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Areas of Practice

  • Personal Injury

  • Our personal injury attorneys have handled cases ranging from slip and falls and auto accidents to severe burn victims and wrongful death. Personal injury law is a way of compensating victims of injuries, when another person or organization's negligence causes such injuries. There is often insurance coverage for injuries and our attorneys deal with insurance companies in this manner on a daily basis. If you have been injured by the negligence of another individual or an organization, call our personal injury attorneys today for a free initial consultation. It is important to speak with an attorney right away as there are time limitations on filing claims and an early investigation is essential.

  • Medical Malpractice

  • Medical malpractice law is complex and constantly changing. Restrictions on filing claims and the aggressive defense of medical providers and their insurance carriers have compounded the complexity. In order to be successful in a medical malpractice claim, our medical malpractice attorneys must establish that an act or omission was committed by a health care provider, that the treatment did not meet the accepted standard of care, and that there was injury or death caused to the patient because of this act or omission. It is important to understand that just because an unfavorable outcome occurred in the medical setting, does not guarantee this situation rises to the level of medical malpractice. Our medical malpractice attorneys will meet with you during our free initial consultation and determine whether your case rises to that level. We will have your records and facts reviewed by an attorney who is also a medical doctor. Most importantly, we will give you all the facts and law and let you make the decision to proceed if we believe there is a case.

  • Tax Law

  • ". . .in this world nothing can be said to be certain, except death and taxes."

    - Benjamin Franklin, 1789

    Two centuries later federal, state, and local taxes remain an amorphous, ever-changing area of concern to all, individuals and businesses. Taxes have become an ever present part of our daily lives. There are taxes on income, sales, use, estates, gifts, trades, and businesses. Even tax-exempt organizations are scrutinized under tax law to determine if they can remain their tax-exempt status.
    The Internal Revenue Code is a vast expanse of taxes and exceptions. A tax attorney can frequently guide a taxpayer to exceptions within the Code which can be legally utilized to reduce tax liabilities. In an economy where many individuals and businesses are struggling, an increase in income or revenues, due to a reduction in tax liabilities, may go a long way. Planning to save on tax liabilities is unique to each individual and business. However, a brief list of times when tax planning should be considered to ensure compliance and possibly reduce tax liability, include:
          1) When a business is organizing or reorganizing;
          2) When an individual is purchasing a business;
          3) When an individual is selling an interest in a business;
          4) When a business is dissolving or merging;
          5) Prior to a transfers of property;
          6) Prior to distributions from a partnership or limited liability corporation; and,
          7) When seeking to pass on assets to future generations.

    Tax attorneys are also here to help in times of trouble. Being audited and/or penalized by the IRS or other department of revenue can be a terrifying time. A tax attorney can help you navigate the road to defending against an audit, negotiating settlement, defending a tax position, or appealing an adverse ruling.

  • Business Law

  • As a business owner you have many concerns, a business law attorney can provide insight into the legal consequences of actions and help you to implement your plans and ideas. A business law attorney can ensure compliance with laws and regulations, plan to reduce tax liabilities, draft and review contracts, and help resolve business disputes. Legal decisions and compliance issues begin at the inception of a business and continue through the dissolution of a business. A business law attorney can guide you every step of the way.

    At the inception there are numerous choices to be made by the business owner. A business owner must decide how the business will operate (e.g. as a corporation, partnership, LLC, etc.), where the business will be organized, what accounting method will be used, and what tax incentives and elections will be pursued. A business law attorney can help you to make the most profitable decisions, draft the appropriate documents, and ensure you are in compliance with federal, state, and local laws.

    As a business grows business disputes may arise, it may become beneficial to change business form, you may be audited, or you may be sued. A business law attorney who understands your goals and situation will help guide you through these situations.

