Personal Injury & Wrongful Death

Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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Who Is the Best Personal Injury Lawyer in Duluth, GA, in 2026?

There is no single personal injury lawyer in Duluth, who is best for every case. The right lawyer for a serious injury should have experience with your type of claim, sufficient investigative resources, a history of preparing cases for trial, clear fee terms, and a communication style that makes you feel informed rather than pressured.

Georgia generally provides two years to bring an action for personal injuries, although exceptions can change the applicable deadline. Georgia’s comparative-fault rules may also prevent recovery when an injured person is 50% or more responsible for the claimed harm.

Choosing the best lawyer is therefore not about finding the biggest advertisement or accepting a promise of fast compensation. It means identifying an attorney whose experience, resources, preparation, and communication practices fit the facts and demands of your case.

This decision becomes particularly important after a severe truck crash, possible medical negligence, catastrophic injury, or the preventable death of a family member. These claims may involve substantial losses, complicated evidence, corporate defendants, expert witnesses, and insurers with experienced defense teams.

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Do You Need a Medical Malpractice Lawyer in Atlanta for Nursing Home Neglect?

A Medical Malpractice Lawyer in Atlanta may be able to help when nursing home neglect involves improper medical care that injures a resident. 

However, not every nursing home complaint is classified as medical malpractice.

Some cases involve professional medical decisions, such as medication management, wound treatment, health monitoring, or emergency response. 

Others involve failures in supervision, hygiene, staffing, facility maintenance, or protection from abuse. A case may also include several types of negligence at the same time.

Determining what kind of claim may apply requires examining what happened, who was responsible, and how the conduct harmed the resident. 

A legal assessment can help families understand whether the matter involves medical malpractice, ordinary negligence, abuse, or another legal issue.

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What Happens If an Insurance Company Contacts You After a Wrongful Death in Duluth, GA?

If an insurance company contacts you after a wrongful death in Duluth, GA, the representative may ask about the incident, request a recorded statement, seek access to records, or discuss a possible settlement. 

You are not required to provide detailed answers or accept an offer immediately. The insurer’s role is to investigate the claim and protect its policyholder’s interests. 

Before signing documents, providing a recorded statement, or discussing compensation, consider obtaining legal advice about your family’s rights under Georgia law.

Why Would an Insurance Company Contact the Family?

An insurance company may contact surviving family members shortly after learning about a fatal accident or another incident that could result in a wrongful death claim.

The representative may be investigating:

  • How the death occurred
  • Who may be legally responsible
  • Whether the policy covers the incident
  • The amount of available insurance coverage
  • Whether another person or company shares responsibility
  • The financial value of the potential claim
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Common Allegations of Negligence in Psychiatric Malpractice Claims

Psychiatric care involves highly personal and often complex interactions between patients and healthcare professionals. 

Patients may rely on psychiatrists to evaluate their symptoms, identify mental health conditions, recommend appropriate treatment, prescribe and monitor medications, and respond to signs of a psychiatric emergency. 

Because of the nature of these responsibilities, mistakes or failures in care can sometimes have serious consequences.

When a patient believes that a psychiatrist or another mental health professional failed to provide appropriate care and that the failure caused harm, the circumstances may lead to a psychiatric malpractice claim. 

However, not every unfavorable treatment outcome or unsuccessful diagnosis constitutes malpractice. 

Mental health conditions can be difficult to diagnose and treat, and treatment outcomes can vary from one patient to another.

A malpractice claim generally requires evidence that the provider owed the patient a duty of care, failed to meet the applicable standard of care, and caused legally recognized harm. 

The exact requirements and available claims depend on the facts of the case and the law of the jurisdiction where the claim is brought.

The following are some of the common allegations that may arise in psychiatric malpractice cases.

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Wrongful Death Lawyer in Atlanta for Nursing Home Abuse and Neglect

When a nursing home resident dies, families may wonder whether the death resulted solely from an underlying medical condition or whether abuse or neglect played a role. 

While not every nursing home death gives rise to a legal claim, evidence may show that inadequate care, delayed treatment, medication errors, or other forms of neglect contributed to the resident’s death. 

Understanding how Georgia law addresses nursing home abuse, neglect, and wrongful death claims can help families evaluate their legal options. 

This guide explains the key legal principles, filing requirements, and evidence commonly involved in these cases. 

What Is Nursing Home Abuse and Neglect?

Nursing home abuse and neglect occur when a resident is harmed because of intentional misconduct or a failure to provide proper care. 

Abuse involves deliberate actions that cause physical, emotional, sexual, or financial harm. 

