carefully select a qualified lawyer can impact your financial and physical recovery significantly. Below are 4 questions you may want to consider asking your personal injury attorney before hiring them. If you don't like the answers, then you may want to keep looking.

Can You Tell Me About Your Specific Personal Injury Case Results?

Many personal injury attorneys claim to be the "best" or the "toughest", but this can only be substantiated by real results . Get details on verdicts, settlements, and the specific types of personal injury cases they have handled. Also, be sure to check out their online reviews. A qualified attorney will be happy to share this type of information with a potential client.

What Are Your Fees?

Don't make any assumptions when it comes to your personal injury legal fees. You will want to confirm and solidify in writing the fee structure for handling your case. Working on a contingency basis is preferable. This means that you do not pay any fees out of pocket unless you win your case. Your legal fees will be paid for from your settlement or verdict. Make sure you know the exact percentage that the attorney will take from your recovery.

Will I Be Able To Talk To You Directly?

No one is available 24 hours a day, but you want to ensure that your personal injury attorney is relatively accessible. When you are in the midst of a personal injury case, you don't want to be stuck with only being able to communicate through legal secretaries and voicemails. Direct communication is critical during this process. You should also specifically see what the lawyer's online reviews are saying when it comes to communication.

Have You Ever Handled an Injury Case Similar to Mine?

You should not simply assume that a personal injury attorney has experience with a claim like yours. Ask the attorney very directly about their level of experience with your type of case and their results. For example, if you are injured in a work accident, you may not want to choose a lawyer who has only handled car accident cases.

Choose The Best Attorney For Your Specific Injury Case

Choosing a personal injury attorney is a big decision with far-reaching consequences. It is imperative that you take the time to interview your potential options and choose a lawyer who is the best fit for your specific injury case. At York Gaskill, we have vast experience in a wide variety of personal injury claims. Call or email us directly to discuss your case. We are happy to answer all of your questions to help you determine the best way to move forward.

Factors To Consider With a Jury Trial

Thu, 19 Dec 2019 15:08:24 GMT

Attorney Gaskill and I rarely get a chance to go to trial. We collaborate on many cases daily, but rarely get the opportunity to conduct a jury trial together. Much of our civil practic e is resolved through mediation, settlements, and alternative dispute resolution. Still, jury trials present very specific advantages and challenges. There are several factors to consider with a jury trial, some of which are detailed here.

Jury Trial Verdicts

We recently tried a case in Gwinnett State Court, and the outcome was a verdict in our client’s favor. It was a victory for our client and a significant multiple of the confidential amount offered by the opposing party before trial. When presented properly, jury trials can often lead to larger verdicts than settlements or mediation.

Jury Diversity

From our experience, we have come to recognize that Gwinnett juries are smart, diverse, and conservative. Since the 2010 census, the jury pool is looking increasingly more diverse, with an increase in women jurors. In many instances, this diversity can help deliver a just and favorable outcome. We think that jury diversity helped us in the case mentioned above as well.

Court Efficiency

Overall, the State Court of Gwinnett County is surprisingly efficient. For example, our case was called as the last one on the one-week calendar. We were in position 64, meaning that the Court disposed of 63 cases ahead of ours in just one week. It is rare for a State or Superior Court to be able to deal with that many jury trials in that short a time period. This means that as a trial attorney you have to be fully prepared and ready from the outset since your case may be called sooner than one may assume.

Hiring a Trial Attorney

Hiring a trial attorney is not a decision to be made lightly. You want to choose an attorney with real courtroom experience and a track record of success . At York Gaskill , our trial record speaks for itself. We have secured millions of dollars on behalf of our clients. If we can assist you with a matter in litigation, please do not hesitate to contact us .

Sovereign Immunity and Personal Injury Claims Against Government Agencies

Thu, 05 Dec 2019 19:15:13 GMT

In Metro Atlanta, there is an endless list of public buildings and places that are owned and managed by local and federal governments. These places include most parks, government buildings, and public schools. Many of us rarely think about the special rules that apply when a governmental entity has failed to maintain public property causing somebody to get hurt.

What is Sovereign Immunity?

Governments are protected by sovereign immunity. According to USLegal.com, sovereign immunity can be defined as follows:

Generally, it is the doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution. For a person individually to be immune to suit, they must be acting as an arm of the government. In many cases, the government has waived this immunity to allow for suits. Federal sovereign immunity is a defense to liability rather than a right to be free from trial.

In simple terms, the government makes the rules and can exempt itself from liability for its mistakes.

Filing a Lawsuit Against A Governmental Agency

Filing a lawsuit against a governmental agency can be complicated and extremely involved. When the government chooses not to exempt itself from liability for its mistakes, it creates special procedural hurdles that must be followed before a lawsuit can be filed against the governmental agency. Usually, this means that an ante litem notice must be sent to the governmental agency providing them notice that a claim exists. The ante litem statute is a precondition to the filing of the lawsuit. The law may also limit the time period in which a claimant has to file suit against a governmental agency.

Protecting Your Rights Against Government Agencies

Bringing personal injury claims against any type of government agency for their wrongdoing can be tricky and challenging, even for an experienced attorney. Fortunately, our team has the skills, resources, and focus to take on this type of case. Let our lawyers help you through the legal maze while seeking the justice you deserve. If you have been injured by the wrongdoing of a governmental agency, call or email York Gaskill for assistance. There are never any fees unless you win your case.

What You Need To Know About Hit & Run Accidents

Fri, 22 Nov 2019 19:19:47 GMT

Your Duty At An Accident Scene

Every Georgia driver involved in an accident has a duty to stop at the scene of the accident. Failure to stop may constitute a felony in some cases. There is a legal code that makes this mandatory. The key takeaway is that a collision is a serious event, and you should not leave the scene until the police have arrived, and you have checked in with the officer.

Georgia’s Hit and Run Legal Code

O.C.G.A § 40-6-270 Hit and run; duty of driver to stop at or return to scene of accident:

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

Penalties for Leaving an Accident Scene

The penalties are serious for leaving an accident scene. A first conviction has a minimum fine of $300.00 but could range as high as $1,000.00 depending on the jurisdiction and judge. The Court can impose jail time as well, technically up to 12 months, on top of the fines. A second conviction within a five-year period, ranges from $600.00 to 1,000.00 in fines. Watch out for the problem of nolo pleas as well, as sometimes these cannot be used twice within a certain period of time, and sometimes they can also count as guilty pleas, for purposes of setting these significant fines.

Consult With an Attorney After a Hit and Run

Whether you are the at-fault driver or a victim of a hit and run accident you should seek the advice of an attorney immediately. Contact the attorneys at York Gaskill . Our team has in-depth knowledge of Georgia’s laws and will ensure your rights are protected. Call us directly at 678.697.6789 or email us . We are here to answer all of your questions and assist you with your case.

Insurance Releases After a Car Accident

Tue, 12 Nov 2019 14:23:12 GMT

Auto Accidents in Metro Atlanta

Auto accidents are an all too common occurrence in Metro Atlanta. The traffic congestion, driver distractions, and quickly changing weather are just a few of the contributing factors. Many auto accidents lead to moderate and serious injuries. Once the insurance companies get involved, many injury victims are then financially victimized. This occurrence is one of the reasons why it is so important to contact a skilled car accident attorney immediately after an accident.

Insurance Company Releases After an Automobile Accident

One recent trend that we see with automobile injury cases is that insurance companies are attempting to contact injured parties to get the injured party to sign a release for the injured party’s bodily injury claims as quickly as possible after an accident. They may offer a small sum of money or a sum of money, plus an allowance toward medical treatment. A recent offer we saw was $750, plus payment of up to $2,500 in medical bills. This offer will likely not begin to cover the actual damages the victim suffered after the accident. Insurance companies often take advantage of the stress and financial strain many individuals suffer from after a serious vehicle collision.

