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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Tractor-Trailer Accident Injury Claims Lawyer: Your Advocate After a Devastating Crash

When a tractor-trailer collides with a smaller vehicle, the results are often catastrophic.

Victims may face severe injuries, emotional trauma, and staggering financial losses.

During such an overwhelming time, one crucial decision can shape your path to recovery — hiring an experienced Tractor-Trailer Accident Injury Claims Lawyer.

These legal professionals specialize in handling complex truck accident cases and ensuring victims receive fair compensation for their pain, suffering, and losses.

If you’ve ever wondered what makes tractor-trailer accidents so complex or why you need a skilled
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Tanker Truck Accident Lawyer in Atlanta: Fighting for Victims of Dangerous Cargo Crashes

When a tanker truck crashes, the consequences are rarely minor.

These massive vehicles often carry hazardous materials—chemicals, fuel, or toxic cargo—that can explode, spill, or ignite in an instant.

In the chaos that follows, innocent drivers and passengers can suffer devastating injuries, property loss, or even death.

If you or a loved one has been affected by such a tragedy, you need more than sympathy—you need an experienced Truck Accident Lawyer who
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How to File a Claim After a Delivery Truck Crash in Georgia

Delivery trucks are a common sight on Georgia’s highways and city streets — from major carriers like FedEx and UPS to smaller local delivery services.

With the rapid rise in online shopping, the number of delivery trucks on the road has surged, and so have the accidents involving them.

These crashes can lead to serious injuries, vehicle damage, and financial loss.

If you’ve been involved in a delivery truck accident, understanding how to file
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Why Families Trust Finch McCranie LLP: The Best Wrongful Death Law Firm in Atlanta

Losing a loved one unexpectedly is one of life’s most devastating experiences. 

When that loss occurs because of another person’s negligence or wrongdoing, the pain is intensified by the need for justice. 

Families facing such tragedy often turn to a Wrongful Death Lawyer in Atlanta to help them seek accountability and compensation. 

Among the most trusted names in Georgia, Finch McCranie LLP stands out as a firm that
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What Are the Most Common Causes of Wrongful Death in Georgia?

Losing a loved one unexpectedly is one of life’s most painful experiences—especially when their death results from someone else’s negligence.

In Georgia, wrongful death refers to a situation where a person’s careless, reckless, or intentional actions lead to another person’s death.

Families in such circumstances not only face immense emotional pain but also significant financial hardships.

This is where seeking legal guidance from an experienced Wrongful Death Lawyer in Georgia becomes
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Wrongful Death vs. Medical Malpractice: What’s the Difference?

When a loved one passes away unexpectedly, the grief can be overwhelming—especially if the loss was preventable.

Many families struggle to understand whether the cause of death falls under medical malpractice or a wrongful death claim.

While the two legal concepts often overlap, they have distinct differences in definition, proof, and purpose.

Understanding these differences is essential when deciding what kind of legal action to pursue.

Whether you are seeking justice for medical negligence or filing a claim after an
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Can Medical Malpractice Be Considered a Wrongful Death in Atlanta?

When a loved one dies, families often look for someone to hold accountable. 

In Atlanta — and more broadly, in Georgia — the notion of “wrongful death” provides a legal pathway to seek compensation for preventable deaths. 

But can medical malpractice fall under the umbrella of wrongful death? 

The short answer is: yes — under certain circumstances. 

However, the answer is layered, involving Georgia’s wrongful death statute,
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Why You Need a Wrongful Death Lawyer in Duluth After a Fatal Accident

Losing a loved one in a tragic accident is a devastating blow—made even more painful when that death was due to someone else’s negligence or misconduct. 

In the aftermath, families often face legal, financial, and emotional hurdles all at once. 

That’s why hiring an experienced Duluth Wrongful Death Lawyer is not just advisable — it’s essential.

At Finch McCranie LLP, we understand how overwhelming this time can be.
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How Do Duluth Truck Accident Lawyers Handle Medical Bills?

When you suffer injuries in a truck collision, mounting medical bills are often one of the most immediate and stressful consequences. 

Knowing how Duluth Truck Accident Lawyers manage these medical expenses on your behalf can give you clarity, relieve some of your burden, and allow you to focus on recovery. 

In this guide, we walk through the key strategies, legal mechanisms, and services that a strong Truck Accident Lawyer near me(more…)

What If a Truck Driver Fell Asleep? Can an Atlanta Lawyer Help?

Drowsy driving is one of the most dangerous—and most overlooked—causes of serious truck crashes in the United States. 

Every year, hundreds of people are injured or killed when a truck driver falls asleep at the wheel. 

These accidents often happen without warning, leaving victims with life-changing injuries and emotional trauma.

When something like this happens, one question always arises: Can a lawyer really help?
The short
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