Personal Injury & Wrongful Death

Wrongful Death Damages in Georgia

Among all the 50 states Georgia law is unique because it measures damages in a wrongful death case from the viewpoint of what the deceased lost, not what his or her survivors lost. Under Georgia law, the measure of damages in a wrongful death case is “the full value of the life of the decedent.” See O.C.G.A. §§ 51-4-1(1) and 51-4-4.
The full value of the life of the decedent under Georgia law has two components. First, the economic value of the deceased’s normal
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Tort Claims Against Local Government Employees

Here in Georgia, due to the doctrine of Sovereign Immunity, as we have posted before, it is very difficult to sue a local government employee. If a government employee commits a tort against an innocent third party and that person wishes to file a claim against the government employee, the government employee cannot be sued in his or her official capacity unless the employer of the government employee has waived its sovereign immunity. This is because any claim against the employee in his or her
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Overcoming Sovereign Immunity Defenses of Counties in Georgia

This past week we spoke at a State Bar seminar on the doctrine of Sovereign Immunity in Georgia. In Georgia, there are limited statutory waivers of sovereign immunity by state and local governments. One of the most frustrating areas is that of county immunity. Essentially, the only statutory waiver of county immunity is that which provides for liability for county vehicles. If a county agent or employee is operating a covered vehicle, there is a mandatory minimum waiver of $500,000.00 per accident/$700,000.00 per occurrence. If
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Innocent Pedestrian Killed During High Speed Police Pursuit

On February 5, 2012, a thirty-one year old woman was killed in a residential neighborhood as police officers were pursuing shoplifting suspects. The news accounts do not provide a great deal of information about what the suspects allegedly stole but tragically, again, the question arises in the context of these dangerous pursuits, is it worth risking a human life to apprehend a fleeing shoplifter? Could not other law enforcement techniques have been utilized to apprehend the suspects later, under much safer circumstances? Here, rather
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Motorcycle Accidents And The Need For Uninsured Motorist Coverage

In those situations where motorcyclists are involved in automobile collisions, as might be imagined, the injuries sustained can be rather serious. There is no protection other than the helmet for the motorcycle rider. If a motorist fails to yield right-of-way to an oncoming motorcyclist and fails to yield, the results tragically can be either death or very serious injury. What compounds the tragedy is the case where the at fault motorist has either minimum limits of insurance or no insurance at all. In such
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The Aftermath Of Tort Reform: Dealing With The Apportionment Statute

In 2005, the Georgia Legislature passed what is known as the Tort Reform Act of 2005. One of the statutes enacted is O.C.G.A. § 51-12-33(c). This provision of the law states that in assessing percentages of fault in any tort action, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was or could have been named as a party to the suit. Thus, in any tort
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Tort Claims Against State County And Municipal Governments

Any one who is injured by the acts or omissions of a government agency or employee should understand that there are some hidden traps that could defeat their claims if the law is not followed, in some cases, scrupulously followed. Here we refer to the ante-litem notice provisions required under Georgia law in order to perfect a claim against a government officer or entity. In certain circumstances, if a timely ante-litem notice is not filed, either with a city, county or state government, the
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The Impact Of Divorce On Wrongful Death Actions

A divorce is traumatic in and of itself but becomes particularly tragic when either during the divorce or after its conclusion the wrongful death of a child occurs. In such circumstances, the wrongful death claim belongs to the parents jointly. Either one, therefore, has the right to bring the wrongful death claim but if one proceeds unilaterally in doing so, they do so in a fiduciary capacity, meaning that if they ever recover anything, they must hold the monies in trust until such time
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The Impact of Pre-Existing Injuries On Personal Injury Case Evaluation

It is not uncommon in our practice to be asked to represent clients in automobile cases who have pre-existing conditions. The closer in time to an accident the pre-existing condition is, the more difficult it is to separate the proverbial “wheat from the chaff” and to prove that the client’s problems arising out of the current accident were either caused by that accident and/or were aggravated by it. While it is not necessary, as a matter of law, to prove that the new injury
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The Impact Of Contributory Negligence On A Personal Injury Claim

As lawyers we are often consulted by prospective clients inquiring about whether they “have a case.” Sometimes they do and sometimes they do not. Oftentimes those who do not have cases are themselves guilty of contributory negligence. In Georgia, this is a very difficult problem to overcome because typically juries are not as likely to award damages to someone who substantially contributed to their own injuries due to their own negligence.
A classic case of contributory negligence is where a motorist is approaching an intersection
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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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