The release that the insurance company wants the injured party to sign is a full and final release and forever precludes the injured party from seeking any additional payment. This means that if the injured party does not heal as quickly as anticipated or has an unknown injury that has not been fully detected, neither the at-fault driver, nor the insurance company, is liable for payment of any money above the amount in the release even if the injured party’s injuries are much worse than initially thought.

You Need A Skilled Car Accident Attorney

Before executing any type of release that is presented by the at-fault party’s insurance company, it is always a good idea to consult with an attorney. After a major auto accident, you need a skilled car accident attorney who is familiar with Georgia’s laws to protect your rights. Our team always fights for full compensation. At York Gaskill , we are always willing and happy to help. There are never any fees unless you win. Call or email us to discuss your case.

The Fundamentals of Slip & Fall Claims

Tue, 22 Oct 2019 20:33:19 GMT

What is a Slip & Fall Injury?

A slip and fall , or trip and fall, injury is a type of premises liability claim. This type of personal injury claim is based on a person slipping (or tripping) on the premises of another and being injured as a result.

Filing a Slip & Fall Accident Claim

Slip and fall accidents can have serious consequences. Maybe you have broken bones, neck or back injuries, or head injuries as a result. The medical bills begin to add up, and you wonder how you’re going to pay for them all.

The logistics of filing a claim against a property owner or occupier where the slip and fall occurred can be grueling, resulting in hours of discovery by way of depositions of the claimant, witnesses, and doctors. The burden of proof lies with the claimant, who must show that the owner was negligent in some way, causing the slip and fall. A property owner’s duty to visitors on his or her property changes depending on whether the visitor is an invitee, licensee, or trespasser. A premises law attorney knows the right questions to ask to determine whether there is enough evidence to support a cause of action in a court of law and can work with you, the owner, and the insurance companies to reach a settlement or pursue to trial if necessary.

Premises Liability & Possession

One twist that we encountered in a recent case deals with the circumstance where a landlord had tendered possession of a property to its tenant. Georgia law establishes that a landlord who “parts with possession” is not responsible to third parties. Pursuant to O.C.G.A. 44-7-14:

“Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

Proving Your Slip & Fall Case

In slip & fall cases, you will need counsel who can focus on defective construction and the potential that the property owner failed to keep the premises repaired. That requires immediacy and quick investigation of the incident and the property. Document everything and retain experts early. But most importantly, hire competent counsel to help you navigate this tricky area of Georgia law.

An owner or insurance company may try to settle your case before you have a chance to speak with an attorney. York Gaskill, LLC does not want you to settle for less than you deserve. If you or someone you know has been injured on someone else’s property, please contact us today to discuss what we can do for you.

The Importance of Preparing Your Will

Wed, 09 Oct 2019 17:10:35 GMT

What is a Last Will & Testament?

A Last Will and Testament is a written, legal document that allows a person (or “testator”) to choose how his or her affairs are managed after his or her death. At a minimum, a properly drafted Will should provide for distribution of the testator’s property, appoint an executor to carry out the terms of the Will, designate a guardian for minor children, and establish a testamentary trust for assets that are given to minor children, or even younger adults that are not yet ready to manage an inheritance. Additional provisions can be added to the Will to consider the unique circumstances of the testator and the testator’s wishes and desires.

Executing a Will in Georgia

To be valid in Georgia, a Will must be properly executed. It must be in writing and must be witnessed by two witnesses. Additionally, to expedite probate, the Will should contain a notarized affidavit making the Will self-proving. The self-proving affidavit eliminates the necessity of contacting the witnesses at the time of Probate. This is important as witnesses, particularly with Wills that are executed many years before the death of the testator, are not able to be located because they have moved or have died themselves. If the Will is properly drafted, properly executed, and self-proving, the process of probating a Will in Georgia is usually fairly quick and straightforward.

What Happens When You Don’t Have a Will?

Problems arise when a person dies without a Will or without a properly drafted and executed Will. First, without a Will, someone will have to qualify as an Administrator of the estate of the decedent. The process of administration is more cumbersome as Administration often requires publication in the county newspaper and for the Administrator to post bond. It may also require the Administrator to file inventories and reports with the Probate Court that can otherwise be waived by a testator in his or her Will.

Most importantly, without a Will, the property of the person who has died is distributed by the laws of intestate secession. In Georgia, this means that the decedent’s children take equally with the decedent’s spouse, with the spouse receiving not less than one-third of the estate. Assume that a couple had been married for 50 years and had two grown children. If the Husband died without a Will, one-third of his assets would be distributed to his wife and one-third to each child. Most likely, this couple would have chosen in their Will to leave all assets to each other and then, upon the death of both of them, to their children equally.

Hire An Experienced Attorney To Execute Your Will

A Will is a critical document to make sure assets are given to the right people upon death and to expedite the process of resolving the estate of the deceased person. That is why it is so crucial to hire an experienced attorney to execute your will. The caring Estate Planning Lawyers at York Gaskill, LLC will take care of every detail and listen to all of your concerns. Contact us directly to discuss your wills, trusts, and estate planning . We also invite you to learn more about our will packages .

Dispossessory Matters in Landlord / Tenant Law

Wed, 25 Sep 2019 16:14:26 GMT

Dispossessory Filings

At York Gaskill , we frequently represent landlords (and tenants) in contested dispossessory matters, and frequently while negotiating leases. From the landlord’s side, how do you dispossess a tenant where you have one lease, but it denotes separate suites? Assume that your tenant has added contiguous suites, expanding their footprint by way of amendments to their lease over time. Now the tenant is no longer paying and looking to downsize or leave. Your client is fed up and just wants the tenant out. Because you have one lease, can you file a single dispossessory and obtain one writ, or do you have to file separate dispossessory actions? We encountered this situation recently in a Metro Atlanta Court. The Court rejected the initial filing that sought to handle the case as one (1) dispossessory matter. So, the filing had to be resubmitted as multiple separate filings. At the Hearing, the Judge then allowed seven (7) days to pay rent into court on each of the individual filings.

The interesting twist was that having filed separately, this gave the tenant the option to pay a portion of the rent into Court and retain possession of just a single suite. The rent was divided between the suites on a square foot basis, so this ended with a result that the landlord was profoundly unhappy with: a renegotiation of the lease with a smaller footprint allowed for the tenant.

Had the Court allowed one filing to cover the entire premises, this could have also given the tenant an avenue to contest the filing. Because only one notice was given and posted on one door of the premises, the tenant might have argued that no notice was given to the remaining separate suites.

Stay in Control of Your Premises

This scenario did not have a winning outcome as a matter of law. Fortunately, the tenant was unable to pay the rent and keep the matter alive, so as a practical matter, it did not ultimately make a difference. Nevertheless, the landlord was placed in the uncomfortable position of not being in control of their own premises, through no fault of their own. One key takeaway was that careful drafting of the Amendments to the lease, which added the additional suites, could have avoided this pitfall altogether.

Hire An Experienced Landlord / Tenant Attorney

If you are facing a complex Landlord / Tenant legal dispute , you will want to obtain legal counsel that has deep experience in this area. At York Gaskill, LLC, we have decades of experience litigating in the Metro Atlanta courts and broad experience with the ins and outs of this area of the law. Call us at 678.697.6789 or contact us online to discuss your case.

The Benefits of Hiring an Experienced Personal Injury Attorney

Wed, 11 Sep 2019 14:52:27 GMT

Experiencing an accident in which you were injured can be daunting, confusing, and time-consuming. That’s why it’s imperative to hire an experienced Personal Injury Attorney to guide you through the process and to help ensure you receive all the compensation you deserve.

All Personal Injury cases should be taken seriously, whether an auto accident , work-related injury , nursing home abuse , slip and fall , or other type of injury . There are many issues to address after an accident, including medical care, medical expenses, loss of work, dealing with your insurance company and the insurance company of the at-fault person or entity.

When you hire an experienced Personal Injury attorney, you reap the following benefits:

You Increase Your Injury Compensation

The top reason to hire an experienced Personal Injury attorney is to increase your chances of obtaining the highest amount of compensation possible. Your attorney will help you with that goal so at least your financial obligations after the accident are minimal to non-existent.

