Personal Injury & Wrongful Death

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
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Georgia Wrongful Death Lawyer: Why Families Need Legal Help After Intentional Violence

Intentional violence can take the life of a person, and it should never be ignored. 

It is one of those unexpected situations that leaves families helpless and creates uncertainty about what to do after losing a loved one. 

After having a calamitous experience of wrongful death, families get blank and feel challenged at the time of immediate action. 

A Georgia wrongful death lawyer at  Finch McCranie LLP
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Cosmetic Surgery Complications: When You Need a Cosmetic Surgery Malpractice Attorney

Many people get cosmetic surgery to improve their appearance, correct imperfections, and boost their confidence, but most procedures go smoothly, some patients experience severe complications that go far beyond an unsatisfactory result. 

When cosmetic surgery leads to preventable injury, disfigurement, or long-term medical problems, it may be more than a bad outcome and require medical malpractice attorney

This guide explains when complications become malpractice, warning signs you should never ignore, and how a cosmetic surgery malpractice
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Is it Possible to Claim an Injury During Holidays?

The holiday season is assumed to be a leisure day for all, including residents and office workers. 

However, hiring a personal injury attorney in Atlanta becomes necessary after a serious truck accident that can turn your life into a nightmare

Whether it is medical malpractice, felony murder, wrongful death, highway accidents, a fall from a high-storey building, or any other unexpected situation, accident lawyers have specially acquired
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Top 10 Questions to Ask During the Hiring Process of a Truck Accident Lawyer

Questions to ask a truck accident lawyer during the hiring process are crucial for ensuring that you hire the right attorney for your case. 

Asking the right questions helps you gauge their experience, approach, and communication style, making sure your expectations align. 

This guide covers the essential questions to ask during your first meeting with a truck accident lawyer to help you make an informed decision and get the best possible representation

Why
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How Do Medical Malpractice Lawyers in My Area Investigate Hospitals or Clinics?

Medical malpractice can be a devastating experience, leaving patients and families with physical, emotional, and financial burdens.

When a medical error occurs, understanding whether it constitutes malpractice and determining the responsible parties requires careful investigation.

Medical malpractice lawyers play a critical role in this process, leveraging their expertise to scrutinize hospitals, clinics, and healthcare providers to build a strong case.

If you are searching for medical malpractice lawyers in
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What Can a Local Wrongful Death Lawyer Do Right Now for My Family?

Losing a loved one is one of the most devastating experiences a family can endure.

When that loss occurs due to someone else’s negligence, recklessness, or intentional actions, the grief is often compounded by feelings of anger, confusion, and financial stress.

During such a time, knowing where to turn for help can make a critical difference.

A local wrongful death lawyer can provide immediate, practical support, helping families navigate
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Can a Lawyer Still Help if the Medical Mistake Happened a Year Ago?

Medical malpractice is a serious issue that affects thousands of patients every year.

Unfortunately, medical errors can have lasting consequences, both physically and financially.

Many victims wonder if they can still take legal action when the mistake happened months—or even years—ago.

The short answer is yes, but there are important factors to consider.

Understanding how medical malpractice claims work, the role of an attorney, and the
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Why Do Lawyers Get Better Compensation Results Than Handling It Alone?

When someone suffers harm because of a doctor’s mistake, a hospital oversight, or a preventable medical error, the aftermath can feel overwhelming.

Medical malpractice cases are known for being complex, evidence-heavy, and aggressively defended by insurance companies.

Many victims wonder whether they should hire an attorney or try handling the case themselves to save money or speed up the process.

But the truth is clear: lawyers consistently secure better compensation outcomes
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How Can an Attorney Guide Me Through the First 48 Hours?

When a medical procedure goes wrong or a healthcare provider fails to deliver the standard of care you deserved, the first 48 hours after the event are some of the most overwhelming moments a person can experience.

You may be in pain, confused about what happened, and unsure how to protect your rights.

This is where the calm, strategic guidance of an experienced medical malpractice attorney becomes essential.

Their
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What Does a Lawyer Do to Preserve Evidence Right After an Accident or Death?

When a truck accident occurs, the aftermath can feel chaotic, overwhelming, and confusing—especially when injuries or a tragic loss of life are involved.

The actions taken in the first hours and days after the crash can shape the entire legal outcome.

This is why preserving evidence becomes the top priority.

Victims and families often have immediate concerns such as medical care, funeral costs, lost income, or even applying for financial support like a Truck
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