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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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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