Injured parties with Personal Injury claims often receive larger settlements than those without legal representation. This is true even after attorney fees are calculated into the final insurance payments.

Your Lawyer Opposes and Communicates with the Insurance Company

Dealing with insurance companies on your own, especially while recovering, can get incredibly overwhelming. When you hire an experienced Personal Injury attorney, that burden no longer rests on your shoulders.

In addition, not only will the lawyer you hire communicate with the insurance companies, the insurance company should not contact you once they know you have representation. Eliminating this task makes the process of settling your claim a whole lot easier.

Most importantly, legal professionals who have vast experience with Personal Injury claims know how to oppose strategies insurance companies use to devalue significant and reasonable claims – and they are not afraid to do so.

You Avoid Paying for Medical Expenses Upfront

While you are recovering, the last thing you want to worry about is paying for extensive and mounting medical bills. You may even receive a hospital lien within days or weeks of leaving the emergency room or hospital. When you hire a Personal Injury lawyer, he or she can help facilitate letters of protection and letters of representation that assure providers that they will be paid at the time you settle your case. This alleviates the financial pressure you may already feel soon after you get medical care.

Choosing An Experienced Personal Injury Lawyer

When you have a Personal Injury of any type, invest your time and energy wisely by choosing an experienced Personal Injury lawyer to guide and protect you. Contact the lawyers at York Gaskill, LLC today to discuss your case. There are no legal fees unless you win.

Civil Contempt Is On The Rise

Fri, 23 Aug 2019 14:58:41 GMT

What Is Civil Contempt of Court?

Civil Contempt of Court is the violation of a court order outside the immediate presence of the court. Most often occurring when someone fails to adhere to an order from the court, which results in injury to another party's rights.

Contempt Motions in Civil Litigation

Civil Contempt Motions are on the rise at our practice. As legal norms are more routinely ignored, the frequency of these situations appears to be increasing. This unfortunate trend is becoming more pronounced throughout the legal system. In our firm, we have collective experience in active civil litigation in the metro Atlanta courts since the early 1990s. Yet in the past 2 years, we have seen several situations where lawyers have outright refused to hand over records, even when a Court Order exists requiring that the documents be produced.

Georgia Courts have broad authority to punish contempt. See inter alia O.C.G.A. § 15-6-8(5). The bench book allegedly refers to this broad authority as being “as wide as the plains of salvation”. So why would lawyers, all officers of the Court, routinely choose to ignore Court Orders?

Why Is Civil Contempt Increasing?

First, there is an increased awareness that the cost and expense of enforcing an Order will militate against seeking a Contempt Motion. There is no guarantee to the client that a Court will necessarily award fees, so that cost could be a few thousand dollars that may or may not be recouped. Moreover, Courts are very busy and are generally unhappy to hear or see litigants that are unable to resolve civil discovery disputes. The presumption is that officers of the court should be able to work this out amongst themselves. So, the bearer of the ill news that the lawyers are stonewalling in discovery, is not favored. Third, these disputes are usually nuanced and complex. They were required to produce 10 years of tax records and instead come forward with 5. Is that worth filing a motion? Or if the Company only produced a condensed version of the QuickBooks, and refuses to produce the supporting documents, does that warrant a contempt hearing?

The overall takeaway is that civility is gradually eroding. Stonewalling of discovery and running out the clock is frequently a successful strategy which encourages this behavior even more. Justice delayed is justice denied, right? Practitioners and Courts should expect more of these motions. We can only hope that the Courts will treat them seriously and bring meaningful consequences to the parties who choose to stonewall.

You Need An Experienced Civil Litigation Lawyer

If you find yourself or your company facing a Civil Contempt Motion, turn to lawyers with experience in handling such matters. At York Gaskill, our knowledgeable civil litigation lawyers can help you navigate through a complicated court system. Contact our law firm in Gwinnett at 678.697.6789 or send us a message for a consultation .

Liability in Pedestrian Accidents in Georgia

Mon, 12 Aug 2019 13:58:33 GMT

At York Gaskill, LLC, we vigorously pursue cases involving injuries to pedestrians in Metro Atlanta and North Georgia. Promptly and properly determining liability in pedestrian accidents is crucial. We work closely with our clients to hold those responsible for their injuries accountable. In fact, our biggest recoveries have been on behalf of clients who were pedestrians at the time they were injured by negligent drivers. We’ve helped multiple clients claim substantial settlements in Pedestrian Accident & Injury Claims .

Determining Liability After A Pedestrian Accident

In Georgia, liability is established on a case-by-case basis. If you were hurt in a pedestrian accident, York Gaskill will take action immediately to confirm liability.

When the Driver is at Fault

An at-fault driver who caused the accident could be liable for any of the following just prior and during the accident:

Driving while impaired by drugs or alcohol
Driving unsafely for the weather conditions
Speeding
Distracted Driving (e.g., texting and driving)
Failure to obey traffic signs or signals
Failure to yield right of way to pedestrian / at crosswalk

When the Driver is Not at Fault

It is more likely that the driver is responsible and at fault for a pedestrian accident. However, one of the following parties could also be a cause for the accident:

The property owner where the accident occurred
A government entity (city, state) where a highway or road was poorly designed or maintained
A public entity

Contact Our Experienced Injury Attorneys for Your Pedestrian Accident Case

Pedestrian accidents often result in catastrophic injuries , including brain injuries, disfigurement, neck & spinal injuries, crushed pelvises, or even death. The consequences of medical treatment commonly lead to financial strain for the families of the victims. Whether you or a loved one was struck on a sidewalk, crosswalk, in a parking garage, or elsewhere by a negligent driver, York Gaskill is here to help.

We have a proven track record of RESULTS and know the legal system in Georgia . As with any Personal Injury case, there are no fees unless you win. After a pedestrian accident, call our experienced injury attorneys at 678.697.6789 or send us a message for a free consultation.

Commercial Landlords & Trademark Infringement Claims Caused By Tenants

Wed, 24 Jul 2019 18:23:35 GMT

Trademark and Intellectual Property Infringement Investigations

Recently a commercial landlord client of ours was approached, by way of a certified mail letter, by a law firm in Manhattan, New York who alleged that our client’s tenants were engaged in trademark infringement activities taking place on their premises. This “notice” is becoming an increasingly common approach for owners of trademarks and intellectual property to effectively enforce their marks. The letter described the marks in detail and alleged that an “investigation” had disclosed that our client’s tenants were engaged in the sale of counterfeit materials. After consulting with us, our client investigated quickly and took immediate action.

Landlords who know or should know of counterfeiting or illegal activities on their premises have potential liability. Fonovisa Inc. v. Cherry Auction Inc., 76 F.3d 259 (9th Cir. 1996); Hard Rock Café Licensing Corp. v. Concession Servs., Inc., 955 F.2d 1143 (7th Cir. 1992). More recently, a famous watchmaker, Omega, won a judgment of $1.1M in a trademark case against a New York landlord who leased space to a counterfeiter under a theory of “contributory” trademark infringement. Omega SA et al. v. 375 Canal, LLC, US District Court for the Southern District of New York, 12CIV6979(PAC), March 5, 2019.

What Should a Landlord Do After a Trademark Infringement Allegation?

Here are the appropriate steps for a Landlord in the event they are confronted with an allegation of trademark infringement:

Review and update the lease language addressing trademark and intellectual property infringement and the sale of counterfeit goods.
Review and update the indemnity language in your Leases to shift the costs of addressing these issues to the tenant.
Proactively monitor tenants to ensure that they are not selling counterfeit goods.
Send regular flyers or communications to your tenants that restate the fact that counterfeit activities are not tolerated and will lead to the remedies provided for in the lease, ideally termination.
Post signage or notices regarding these illegal activities.
Conduct an appropriate investigation as soon as possible after any notice, under the direct supervision of your legal team.
Communicate through legal counsel with holders of intellectual property rights and ask for their help in identifying infringing sales and identifying perpetrators.
If any persons are identified, terminate their leases as immediately as possible.