    Finally, as a business matures an owner may seek to pass the business on to a successor, sell the business, merge the business, or dissolve the business. These situations may involve contractual issues and will certainly have tax consequences. A business law attorney may be able to reduce tax liabilities with appropriate planning. Further, a business law attorney can provide careful drafting which will ensure the transaction occurs according to the owner's desire.

  • Constitutional Law

  • Constitutional law is the interpretation and implementation of the United States Constitution. The United States Constitution and the case law from the United States Supreme Court are the control law when dealing with the four types of relationships: 1.) The relationship between states, 2.) The relationship between the states and the federal government, 3.) The relationship and operation of the three branches of government, and 4.) The rights and freedoms of individuals in relation to the state and federal government. Our constitutional law attorneys focus a vast amount of time on the fourth category by helping to protect and ensure the religious liberties of the 1st amendment of individuals and organizations. Our attorneys have litigated cases in state and federal court and have appeared before 15 different state supreme courts.

    Our law firm works closely with churches nationally and internationally to ensure that the churches and their members' liberties are protected and that the churches are able to operate. Our attorneys work with church proactively to prevent liability or lawsuits. We also work with churches that are being sued to ensure that their important ministry will continue.

  • Civil Litigation

  • Civil litigation involves disputes between individuals or organizations. This is usually in contract to criminal law, which involves individuals and the state. These disputes can involve tort claims (personal injury), contract disputes, contested estates, commercial law and other forms of disagreement or disputes between individuals, between organizations, or between individuals and an organization. In contract to criminal law, in civil litigation the victim is usually compensated if they prevail. This compensation can be in the form of financial compensation, enforcement of a contract or relief from a contract, or some other form of compensation requested by the prevailing party. Call our litigation team today to discuss your dispute.

  • Estate Planning

  • Estate Planning is the process by which an individual ensures his or her wishes will be fulfilled should the individual die or become incapacitated. A comprehensive Estate Plan will provide loved ones comfort in knowing the wishes of an incapacitated or deceased individual have been honored. Estate Plans vary widely and should in every situation be tailored to the individual's needs and wishes. While Estate Plans may be categorized in several different ways, the two main reasons individuals create Estate Plans are to plan for incapacity and to plan for death.

    Planning for incapacity affords an individual the ability to ensure his or her desires are honored should the individual become incapacitated. For example, a person in a coma cannot make decisions about their health care nor can they make financial decisions. A Power of Attorney for Health Care allows an individual to control these situations with proper planning. Using these devices, an individual can decide who will make health care decisions for the individual as long as the individual remains incapacitated. Further, an individual can decide who will order the financial affairs of the person while incapacitated. Planning for incapacity will not only provide peace of mind for the individual planning for such a contingency, it will provide loved ones comfort in knowing the wishes of their family member or friend are being honored.

    Planning for death ensures an individual's wishes are honored upon death. Planning allows the individual to decide who will act as guardians for children, administrators for wills, and trustees for trusts. The Estate Plan permits individuals to take care of loved ones and to decide how possessions will be distributed upon death. An Estate Plan provides opportunity to reduce the amount of estate taxes which will be paid upon the death of an individual. Planning may also eliminate the need for probate court and, thus, reduce estate expenditures on attorneys and legal proceedings.

    Restated simply, an effective Estate Plan will ensure an individual's wishes are honored and needs met. An Estate Planning Attorney can help you consider appropriate factors in developing your Estate Plan, point out possible shortcomings in your Estate Plan, and draft the documents which will appropriately implement your Estate Plan.

Disclaimer: The information contained in this website is intended to provide information about the firm, its lawyers, and legal considerations. This website is intended to be informational in nature and not advertising. Information contained within this website does not constitute legal advice. No attorney-client relationship is created by visiting this website, and you should not act or rely on any information on this site without first seeking the advice of an attorney. The act of sending an e-mail to an attorney does not create an attorney-client relationship. If you are not currently a client of Gibbs & Associates Law Firm, your e-mail will not be privileged and may be disclosed to other persons.