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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Medical Malpractice Legal Tips for Patients Over 65

As we age, our relationship with the healthcare system often becomes more complex—and more frequent. 

Whether it’s managing chronic conditions, undergoing surgeries, or simply attending more regular checkups, seniors are in closer contact with doctors, hospitals, and healthcare providers than most other age groups. 

While this level of care is necessary, it also increases the risk of something going wrong.

If you’re over 65 and concerned about medical errors, misdiagnosis, or poor care,
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Best Medical Malpractice Lawyers in Atlanta: 2025 Guide

Medical care is a fundamental part of our lives, and when it goes wrong, the consequences can be devastating. Whether it’s a misdiagnosis, surgical error, medication mistake, or delayed treatment, medical negligence can cause serious harm or even death. If you or a loved one has suffered due to medical malpractice, it’s crucial to understand your rights and know where to turn for trusted legal help.

This 2025 guide aims to provide valuable information on what medical malpractice is, why hiring
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Affordable Wrongful Death Lawyers: Do They Exist?

 When the unthinkable happens—losing a loved one due to someone else’s negligence or wrongdoing—families are left devastated, emotionally and often financially.

Amid the grief and confusion, many survivors wonder whether pursuing legal action is even possible, especially if they are concerned about legal costs.

The truth is, affordable wrongful death lawyers do exist, and knowing where to look—and what to look for—can make all the difference.

At Finch McCranie LLP,
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5 Signs You Need a Semi-Truck Accident Lawyer

Accidents involving semi-trucks are often devastating. Because of the sheer size and weight of these commercial vehicles, the damage they cause—both physically and emotionally—can be life-altering.

While some minor vehicle accidents can be resolved without legal help, semi-truck accidents are different.

They often involve serious injuries, complex investigations, and multiple parties.

In such situations, knowing when to call a semi-truck accident lawyer can make all the difference.

Here are
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How to Get a Free Consultation with a Truck Accident Lawyer in Atlanta

Getting into a truck accident in Atlanta can turn your life upside down. One moment everything is normal, and the next, you’re dealing with pain, stress, bills, and calls from insurance companies.

It’s a lot to handle all at once. That’s why it helps to have a trusted truck accident lawyer by your side—someone who understands the law and can guide you through what to do next.

But for many, the first concern is cost.
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How Long Does a Wrongful Death Lawsuit Take in Georgia?

Losing a loved one due to someone else’s negligence is devastating. Beyond the emotional pain, families often face complex legal questions, including how long a wrongful death lawsuit might take in Georgia.

Understanding the typical timeline for wrongful death claims and what factors influence it can help ease some of the uncertainty during this difficult time.

At Finch McCranie LLP, we’ve guided many families through wrongful death lawsuits, providing compassionate support and experienced
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What to Expect During a Medical Malpractice Lawsuit in Atlanta

When a medical professional makes a serious mistake that results in injury, illness, or even death, patients and families are left with pain, confusion, and questions.

One of the most important questions is: What comes next?

Pursuing a medical malpractice lawsuit is a way to seek accountability and compensation—but understanding the legal process is key to making informed decisions.

At Finch McCranie LLP, we’ve helped countless individuals in Atlanta navigate
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Semi-Truck Accident Lawyer in Atlanta: How They Handle Complex Cases

When a semi-truck accident turns your life upside down, you need more than just a lawyer — you need someone who understands how to navigate the legal chaos and protect your future.

The complexities of a truck accident case are unlike any other kind of personal injury claim. 

It’s not just you against the driver. 

You’re up against powerful trucking companies, insurance giants, and aggressive legal teams. 

That’s where
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Surgical Error or Negligence? Get Help from a Georgia Malpractice Lawyer

When you place your health and well-being in the hands of a surgeon, you expect professional care, precision, and safety.

Unfortunately, surgical errors and negligence still occur far too frequently — often leading to devastating consequences for patients and their families.

In Georgia, victims of surgical malpractice have legal rights, and working with an experienced medical malpractice lawyer can make all the difference.

At Finch McCranie LLP, we understand how
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Semi-Truck Accident Lawsuit Lawyer in Atlanta: How to File a Claim

Accidents involving semi-trucks are often severe and life-altering. Given their size and weight, these commercial vehicles can cause catastrophic injuries and significant property damage.

For victims in Atlanta facing medical bills, lost income, and emotional distress after a semi-truck accident, understanding the legal process for filing a claim is critical.

While our work focuses on improving outdoor safety through professional lighting solutions, we also recognize how important it is for community members to have access to trusted legal
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