Include Tenant Compliance with Intellectual Property Laws in Your Lease

The attorneys of York Gaskill routinely represent commercial landlords in litigation and frequently draft Leases that address this precise issue. Below is some suggested language for that portion of the Lease. There are four additional paragraphs we usually recommend, that cover indemnity and additional issues, but these two paragraphs will get you started on an article that might be entitled Tenant’s Compliance with Intellectual Property Laws.

Section 10.01 Tenant, at Tenant’s sole cost and expense, shall comply with all statutes, laws, ordinances, orders, regulations, of Federal, State, County, and Municipal laws, including, but not limited to: the Copyright Act of 1976, U.S. Code Title 17 as amended; Congressional Published Laws relating to intellectual property, as amended; Trademark Act of 1946, U.S. Code Title 15 as amended; and the United States Patent Act, and U.S. Code Title 35 as amended. Tenant shall comply with all notices from any Federal, State, County, Local, and Municipal Authorities and with all directions, pursuant to such laws, which shall impose any duty upon Landlord or Tenant with respect to the Premises, Tenant, or any of Tenant’s agents, servants, employees, contractors, visitors, licensees, or assigns, or any of Tenant’s, or Tenant’s agents’, servants’, employees’, contractors’, visitors’, licensees’, or assigns’ merchandise, logos, packaging, prints, labels, fabrication, services, goods, cargos, commodities, wares, or products.

Section 10.02 Tenant shall not sell, market, peddle, distribute, exchange, stock, deal, carry, furnish, or barter any merchandise, products, goods, wares, commodity, or cargo that infringes upon a trademark, trademark license, service mark, copyright, patent, or patent-pending in connection with goods or services in a manner that would cause confusion, deception, or mistake about the goods, or source of such goods, or services.

You Need a Trademark Infringement Attorney

York Gaskill, LLC represents landlords in commercial properties and can help you address these issues. Having an experienced trademark infringement attorney defend you in this situation is crucial. Do not hesitate to reach out to us if you are confronted with a trademark claim involving one of your tenants. Call our team at 678.697.6789 or send us a message to discuss your case.

An Overview of Adult Guardianships & Conservatorships

Tue, 09 Jul 2019 13:44:30 GMT

What is an Adult Guardianship?

An adult guardianship is the legal process by which one person obtains authority to make legal decisions on behalf of another. Guardianships are granted when the adult lacks the ability to make significant decisions regarding their own health and well-being. Most often, adult guardianships are filed when a person reaches 18 years of age, becomes an adult for legal purposes and his or her parent loses natural guardianship, but the young adult has a disability that prevents them from making sound decisions for themselves. Similarly, guardianships are also frequently necessary when illnesses of advancing age begin to limit an elderly person’s ability to make decisions for himself or herself.

What is a Conservatorship?

A conservatorship is often a companion proceeding to a guardianship. A conservator is responsible for the finances of the adult that lacks the capacity to manage their finances for themselves.

How Guardianships and Conservatorships Are Handled

In Georgia, guardianships and conservatorships are handled in the Probate Court. Probate judges take their obligation to make sure that a guardianship and conservatorship are completely necessary very seriously. That judge will oversee the guardianship and conservatorship for its duration.

How To Obtain a Guardianship or Conservatorship

To obtain a guardianship or conservatorship, a Petition must be filed with the appropriate Probate Court. The Probate Judge will complete an initial review of the Petition to determine whether there is probable cause to believe the guardianship or conservatorship is necessary. If the Judge finds probable cause, the court will order a medical evaluation of the proposed ward and appoint an attorney to represent the proposed ward. Thereafter, a hearing will be held, and the Judge will make a final determination of the necessity of the guardianship and conservatorship. Upon being appointed a guardian or conservator, the guardian or conservator will be required to make regular reports to the Court so long as the guardianship and conservatorship are in place.

Guardianship & Conservatorship Attorneys

Establishing guardianship & conservatorship is a complicated process. You will need an attorney who is well-versed in this area of the law. At York Gaskill, we are experienced guardianship & conservatorship attorneys in Duluth, GA. We invite you to contact our law firm at 678.697.6789 or send us a message to discuss how we can help you and your loved one.

Autonomous Vehicles & Autopilot

Wed, 26 Jun 2019 13:12:56 GMT

The Impact of Autonomous Driving Cars & “Autopilot”

Electric cars are in the process of disrupting most of the auto industry. Beyond the inherent economic advantages of purchasing electricity versus fossil fuel to power personal transportation needs, the newest electric cars are also pioneering autonomous driving. This has been led by the ambitiously named “autopilot” introduced to cars by Tesla Motors.

Autopilot is not a new concept for airplanes, and most passengers understand and are comfortable with the fact that a computer handles most of the flying in commercial airlines. Cars have progressively ceded control of driving away from humans. Human error is obviously at the root of the vast majority of car wrecks. In February 2015 the NHTSA examined the “critical causes” of car wrecks and determined that 94 percent of car crashes were attributable to driver error.

Tiny percentages were attributable to the environment, weather, and mechanical failures. Taking or reducing the human element makes driving safer, and as such, we should be embracing autonomous driving. That said, the transition has been slow. Full self-driving is still subject to significant regulation, and as with most areas of innovation, government and the law are playing catchup.

The Good News About Self-Driving Vehicles

The best news is the fact that there are so few crashes attributable to errors on the part of autonomously driven vehicles that each crash makes headlines. These few instances play out in the face of millions of driven miles, so the mere fact that they are so few and far between is hugely encouraging for the future of autonomous driving. One such notable fatal collision occurred on March 23, 2018, when a 2017 Tesla Model X collided with a concrete barrier on U.S. Highway 101 in Mountain View, California. The driver’s family claimed that autopilot was engaged, but notably, later the lawsuit he filed included the State of California alleging a road defect. Tesla, defending their computer, alleged that the system gave the driver multiple alerts before striking the barrier.

More recently in March 2019 a Tesla Model 3, also allegedly with autopilot engaged, crashed in Delray Beach Florida shearing its roof off when a tractor-trailer crossed in front of it on a divided highway. This incident was remarkably like a May 7, 2016, Tesla crash. That 2016 crash was the first fatal crash of any kind involving a semi-automated system, also in Florida, where a Tesla Model S drove underneath a tractor trailer. Tesla’s statement in connection with that crash stated that “Neither Autopilot nor the driver noticed the white side of the tractor-trailer against a brightly lit sky, so the brake was not applied.” Also, the company noted that the 2016 crash was the first fatality in 130 million miles of documented “Autopilot” driving. It is significant also to note that the pre-2016 model Tesla had far fewer cameras and sensors than the models produced after October 2016, in addition to the leaps and bounds in computer processing power. The ability of the current system to detect and avoid hazards is not remotely comparable to the first-generation systems.

Autonomous Vehicles & The Law

When it comes to autonomous vehicles, where does the law come in? No question there will be legal ramifications for crashes. Drivers of semi-autonomous vehicles will not escape liability for collisions where they are at fault, and even enabling these systems requires multiple acknowledgments before the system will “take over”. Certainly, those vehicles can also be driven without the systems enabled, so determinations of liability will be complicated only where autopilot is enabled. Proving after the fact that the systems were enabled will involve an expert review of the vehicle systems. Preserving that evidence and early involvement of the correct experts and legal counsel will be critical for any lawsuit involving product defects and hardware, software, or sensor malfunctions. The recent Boeing 737 Max airliner crashes demonstrate the potential for product liability causes of action to be applied to autonomous control systems. Again, the silver lining is how rare these incidents are and how many saved lives that translates into.

When You Need A Product Liability Attorney

In the event the worst does happen, get an experienced product liability attorney involved immediately to assess the case, preserve the evidence, and retain the correct experts to establish the facts. The trial lawyers of York Gaskill, LLC have the in-depth knowledge and specific expertise necessary to handle such a case. We have years of experience with catastrophic automobile product liability claims. Call or send us a message to discuss your case.

