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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Rollover Truck Accident Lawyer: Legal Help After Severe Crashes

Rollover truck accidents are some of the most dangerous and catastrophic crashes that can occur on the road. 

When a truck rolls over, it often results in severe injuries or even fatalities. 

Due to the immense size and weight of commercial trucks, a rollover accident can cause significant damage to both the vehicle and the surrounding infrastructure. 

If you’ve been involved in a rollover truck accident, it’s important to understand your
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Emergency Truck Accident Lawyer: What to Do in the First 24 Hours

Truck accidents can be catastrophic events, often involving severe damage, injuries, or even fatalities. 

With their size, weight, and speed, commercial trucks are much more dangerous than passenger vehicles in the event of a collision. 

If you or a loved one has been involved in a truck accident, every second matters—especially in the first 24 hours following the crash. 

During this critical period, the actions you take can significantly affect your
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How Can a Truck Accident Lawyer Help You: Crash, Insurance Claim, Compensation, and Complex Laws

A truck accident can turn your world upside down in an instant. One moment you’re driving down the highway, and the next you’re facing injuries, medical bills, and endless questions about what to do next. Unlike a regular car accident, truck accidents often involve multiple parties, complicated insurance policies, and strict federal regulations that can make the process feel overwhelming.

This is where a truck accident lawyer steps in. They are more than just legal representatives —
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Truck Accident Claim Lawyer Questions You Should Ask Before Hiring

A truck accident can change your life in an instant. One moment you’re driving along, the next you’re dealing with injuries, medical bills, insurance calls, and the stress of figuring out how to get your life back on track. If you’ve been in this situation, finding the truck accident claim lawyer could be the most important decision you make.

Why? Because truck accident claims are not only high stakes, they’re complex. You’re not just dealing with a simple
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Tractor-Trailer Crash in Georgia? Here’s What a Lawyer Can Do for You

If you or a loved one has been involved in a Tractor-Trailer Crash in Georgia, you know how life-changing these accidents can be. One moment, you’re driving down the highway — the next, you’re dealing with medical emergencies, insurance companies, and a totaled vehicle. It’s overwhelming. And if the accident wasn’t your fault, you’re likely asking: “Who’s going to pay for all this?”

That’s where an experienced truck accident attorney steps in. From untangling complex laws to
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Wrongful Death, Truck Accidents, or Medical Malpractice? Here’s How to Find the Right Lawyer in Atlanta

When life takes a tragic turn — a loved one lost in a preventable accident, a catastrophic truck crash, or a medical error that leaves lasting harm — you don’t just need a lawyer. 

You need the right lawyer. 

Someone with the experience, reputation, and results to fight for your justice. 

In Atlanta, legal representation can make or break your case. 

The question
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Semi-Truck Injury Lawyer Near Me: How to Choose After a Crash

When you’re hit by a semi-truck, your world doesn’t just shake—it shatters. 

In a moment, you’re injured, overwhelmed, and staring down a legal process that feels impossible to navigate. 

That’s why finding the right Semi-Truck Injury Lawyer Near Me is one of the most critical steps you can take to protect your health, finances, and future.

But how do you choose the right attorney after a crash?

This
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Best Medical Malpractice Lawyer in Atlanta for Wrongful Death and Serious Injury

When you or someone you love suffers due to medical negligence, the pain isn’t just physical—it’s emotional, financial, and lifelong. 

Especially in cases involving wrongful death or serious injury, the path to justice requires more than just legal knowledge. 

It demands compassion, experience, and a fierce commitment to holding negligent medical providers accountable.

In this guide, we explore what makes a Medical Malpractice Lawyer in Atlanta
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Affordable Wrongful Death Lawyer in Atlanta for Semi-Truck and 18-Wheeler Crashes

When a loved one’s life is tragically cut short in a semi-truck or 18-wheeler accident, families face unimaginable pain and confusion. 

These accidents often result in devastating consequences, both emotionally and financially. 

If you’re searching for an affordable wrongful death lawyer in Atlanta, you need a law firm that understands both the legal complexities of trucking cases and the deep emotional toll they take on families.

Finch McCranie LLP has decades
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Medical Malpractice Attorney vs. Defense Lawyer: What’s the Difference?

When people hear the term “lawyer,” they often think it means the same thing no matter the situation. 

But in the legal world, especially in complex cases like medical malpractice, there are very clear and important differences. 

Specifically, the role of a medical malpractice attorney is quite different from that of a Defense Lawyer

If you’re navigating a medical injury, understanding the difference could determine whether or
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