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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Why Personal Injury Settlements in Duluth Differ So Much Between Families

When two families experience similar accidents in Duluth — perhaps both involving a car collision or a tragic loss — it can be shocking to see how personal injury settlements differ dramatically. 

One family may receive what seems like full justice, while another struggles to cover even basic expenses.

At Finch McCranie LLP, we’ve spent decades helping families understand exactly why this happens. Settlement differences aren’t random. 

They’re based
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What If You Feel Fine After an Accident? Duluth Personal Injury Lawyers Warn What Comes Next

You step out of your car after an accident. Your hands are shaking, your heart’s racing—but strangely, you feel fine. 

No pain. No dizziness. No bleeding. You might even think, “I guess I got lucky.”

But according to leading Duluth Personal Injury Lawyers, that momentary calm can be deceiving. 

The body’s natural response to trauma often masks symptoms of serious injury. 

Adrenaline floods the system,
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Can Siblings File a Wrongful Death Claim in Atlanta? What Duluth Families Should Know

When a loved one dies because of another party’s negligence or wrongful conduct, the family may face difficult questions about who has the legal authority to take action.

For siblings in Duluth and Metro Atlanta, one question often arises: Can a brother or sister file a wrongful death claim in Atlanta?

Georgia law limits who may bring a claim, so a sibling’s eligibility depends on the surviving family members and whether the sibling has authority to represent the deceased person’s estate.

Who Can File a Wrongful Death Claim in Georgia?

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Can a Duluth Wrongful Death Attorney Help if There’s No Police Report?

Losing someone you love is one of the hardest experiences a family can endure. 

When that loss happens because of another person’s negligence — a careless driver, a reckless company, or even a medical mistake — it becomes not just painful, but deeply unjust. 

Families want answers. 

They want accountability. 

And they often wonder: 

Can we still take legal action if there’s no
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Truck Accident Lawyer for Spine and Brain Injury Cases in Atlanta

Truck accidents are among the most dangerous types of crashes on the road.

When a semi-truck or 18-wheeler collides with a smaller vehicle, the impact can be devastating — often leading to serious or permanent injuries.

Two of the most life-changing outcomes after a truck crash are spinal cord injuries and traumatic brain injuries (TBIs).

These are not just medical emergencies — they are events that can change a person’s entire future.

If you or a loved one has suffered one of these
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How to Get Medical Help After a Truck Accident with No Insurance in Atlanta

A truck accident can turn your whole life upside down in just a few seconds.

You’re hurt, scared, and worried about what to do next.

But for many people, the biggest question isn’t just about recovery — it’s how to get medical help if you don’t have health insurance.

If you’ve been injured in a truck crash in Atlanta, Georgia, don’t panic.

You still have options. In fact, there are several ways to get the medical care you need and protect your right to compensation
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What Makes Truck Accident Lawsuits Different from Car Accidents in Atlanta?

Not all vehicle accidents are the same.

If you’ve ever seen the aftermath of a truck crash on I-75, I-285, or I-85 in Atlanta, you already know — a semi-truck accident can destroy multiple vehicles in seconds.

But beyond the physical damage, these cases are legally very different from car accidents.

When you’re hit by a commercial truck, the process for getting justice and compensation is far more complex.

That’s why working with an experienced truck accident lawyer in Atlanta can make all the
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What Happens If a Truck Accident Involves a Hazardous Material Spill in Atlanta?

Truck accidents are always serious, but when the truck is carrying hazardous materials, the danger multiplies instantly.

Fires, explosions, and toxic leaks can threaten entire neighborhoods — not just the people involved in the crash.

For victims, this type of accident is terrifying and confusing.

You may be wondering: Who’s responsible for the cleanup, who pays for the damage, and what happens to those injured or exposed?

If you’ve been affected by a hazmat or chemical truck accident in Atlanta, here’s what you need to
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Is a Georgia 18-Wheeler Accident Law Firm Worth Hiring After a Crash?

If you’ve been involved in a crash with an 18-wheeler or commercial truck, your life can change in seconds.

These massive vehicles often weigh up to 80,000 pounds — and when they collide with a passenger car, the results are almost always devastating.

In the aftermath, victims are left with hospital bills, lost wages, and endless phone calls from insurance companies.

So, it’s natural to wonder: Do I really need to hire a Georgia 18-wheeler accident law firm, or can I handle this on my
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18-Wheeler Wreck Lawsuits Explained by Atlanta Truck Accident Attorneys

When an 18-wheeler collides with a smaller vehicle, the aftermath can be devastating.

The massive size and weight of these trucks make accidents catastrophic, often leaving victims with severe injuries, emotional trauma, and financial hardship.

Understanding how to navigate the complex process of an 18-wheeler wreck lawsuit is crucial — and that’s where the guidance of an experienced Truck Accident Lawyer becomes indispensable.

In this article, Atlanta’s top truck accident attorneys explain everything you need to know about 18-wheeler wreck lawsuits — from causes
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