Amending Charges for Traffic Citations

Wed, 12 Jun 2019 13:36:21 GMT

Resolving & Defending Traffic Tickets

At York Gaskill, LLC, we frequently are retained to represent clients in resolving traffic tickets. Sometimes, traffic tickets can be difficult to defend at trial. This may be true for several reasons. Sometimes the client may not believe they have committed a traffic violation and did not deserve to receive the citation but may have technically violated a driving statute. There is also the practical consideration that the police officer who issued the citation may frequently appear in front of the same Judge on the citations that they issue. Being well known to the Judge deciding these cases may result in the officer being given the benefit of the doubt.

However, in defending traffic citations, there will be an opportunity to resolve the case without a trial. Defense counsel will be able to speak with the prosecuting solicitor and discuss a resolution of the citation. Solicitors are usually reasonable in their approach to resolving traffic citations. They understand that routine traffic citations are not overly serious, and even the safest drivers may occasionally make a mistake while driving. They also have many cases that they must handle and are often motivated by the practical consideration that they must resolve cases. More often than not, they do not have time to physically try every citation that comes through their court.

Important Factors Impacting Traffic Citations

The defendant’s driving history is a strong factor in determining how much leniency a solicitor will afford a defendant. A person with a clean driving history will generally be given more leniency than a person who already has several traffic offenses on his or her driving history. Age can also play a factor. A sixty-year-old who has never received a traffic citation may receive more consideration than a sixteen-year-old that is excessively speeding a week after getting her license. The driver’s willingness to take a driver’s education course can also demonstrate good faith to the solicitor.

Negotiating Traffic Citations

Often, one of the goals in negotiating with the solicitor is to have the charge amended to one that will not be reported as a matter of law and course on the defendant’s driving history. This has the obvious benefit that the insurance company may not discover the citation at renewal, which may keep insurance premiums from increasing. Sometimes, it is better to pay a small fine to resolve a citation by pleading to an amended charge that is non-reporting rather than risk a guilty verdict at trial. The experienced attorneys at York Gaskill can help you make that decision.

Find An Experienced Traffic Ticket Lawyer

Your attorney's knowledge-base matters when it comes to fighting traffic citations. We are experienced traffic ticket lawyers in Duluth, GA. At York Gaskill, we have helped many individuals minimize the negative impact of traffic tickets they have received. If you have recently received a traffic citation, call our law firm in Gwinnett at 678.697.6789 or send us a message for a free consultation.

Changes To The School Bus Law and Driver Violations in Georgia

Tue, 21 May 2019 15:42:51 GMT

School Bus Law in Georgia

Many drivers are not aware of the recent changes to the school bus law and driver violations in Georgia. Georgia law recently underwent a change that helps clarify fines and penalties in the case of school bus violations. Bear in mind that there is a distinction between what is colloquially known as a “camera violation” which may be a civil fine only, and a violation of the criminal statute, (i.e. a citation issued by an officer) which requires more than just a video to prove. What has recently changed is that the law requires traffic to stop in all directions regardless of whether there is a turn lane separating a roadway with four or more lanes. The only circumstance where drivers will not be required to stop is when they are traveling in the opposite direction with a physical median separation. As a misdemeanor traffic violation, that is a criminal citation, fines can run up to $1,000 and result in up to 6 points on the driving record. Check back on this as the legislature has a habit of changing this steep penalty. Bear in mind also that a driver with 15 points over a 24-month period will get their license suspended. So, taking this law seriously and fully understanding it is important in more ways than one, and you will want experienced counsel to help you navigate this area of the law.

How The School Bus Law Is Enforced

With such substantial penalties, it is crucial to understand how the school bus law is enforced. Typically, school buses will have camera systems that record the sequence of events, depicting the deployment of the stop sign, the exact location of the vehicle at the time that the school bus stop sign and signal deploys, and showing the vehicle passing the school bus. One prosecutor in a local court tells us, “This may be the most serious offense that we see in Traffic Court.” In Court, the prosecution will have a copy of the actual video to show the Judge.

Often jurisdictions will send a letter with a link to the video so that you will have an opportunity to see the video before you get to Court as well. The high resolution of these videos allows identification of license plates from a significant distance. As such, these citations are difficult to fight and often a No Contest or a Nolo plea will be the only reduction that a Court will consider if the Defendant is eligible to enter that plea.

School Bus Law Violations

Below is a graphic prepared by the Georgia Department of Administrative Services showing the new statutory scheme for school bus violations:

The Importance of Hiring a Traffic Ticket Defense Attorney

If you are accused of violating the school bus law in Georgia, it is wise to have an experienced traffic ticket defense attorney by your side. Ensuring that your rights as a driver are not impeded upon and that your penalty is not overly severe is important. The trial lawyers at York Gaskill in Duluth have in-depth knowledge of Georgia’s traffic laws and can defend you vehemently in court. Call us or send us a message to discuss your case.

What Is Med Pay & Why Is It Important?

Wed, 08 May 2019 13:36:43 GMT

What is Med Pay?

“Medical Payments to Others,” often called Med Pay is a part of most car insurance policies. Many drivers assume that the medical bills resulting from injuries in an auto accident will be covered by their car insurance, but that is not the case. Those bills would actually be covered by Med Pay which is a rider on your car insurance policy. Med Pay riders are an area of automobile insurance that many people do not clearly understand. It is important to note that Med Pay is not a replacement for health insurance coverage. Med Pay only applies to injuries and medical care resulting directly from an automobile accident and almost always has a limit of $25,000.

Med Pay is a type of additional coverage that pays medical bills and expenses for the driver and passengers without regard to who is at fault for the automobile accident. For example, if Sally Safedriver is driving her car up Interstate 85-N and is suddenly rear-ended by another driver, who was following too closely, Ms. Safedriver can seek medical care and her Med Pay coverage will pay for her medical bills up to the amount of her Med Pay coverage.

The Benefits of Med Pay & Why It is Important

Med Pay riders provide at least a couple of advantages to the injured. First, with Med Pay, medical providers are more assured of payment for their services and, therefore, are more willing to treat the injured involved in the accident. Secondly, under Georgia’s collateral source rule, the at-fault driver does not get the benefit of the other party’s insurance coverages. Therefore, Med Pay can be used to offset some of the costs of the medical expenses, allowing the injured party to maximize the portion of the settlement he or she is able to keep for themselves to compensate for general damages like pain and suffering.

Med Pay Coverage

Like all forms of insurance, Med Pay Riders can vary in the amount of coverage. In my April blog, I wrote about The Importance of Uninsured/Underinsured (UM) Coverage in Georgia and the need to consult with your insurance agent to review these types of coverages. Med Pay coverage should also be reviewed. Typically, the premium for Med Pay is relatively small. It is a good idea to check with your insurance agent to check your Med Pay coverage to ensure that you are protected adequately. If you are injured in an auto accident, you will be glad you made that phone call.

Car Insurance Injury Claims

When you are injured in a car accident that was caused by another party, it is important to contact an experienced personal injury attorney even if you have full coverage insurance. The responsible party needs to be held fully accountable. You need an attorney who comprehensively understands the ins-and-outs of car insurance injury claims. We are experienced car accident lawyers in Duluth who can assist you through the entire process. Our team will fight for every dime of compensation you are owed. When we take on your personal injury case, there are no fees unless you win. Call our law firm in Gwinnett at 678.697.6789 or send us a message for a free consultation .

Airbags and Product Liability

Tue, 16 Apr 2019 14:38:07 GMT

Airbag Safety & Defective Airbags

Airbag safety is an extremely important vehicle issue but is often overlooked. Airbags were invented to keep drivers and passengers safer in their vehicles. However, sometimes airbags may deploy unexpectedly, deploy ineffectively, deploy too effectively, or not even deploy at all when needed. If any of those circumstances happen to you, the results can be devastating often leading to serious injury and even death. When you or a loved one are hurt by a defective airbag, it’s time to seek legal counsel with a strong background in Product Liability and specifically with airbag injury cases.

