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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How Brain Injuries Impact Your Life and How to Recover with Medical Malpractice 

Brain injuries and medical malpractice often go hand-in-hand, resulting in devastating consequences for the victim’s health, livelihood, and overall quality of life. 

These injuries can range from mild concussions to severe traumatic brain injuries (TBI), and the effects can be lifelong.

If a brain injury occurs due to medical negligence, victims not only face physical and emotional challenges but also the burden of managing the legal and financial consequences.

In this blog, we will explore
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Spinal Cord Injury Happen After a Truck Accident? Why Legal Guidance Is Important 

Spinal cord injury after a truck accident can be devastating, leading to permanent disability, chronic pain, and a significant impact on your quality of life. 

If you or a loved one has suffered a spinal cord injury from a truck accident, it’s crucial to understand your legal options. 

Seeking legal guidance from an experienced truck accident lawyer can help you navigate the complex legal process and pursue the compensation you deserve.

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Cataract Surgery Complications: Seek Help from Medical Malpractice Lawyer 

Cataract surgery is one of the most commonly performed procedures worldwide, offering a high success rate and improved vision for many patients.

However, like any surgery, cataract surgery can come with its own set of complications. When these complications occur due to errors or negligence by the surgical team, it can lead to a case of cataract surgery malpractice.

If you or a loved one has experienced complications following cataract surgery, seeking the help of a medical malpractice lawyer
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10 ways to Prove a Breach of Duty in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, proving a breach of duty is a crucial element in establishing negligence. 

Without clear evidence that a healthcare provider failed to meet the expected standard of care, the case cannot succeed. 

This article outlines effective ways medical malpractice lawyers prove a breach of duty, helping victims of medical negligence seek justice.

The Standard of Care in Medical Malpractice Cases

The first step in proving a breach
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10 ways medical malpractice lawyer can win your case

When you or a loved one suffers due to the negligence of a healthcare provider, the journey to justice can seem overwhelming. 

That’s where a skilled medical malpractice lawyer steps in. Beyond handling the legal paperwork, your lawyer is an advocate who will fight tirelessly to hold negligent providers accountable. 

A lawyer for medical malpractice can help you navigate complex medical laws, build a case, and ultimately win the compensation you deserve. 

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Pediatric Medical Malpractice Claims in Duluth: What Parents Should Know

Pediatric medical malpractice claims in Duluth arise when healthcare providers fail to meet accepted standards of care while treating infants, children, or adolescents. 

Unlike adult malpractice cases, pediatric claims involve unique legal rules, long-term medical consequences, and emotional challenges for families.

Parents must understand how negligence is identified, what legal protections exist for children, and how Georgia law treats malpractice claims involving minors.

What Is Pediatric Medical Malpractice?

Pediatric medical malpractice occurs when
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Medical Malpractice Claims After Hair Restoration Surgery in Atlanta 

Hair transplant malpractice in Atlanta can occur when patients are harmed due to negligent medical care during hair restoration procedures that are often promoted as safe and routine. 

Many individuals pursue hair transplant surgery for cosmetic or confidence-related reasons, but these procedures still involve surgical risks that require proper training, sterile environments, and qualified medical oversight. 

When providers fail to meet accepted standards of care, patients may be left with permanent injuries, scarring, or disfigurement
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Time Limits for Injury and Wrongful Death Claims: What You Need to Know

Time limits for injury and wrongful death claims determine whether an injured person or surviving family members can legally pursue compensation after an accident, medical error, or fatal incident. 

These deadlines, known as statutes of limitations, are strictly enforced. 

Even when liability is clear, missing a filing deadline can permanently bar a claim. 

Understanding how these time limits work, when exceptions apply, and how negligence is evaluated is essential to protecting
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8 Warning Signs of Negligence in Drug Rehabilitation Facilities: What Families Should Look For

Negligence in drug rehabilitation facilities is a serious concern that can place vulnerable patients at risk during one of the most critical periods of their lives. 

Families trust rehab centers to provide safe environments, proper medical care, and structured support for individuals battling substance use disorders. 

When that trust is broken through neglect or substandard care, the consequences can be severe and sometimes fatal.

Drug rehabilitation patients often require medical supervision, mental health
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Weather-Related Truck Accidents and Injury Severity: How a Truck Accident Attorney Can Help

Weather-related truck accidents pose a serious threat to motorists because adverse conditions magnify the inherent dangers of large commercial vehicles. 

Rain, fog, snow, ice, and high winds reduce visibility, limit traction, and increase stopping distances, all while tractor-trailers continue to operate under tight delivery schedules. 

When a crash occurs under these conditions, the resulting injuries are often far more severe than those seen in standard vehicle accidents.

While weather may be a contributing
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