Neglect refers to failing to meet a resident’s essential needs, such as providing adequate food, water, hygiene, medical care, supervision, or assistance with daily activities. Both abuse and neglect can affect a resident’s health, safety, and quality of life. 

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Who Can Sue for Wrongful Death? A Complete Guide for 2026

Losing a loved one because of another person’s negligence, recklessness, or intentional misconduct can leave a family facing both emotional trauma and unexpected financial challenges. 

In these situations, surviving family members may have the right to pursue a wrongful death claim against the party responsible for the loss. 

However, not everyone connected to the deceased is automatically allowed to file a lawsuit. 

State law generally determines who has legal standing, what damages may be recovered, and how long the family has to take action. 

Understanding these rules can help families identify their legal options and protect their rights during an extremely difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when someone’s death results from another party’s negligence, recklessness, wrongful act, or misconduct. 

These cases may involve car accidents, medical malpractice, defective products, workplace incidents, dangerous premises, or nursing home neglect.

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What Defines Medical Malpractice Lawyers Top-Rated in Georgia?

Choosing a medical malpractice lawyer requires more than looking at online ratings, awards, or years of practice. 

Patients and families dealing with a suspected medical error need an attorney who can evaluate complex medical records, understand the applicable legal standards, work with qualified experts, and determine whether negligence caused harm.

The term “top rated” does not represent a specific legal certification or guarantee of success. Instead, it may refer to professional recognition, client feedback, peer reviews, or an attorney’s experience handling similar cases. 

A careful evaluation should focus on the lawyer’s qualifications, approach to investigation, communication, and ability to handle the medical and legal issues involved in a Georgia malpractice claim.

What Does “Top Rated” Mean for a Medical Malpractice Attorney?

“Top rated” is not a formal legal designation or a guarantee of an attorney’s success in a medical malpractice case. 

The term may refer to professional recognition, peer evaluations, client feedback, legal directories, or experience in a specific area of law.

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What should you know about Psychiatric Malpractice and Patient Rights

Mental health patients rely on psychiatrists and other professionals for accurate diagnosis, appropriate treatment, medication management, and ongoing care. 

When a provider fails to meet the accepted standard of care and causes harm, psychiatric malpractice may be involved. 

Understanding patient rights, including the right to appropriate treatment and informed care, can help patients and families recognize potential negligence and determine when to seek legal advice. 

What Is Psychiatric Malpractice?

Psychiatric malpractice is a form of medical negligence involving improper care by a psychiatrist or other mental health professional. 

Responsibilities may include diagnosing conditions, creating treatment plans, prescribing and monitoring medications, and assessing patient risks. 

A malpractice claim generally requires showing that the provider failed to meet the accepted standard of care and that this negligence caused or contributed to the patient’s harm. 

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Georgia Delivery Truck Injury Lawyer for Accident Compensation Claims

Delivery vehicles are a regular presence on Georgia roads. Package trucks and commercial vans travel through Atlanta neighborhoods, apartment communities, shopping centers, office developments, loading areas, and major highways every day. 

Their frequent stops and close interaction with pedestrians, cyclists, parked vehicles, and local traffic can create complicated situations when a collision occurs.

A crash involving a package delivery vehicle may look similar to an ordinary car wreck at first. 

However, the legal investigation can become more complex because the driver may work for a national delivery company, a local logistics provider, a staffing agency, or an independent contractor. 

The vehicle may also be owned, leased, or maintained by another business.

A Georgia delivery truck injury lawyer examines these relationships to determine who controlled the driver, who owned the vehicle, which insurance policies may apply, and whether a preventable failure contributed to the collision. 

The availability of financial recovery depends on the evidence, the nature of the injuries, the applicable law, and the conduct of each person or business involved.

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How an Experienced Wrongful Death Lawyer Handles Drowning Cases

The loss of a loved one in a drowning can leave a family with difficult questions about what occurred and whether someone could have prevented the incident. 

A swimming pool, lake, dock, boat, or other water setting may appear safe, yet failures involving supervision, maintenance, access control, or emergency response can create serious risks.

An experienced wrongful death lawyer near me in Duluth can examine the circumstances surrounding a fatal drowning and help determine whether another person, property owner, company, or organization may be legally responsible. 

This process requires more than identifying a dangerous condition. The evidence must connect the actions or inaction of a responsible party to the death.

Each drowning case presents different legal and factual issues. A child may enter an unsecured residential pool, a hotel guest may experience distress in an inadequately monitored swimming area, or a boating passenger may be placed at risk by careless operation. 

An attorney must study the setting, the people involved, the available records, and the duties that applied at the time.

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