If Your Airbag Malfunctions

If you are injured by a defective airbag, you will likely be able to file a “Product Liability” lawsuit and get compensation for your injuries. It is imperative that the responsible party or parties are held fully accountable for your financial losses, emotional distress, and physical injuries.

Types of Product Liability Claims

There are three broad types of Product Liability Claims that are most common:

Design Defects. A claim based on design claims that the design of the product makes it inherently dangerous to the user. For instance, airbags that all deploy with excessive force would be hazardous to all drivers and passengers with that same design in their vehicles.
Manufacturing Defects. Different than design claims, manufacturing claims assert that something went wrong in the implementation of the design, during the manufacturing process, causing the product to become defective. In this scenario, only some (not all) vehicles would be affected, just the ones where the manufacturing went wrong.
Failure to Warn Defects. Claims in this category allege that there were inadequate instructions or warnings for the product. A primary example would be the failure of the company to provide child-specific warnings.

Negligence & Compensation in Airbag Cases

If defects occur due to the negligence of a company, injured parties may be entitled to monetary compensation. At York Gaskill, we have unique experience with product liability claims and airbag cases in particular. Mr. York served as local counsel to Takata Corporation from 1995 through 2015 and in that capacity, he defended numerous Takata lawsuits, many of which were wrongful death and catastrophic rollover cases. Takata is now in bankruptcy, faces many lawsuits, and is no longer a client of Mr. York’s nor was it ever a client of York Gaskill. Attorney York and Attorney Gaskill now represent Plaintiffs in actions against product designers and manufacturers.

The attorneys at York Gaskill want your claim to be successful. You deserve maximum compensation. If you have been injured from an airbag defect or malfunction and feel you have a claim, be sure to retain all records of medical treatment, preserve all crash-related evidence, and obtain a copy of the police report immediately after the accident.

Experienced Airbag Injury Attorneys

Because these types of cases are complex, it’s important to have an experienced airbag injury attorney in your corner. York Gaskill has the qualifications and knowledge to retain the right experts to get you the outcome you deserve. As with any Personal Injury case , there are no fees unless you win. Call our law firm in Duluth, GA at 678.697.6789 or send us a message for a free consultation.

The Importance of Uninsured/Underinsured (UM) Coverage in Georgia

Mon, 01 Apr 2019 12:54:23 GMT

Choosing The Proper Car Insurance Coverage

One trend that we notice at York Gaskill is that car insurance is being sold increasingly through the internet and over the phone to car owners. Fewer and fewer people rely on well-developed relationships with insurance agents which can make choosing the proper car insurance coverage difficult. As a result, many people choose their insurance coverage in a hurried manner that is based predominantly on price. Conversely, consulting with an agent in person allows an individual the opportunity to receive advice and counsel about the insurance they are purchasing. Many people do not realize that saving money on your monthly premium but not choosing the proper car insurance coverage may cost you dearly in the long run.

What is Uninsured and Underinsured Motorist Coverage

Uninsured and Underinsured Motorist (UM) Coverage is an area in which people often choose to save money without understanding what they are giving up in coverage. Many individuals may not even understand what this type of coverage is. Uninsured and Underinsured Motorist Coverage is defined as follows:

Uninsured Motorist Coverage provides bodily injury coverage if an at-fault driver does not carry liability insurance coverage at all.

Underinsured Motorist Coverage provides bodily injury coverage if the at-fault driver does not carry enough insurance to cover all injuries.

Driver Insurance & Georgia Law

Georgia law only requires a driver to be insured for $25,000 to an injured person with an aggregate in a wreck of $50,000. For example, if you are a single occupant in your vehicle and are injured by a minimally insured driver and your bodily injury damages are $50,000, then the at-fault’s insurance would only cover $25,000 of those damages. Your uninsured motorist coverage would potentially cover the balance.

Unfortunately, many drivers in Georgia are not meeting the set insurance requirements. According to the Insurance Research Council, an average of 10% of Georgia drivers do not have the mandatory insurance required by law. Even those with insurance often only carry the minimum amounts.

Why Uninsured & Underinsured Motorist Insurance Is Important

When you are driving and are at-fault in an auto accident, your liability insurance will cover the damage and injury you caused in the accident. This is not necessarily the case if another driver hits you. You can’t assume they will have the proper coverage to pay you for your losses and injuries after the accident.

If the at-fault party in your accident doesn’t have the insurance or financial resources to pay for your damages, you will be on the hook for them. The medical expenses, loss of income, and property damages can be extensive after a bad accident. Your liability insurance will not protect you under these circumstances. This is why it is so important to protect yourself with Uninsured / Underinsured Motorist Coverage.

Choose The Right Insurance Agent

For a better understanding of uninsured and underinsured coverage, we recommend that you sit down in person with your agent and review your coverages. If you do not have an agent with whom you are able to meet, we highly recommend Joseph Mansour with Liberty Mutual (678.414.6241) in Gwinnett County or Bryan Hayes with State Farm (678.383.6549) in Cobb, Dekalb, North Fulton, and Forsyth Counties. Both regularly provide policy reviews for clients and potential clients. They are highly respected agents in the industry.

Contact An Experienced Car Accident Attorney

When you are the victim of another driver’s reckless or negligent driving, you need an experienced car accident attorney on your side. Sorting through the insurance coverage, legal ramifications, and liability issues require knowledge and expertise. At York Gaskill, we understand Georgia laws and how insurance coverage can impact your case. As with any Personal Injury case, there are no fees unless you win. Call our law firm in Gwinnett at 678.697.6789 or send us a message for a free consultation.

Electric Scooter Risks & Injuries

Mon, 18 Mar 2019 16:18:43 GMT

Electric Scooter Popularity

Electric scooters have arrived with a bang. Delivering people the “last mile” serves a useful purpose in our transportation network, but comes with distinct risks and intrinsic dangers. Scooter companies like Bird and Lime have aggressively expanded into markets across the United States as well as Europe – and even Israel. The costs are very low. A new scooter with an electric range over 15 miles can be purchased for around $200 retail and much less wholesale. But these machines have brought with them injuries and even two highly publicized deaths.

Serious Electric Scooter Injuries

According to CNN, one individual, Carlos Sanchez-Martin died on a Lime scooter recently after an SUV struck him in Washington, DC. The SUV dragged him for over a dozen yards and pinned him under the vehicle, according to a report by the Washington Post . Another notable event happened in September 2018. 24-year-old Jacoby Stoneking died after falling off a scooter he was riding home from work in Dallas, according to CNN affiliate KTVT .

As quoted by CNN, "You have a public that hasn't been aware of the inherent dangers in what they see as a fun recreational vehicle," said Dr. Sam Torbati, co-chair of the emergency department at Cedars-Sinai Medical Center in Los Angeles. "They're no safer than any other motorized vehicles, and in some ways, are more dangerous than a bicycle."

Scooter Injury Claims

Scooters have inundated the neighborhoods of Atlanta as well. They undoubtedly will also lead to injuries. In the event that you or a loved one sustain a scooter related injury, please seek experienced legal counsel immediately. As with bicycles, the existence and interplay of insurance will be important to the recovery you can expect from a scooter injury claim. Excellent legal counsel can definitely help improve the outcome of your case .

Trusted Scooter Injury Attorneys in Duluth, GA

We are trusted scooter injury attorneys in Duluth, GA. We assist injured clients throughout Gwinnett County and Metro Atlanta. The lawyers at York Gaskill have represented individuals in personal injury matters for the past two decades and can help if you or a loved one has been involved in a scooter or bicycle incident. As with any Personal Injury case, there are no fees unless you win. Call our law firm in Gwinnett at 678.697.6789 or send us a message for a free consultation .

York Gaskill Supports the Scott Schoenthal Circle of Love

Thu, 07 Mar 2019 13:43:48 GMT

Scott Schoenthal Circle of Love

At York Gaskill, we have a long history of significant involvement in the Duluth and Gwinnett County communities. Since 2017, Chip Gaskill has served on the board of directors for the Scott Schoenthal Circle of Love . The Circle is a non-profit organization founded by the Schoenthal family in honor of Scott Schoenthal, who died in his early 30s after a long battle with testicular cancer, leaving behind his wife and two young children.

The Circle raises money through community events held throughout Gwinnett County to financially assist cancer patients and their families as the patient goes through treatment for his or her cancer. The Circle's goal is to free the cancer patient up from financial pressures so they can focus on the fight against the disease.

In 2018, the Circle raised $80k, paid a mortgage for one month for 20 families, paid 55 utility bills, provided snacks at the local oncologist center for patients for 12 months, and gave out $3,000 in gift cards at Christmas to patients and families in the hospital at Christmas.

The Circle is a 501c3 nonprofit organization. For more information on the Scott Schoenthal Circle of Love and how you can support its upcoming fundraisers, visit The Circle’s website at www.scottscircleoflove.org or their Facebook page at www.facebook.com/scottschoenthalcircleoflove/ .

2nd Annual Superheroes in Disguise Casino Night

Join us April 13th, 2019 for the 2nd Annual Superheroes in Disguise Casino Night! The Circle's first casino night was such a success of smiles and true financial help for cancer patients and their families, they just had to do it again. Please support this incredible event!

This will be a night you do not want to miss! In honor of our beloved Scott Schoenthal, The Circle will bring together many people from across the country to raise money to help families affected by cancer. The charity started out of the love for Scott, Misty, Brayden, and Brynli - and will continue to lift the financial burdens for families who are fighting! There will be food, music, our signature live auctions, and there will be tears and laughter and memories. Dress sharp, come ready to play, and be prepared to watch the power of Scott's Smile bring life and blessings to a room full of real people that need your help.

Your participation in this night will help us TAKE CARE OF OTHERS! Stay tuned as we update the ACTUAL families you will be helping! Than you for keeping Scott's legacy alive and beautiful with us!

GET YOUR TICKETS OR BECOME A SPONSOR

Caring Duluth Attorneys

We are so proud to support the Scott Schoenthal Circle of Love and their upcoming event. As caring Duluth Attorneys , we understand the importance of community involvement. Please consider supporting the 2nd Annual Superheroes in Disguise Casino Night or making a donation to their nonprofit.

What You Need To Know About Dog Bite Injury Cases

Fri, 22 Feb 2019 16:18:00 GMT

Major Dog Bite Settlement

In 2018 York Gaskill, LLC handled a horrific dog bite case. The case involved a young child playing in his cul de sac, when his neighbor’s pit-bulls escaped their yard, left the owner’s property and chased him down, biting and severely injuring the child. He was life-flighted to Children’s Hospital where he survived, but with permanent disfigurement and scarring. Another neighbor helped pull the dogs off of him; without her intervention, he would likely have died. York Gaskill was able to obtain the maximum recovery for the child and his family. Of course, the major dog bite settlement does not take away the pain and trauma the child suffered, but it significantly helped that child on his road to recovery.

Dog Bite Law in Georgia

The law has evolved relatively recently in Georgia in dog bite cases. For a long time, the absence of a prior event would be taken as a major obstacle to a recovery. Dogs have historically been regarded as a “harmless species” so the burden was placed on the Plaintiff to show that the dog in question is vicious or dangerous, and the owner knows it. The law followed what has been referred to as the “One Bite Rule” or the “First Bite Free Rule”. The rule does not require a literal “first bite” but does place the burden on the Plaintiff to prove that the owner or keeper has “reason to know of the propensity of the dog to do harm of the type which it inflicts”. For the most part, cases where there was no prior evidence that the dog had bitten someone previously, would languish and fail to proceed. That “one bite free rule” was modified by the recent ruling in Steaglad v. Eason, 300 Ga. 717 (2017). That case allowed the Plaintiff to proceed based on evidence of two admitted incidents of prior “growling, barking and snapping”, rather than any previous bite. The case overruled the Court of Appeals on this point where a pit-bull named “Rocks” has previously growled and snapped, and then growled, barked and snapped about a week prior to the attack. These facts were enough to show the propensity of the dog to be vicious, the potential danger, and the owners’ knowledge.

Dog Ordinance Violations

The evidence to show propensity, danger and knowledge can also revolve around a violation of an ordinance. In the case recently handled by York Gaskill, the local authorities charged the owner with a series of dog leash and other local ordinance violations which establish that vicious propensity. OCGA § 51-2-7, provides that, “[i]n proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.” See also Johnston v. Warendh, 252 Ga. App. 674, 676 (1) (556 SE2d 867) (2001).

Trusted Dog Bite Attorneys in Duluth, GA

This nightmare scenario is one where excellent legal counsel can help. We are trusted dog bite attorneys in Duluth, GA. The lawyers at York Gaskill have represented individuals in dog bite matters for the past two decades and can help if you or a loved one has been involved in an attack by a vicious animal. As with any Personal Injury case, there are no fees unless you win. Call our law firm in Gwinnett at 678.697.6789 or send us a message for a free consultation.

Evaluating Sexual Harassment Cases on a Continuum

Mon, 11 Feb 2019 16:40:51 GMT

What is Sexual Harassment?

The answer to the question “What is sexual harassment?” is not as clear cut as many may think. In general, sexual harassment is any unwelcome sexual comment, advance, request for a sexual favor and any other verbal or physical conduct of a sexual nature. Sexual harassment is a pattern of conduct that can be analyzed in terms of a broad continuum. This continuum comprises singular acts or patterns of behavior ranging from inappropriate sexual comments to sexual assault and rape.

On the most severe end of the spectrum, there is little doubt that sexual assaults, or even a quid pro quo form of harassment, where a person of authority conditions favorable employment benefits upon sexual favors, are well within the continuum of wrongful conduct that comprises sexual harassment. A classic example would be a male boss that conditions a raise or promotion upon a female subordinate engaging in sexual acts with him. Conversely, reasonable people can agree that a simple good morning and a professional handshake does not fall within the spectrum of conduct constituting sexual harassment.

Sexual Harassment According to the EEOC

The EEOC defines sexual harassment as follows:

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following

The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex.

The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

The harasser's conduct must be unwelcome.

How Do You Know if it is Sexual Harassment?

Most sexual harassment cases are not so clear and fall within the middle ranges of the continuum. Consider these slightly different scenarios: What if a boss of an employee notices the employee’s new outfit and comments as follows, “Is that a new outfit? I like it.” What if the comment is more sexual in nature. “New outfit? It is attractive.” Or, “New outfit? It makes you look hot.” Or, “New outfit? I bet your boyfriend really enjoys it. Turn around and let me get a good look of you in it.” The lines between professional, friendly and inappropriate can easily blur. It can be difficult to determine if sexual harassment has actually occurred in many situations.

What Constitutes a Sexual Harassment Claim?

The analysis of the unwanted behavior to determine whether the sexual harassment claim is legally actionable involves an assessment of all the facts to determine the pervasiveness of the conduct to assess whether a Judge or Jury would agree that sexual harassment has taken place. These facts might include whether the act of harassment is a one-time event or a regular occurrence, the relationship between the harasser and victim, the gender and sexual orientation of the parties involved, and the blatant nature of the wrongful conduct.

You Need an Experienced Sexual Harassment Attorney

The attorneys at York Gaskill, LLC have experience representing clients who have been the victim of sexual harassment and can assist in evaluating a client’s employment experiences to determine whether there is a legal case for sexual harassment. Call us at 678.697.6789 or send us a message for a free consultation.

Dram Shop Liability

Fri, 18 Jan 2019 17:19:59 GMT

Dram shop liability is an often misunderstood and underappreciated area of law. Georgia is one of 30 states that follow a Dram Shop Liability Law.

What is a “Dram Shop Case”?

A dram shop case is a legal claim focused on the allegation of over-serving alcoholic beverages. A host or bartender may have legal liability if they continue to serve alcoholic beverages to a person who is obviously intoxicated (or close to it) and that person injures a 3rd party.

Georgia's Dram Shop Act

The Georgia General Assembly passed the Georgia Dram Shop Act (O.C.G.A. § 51-1-40) in 1988. This act codified the Georgia Supreme Court’s decision in Sutter v. Hutchins, 254 Ga. 194. In essence, this particular statute eliminates the legal distinction between commercial vendors and individual social hosts. Business and social host liability are dealt with the same in eyes of Georgia's legal system. One notable exception is that Georgia’s Dram Shop Act does not allow a drunk driver to pursue a dram shop or social host claim, but does allow an innocent party injured by that drunk driver to bring a lawsuit against the vendor or social host.

Liquor Liability Insurance is Not Required in Georgia

A bar, liquor store, restaurant or similar business can obtain a liquor license without any requirement of liability insurance. The benefit of liability insurance is important for patrons and employees of the business. If a dram shop case arose, the insurance would pay the cost of defense, any settlement or any adverse judgment. Not only does Georgia not require establishments to have liability insurance, but even businesses that carry liability insurance may have a policy that includes an exemption for dram shop claims. This leaves the injured party at risk of never recovering the damages they are awarded if they win their case and exposes the assets of the business to the liability claim.

Liability is Against the Person Serving the Liquor in Georgia

The provisions of O.C.G.A. § 51-1-40 et seq., the Georgia Dram Shop Act (“Georgia Dram Shop Act”) are narrowly tailored as to the persons who can be held liable and as to the circumstances under which an individual may be held liable in a dram shop case. The Act limits liability to a person who willfully, knowingly and unlawfully sells, furnishes or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle or to a person “who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage.….”

In sum, an individual person may be liable under the Georgia Dram Shop for underage sales that meet the other elements or if these five elements are established: (1) knowingly sells, furnishes or serves alcoholic beverages; (2) to a person who is in a state of noticeable intoxication; (3) knowing that such person will soon be driving a motor vehicle; (4) injuries and damages are caused by or result from the intoxication of such person; and (5) the sale, furnishing or serving is the proximate cause of the injury or damage at issue.

Get an Attorney to Help You Handle a Dram Shop Case in Georgia

The attorneys of York Gaskill handle dram shop matters and have the experience and expertise to help guide you through a dram shop liability case. When we handle your personal injury claim , there are no fees unless you win. Call us at 678.697.6789 or send us a message for a free consultation.

Elements of a Strong Personal Injury Case: Liability, Injury, and Insurance

Tue, 08 Jan 2019 17:10:36 GMT

Clear Liability

How clear is liability?
When it comes to personal injury law, liability is at its core. The issues of causation, responsible parties, and legal liability are crucial elements to every personal injury case. After an accident or injury, sometimes liability is evident, but other times it can be much more complicated. In either case, it is the injured party’s burden of proof to show clear causation and liability. One must prove that his or her injuries were caused by the actions of the defendant.

Damages can only be assessed if liability is established. If you can prove both liability and damages, you are much more likely to receive compensation for your damages.

Evaluation of Damages for Injuries

How are damages determined?
Damages may include medical bills, loss of wages and "pain & suffering." When determining the monetary compensation for damages, the most crucial factor is the severity of the injuries.

Generally, more serious injuries, including catastrophic injuries, loss of limbs, severe burns, long-term hospitalization or loss of life are much more likely to result in monetary compensation for damages than soft tissue injuries.

The injured party can seek compensation for both economic and non-economic harm. Economic damages refer to actual financial losses. These losses may include medical bills, rehabilitation costs, and medication expenses. Non-economic damages refer to intangible harm, including "pain & suffering" and emotional trauma.

Insurance & Ability of the At-Fault Party to Pay

What is the at-fault party’s ability to pay?
The primary factors here are the insurance policy limits and the income and assets of the at-fault driver. The insurance company will not pay more than the maximum limit of liability on the insurance policy.

If your damages exceed the insurance limits, then you would depend on the at-fault party’s ability to pay from their personal income and/or assets or your own uninsured or underinsured motorist coverage. This happens, but rarely.

If your case involves a vehicle accident with an uninsured or underinsured motorist, it can be very difficult to receive just compensation from the responsible party. If the party could not afford proper insurance, then it is very unlikely that they have the financial means to compensate you monetarily. At that point, your best option is to work with your attorney to pursue benefits under your uninsured or underinsured motorist coverage.

You Deserve Compensation for Your Personal Injury Claim

If you are injured by the negligent actions of another party, you deserve to be compensated for your personal injury claim. At York Gaskill, our attorneys will review your case for free. We have vast experience in all types of personal injury cases and there are no fees unless you win. Call us at 678.697.6789 or send us a message for a free consultation.

Happy Holidays from York Gaskill

Tue, 18 Dec 2018 19:57:45 GMT

We hope you have a wonderful holiday!

Happy Holidays from York Gaskill! We hope you and your loved ones have a wonderful holiday. This is such a special time of year, and we are extremely grateful for all of the community support we have received along the way. We enjoy being a part of the local community in Duluth, GA and appreciate the opportunity to serve the legal needs of all of our clients. Have a terrific New Year!

Ridesharing Accidents

Fri, 14 Dec 2018 16:43:42 GMT

Protect Your Rights After An Uber or Lyft Accident

Ridesharing accidents are a big problem in Metro Atlanta. It is crucial that you protect your rights after an Uber or Lyft accident. The popularity of ridesharing is completely understandable. Ridesharing services are very convenient and have grown in popularity accordingly. Some of the benefits of ridesharing include:

Always having a sober driver available
Not having to rely on public transportation
Eliminating the need to pay for parking
Short wait times
Convenient use through smartphone apps
Modern, comfortable cars

Taxis and more traditional transportation have a difficult time competing in many cases. Even with all the perks of ridesharing, with new services there are always kinks to be worked out. As ridesharing evolves, they are still developing and implementing standards. Having appropriate safety standards in place are key to protecting rideshare passengers.

Rideshare Insurance Issues

If you are unfortunate enough to have an accident while using a service like Lyft or Uber, you may be unclear as to who is responsible for your compensation and damages. Georgia enacted House Bill 225 in 2015. That Georgia law mandates that rideshare services carry the following policy insurance minimums that match the amounts used for limousine or taxi services. (See O.C.G.A. Section 40-1-166). These limits are substantially higher than typical individual driver limits. The average passenger is unaware of the law though and may be left in the dark by the rideshare company.

If you are injured as a passenger in a rideshare vehicle, the service’s insurance is one responsible party. This still may result in obstacles for the injured passenger. The insurance company may not want to pay out on your claim. They may deny that their insured rideshare driver was even at fault.

The Primary Causes of Uber and Lyft Accidents

Uber and Lyft accidents usually have the same types of causes as the typical car collision. Common causes of rideshare accidents include:

Distracted or careless driving
Fatigue
Speeding
Road construction
Failure to obey traffic laws
Failure to yield
Failure to keep a safe distance
Defective tires or vehicle

The primary difference with rideshare drivers and the typical driver is the fact that they inherently have many more distractions and may commonly suffer from fatigue. Many Uber & Lyft drivers have full-time employment outside of ridesharing. They may be tired from a long work day or work week. This can significantly impact their ability to drive safely. The driver also has the additional distractions of passenger interactions, monitoring their app and driving unfamiliar routes.

Contact an Atlanta Uber/Lyft Accident Attorney

If you’ve been injured in a ridesharing accident, you may be entitled to compensation for your injuries. It is important that you have a qualified Atlanta rideshare Attorney on your side. Since these claims are complicated in nature, we strongly recommend that you hire the lawyers at York Gaskill, LLC to help. As with any Personal Injury case, there are no fees unless you win. Call us at 678.697.6789 or send us a message for a free consultation.