The use of unnecessary force by law enforcement officers is a common and inexcusable problem. Many of the attorneys at Finch McCranie LLP have law enforcement backgrounds and recognize the inherent dangers of police work and the need at times to use force. However, this does not justify the use of unnecessary force.
The United States Court of Appeals for Ninth Circuit has recently issued an opinion addressing this issue in the context of Taser use. The Court, headquartered in California has sent a strong (more…)
The product liability lawyers at Finch McCranie, LLP pay close attention to the recall of dangerous products that can lead to the wrongful death of innocent people. This week, in cooperation with the U.S. Consumer Product Safety Commission, Polaris Industries has issued a voluntary recall of approximately 8,500 all-terrain vehicles because of a potentially dangerous steering problem, caused by a defective and dangerous front-end component. The recall applies to 2009-2010 models of the Polaris Sportsman ATV. Although there have been no reported (more…)
Georgia injury lawyers know that dog bite incidents often result in very serious injuries and in some cases, death. We have had a number of these cases over the years. The most recent case involved a real estate agent who was attacked by a large dog. Although the dog was tied up at its owners home, it was inadequately restrained by a collar which was itself a defective product. As a result, the dog got loose and literally bit off the entire calf (more…)
The Georgia injury lawyers at Finch McCranie, LLP handled a wrongful death case several years ago wherein we represented the family of a young boy who died in a house fire caused by a defective humidifier.
This week it was announced that Home Depot is recalling Chinese manufacture dehumidifiers because they pose a fire hazard according to the U.S. Consumer Product Safety Commission. The recall involves approximately 2,000 Hampton Bay model HB-50 dehumidifiers. The U.S. Consumer Product Safety Commission says that an (more…)
As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.
Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother (more…)
It is a sad reality that innocent citizens are oftentimes injured by their own government. City and county employees and/or state employees operate vehicles on a day-to-day basis and like other drivers sometimes are guilty of negligence which cause considerable damage to innocent third parties. Because of the expansive conduct of governmental entities in virtually every aspect of our lives, there are many other real life scenarios whereby innocent third party citizens cam be and are injured by the acts of government employees. In such (more…)
The Georgia Court of Appeals has recently accepted an Application for Interlocutory Review of a very important victim’s rights statute in this state. Here we refer to a case in which we represent the Plaintiff involving a tolling provision for the statute of limitations for victims of crime. O.C.G.A. § 9-3-99 was enacted as part of the Crime Victims Restitution Act of 2005 and will now be interpreted by the Court of Appals after a ruling in this appeal. Its tolling provision reads as follows:
The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the alleged crime or the act giving rise to such action and tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six (6) years. (Emphasis Supplied.)
As is apparent from a review of the broad language employed by the Georgia Legislature, this statute is very important for victims of crime. Many victims of crime do not know that they have civil claims against third parties. If someone is raped in a motel, they may not be able to independently recover that a rapist was formerly an employee of the motel and had been negligently left with master keys to their motel rooms. A victim of an independent trucker who is driving under the influence of drugs may not know that the trucker was operating under an oral lease agreement with a third party. This might be very important if the independent trucker had no insurance and the statutory employer/lessor had good insurance. A victim of a drunk driver may not discover until after two years that the drunk was provided far too much alcohol by a bar that knew that he would be driving in violation of the Dramshop Act. In short, there are many real life scenarios where an innocent crime victim may not even initially know whether they have viable third party claim and may not be able to discover the existence of such a claim until they are able to get access to the criminal investigative file concerning their case, something that may not occur for over 2 years. Moreover, in many cases, criminal perpetrators are not even apprehended for over 2 years and even if they are apprehended in a timely manner, they may assert their Fifth Amendment privilege and therefore withhold from the victim crucial information concerning the possible involvement of third parties.
The case that is on appeal before the Georgia Legislature will decide whether the language of the statute quoted herein applies to third parties and criminals or only to criminal perpetrators solely. In the case our firm is handling, the Defendants contend that the language of the statute only tolls the statute of limitations for causes of action that victims of crime have against the criminal perpetrators only. However, the clear wording of the statute is so broad as to clearly encompass claims against third parties as well. Indeed, it appears that the Georgia Legislature recognizes that victims many times are not only traumatized physically and emotionally and thereby delayed in bringing civil actions because of such trauma, but also are usually unable to access and/or discover important evidence and information in their cases, particularly with regards to the possible involvement of third party actors.
The Consumer Product Safety Commission announced that about 24,000 Amby Baby Motion Beds – hammocklike beds have been recalled. According to the Consumer Product Safety Commission the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock’s fabric or mattress pad, posing a suffocation risk.. The CPSC has instructed customers to stop using the products immediately.
The beds, made by Amby Baby USA of Minneapolis, Minnesota, were sold online through Ambybaby.com and other retailers (more…)
Of all the possible traffic accidents in Atlanta, cases in which vehicles collide with a bicycle or a pedestrian can have the most tragic results. When walking or riding a bike, you do not have the same structural protection against impacts that you do while driving, so you are more likely to be the injured party, and you are more likely to be hurt badly.
If you are severely injured or if a loved one was killed in a bike or pedestrian accident due to (more…)
Georgia injury lawyers know that any head-on collision between two vehicles is usually a serious matter. A head-on collision occurred today in Johns Creek on State Bridge Road which resulted in the death of one of the drivers and serious injuries to the two occupants of the other vehicle. Both individuals were airlifted to different metro Atlanta hospitals. Automobile accidents are a leading killer of Americans. If you have been injured or lost a loved one due to an automobile accident, (more…)
Losing a loved one is one of life’s most painful experiences. When that loss is caused by a medical error, the grief is compounded by frustration, anger, and the desire for justice.
Medical malpractice wrongful death claims are some of the most emotionally charged and legally complex cases in the legal world.
This article explores how a medical malpractice lawyer handles these sensitive claims and what steps are taken to ensure that families receive (more…)
Losing a loved one is devastating, and the pain only intensifies when their death could have been prevented.
In legal terms, this tragic situation is known as wrongful death—a death caused by the negligence, recklessness, or intentional act of another person or entity.
When a family member dies due to someone else’s actions, the law allows certain survivors to file a wrongful death lawsuit to seek justice and financial compensation.
style=”font-weight: 400;”>As any Wrongful Death Lawyer will explain, this type of litigation is complex and emotionally taxing.
Here’s everything you need to know—from legal definitions and types of wrongful death cases to who can file, what compensation is available, and how to choose the right legal support.
What Is Wrongful Death?
Wrongful death occurs when a person dies as a result of someone else’s legal fault.
This can stem from a wide variety of causes, such as car accidents, medical malpractice, workplace incidents, defective products, or even criminal acts.
The purpose of a wrongful death lawsuit is not to bring back the deceased but to offer financial relief and justice to the survivors who suffer the most.
Common Cases of Wrongful Death
Wrongful death claims span numerous scenarios. Some of the most common cases of wrongful death include:
Motor Vehicle Accidents
This includes car, motorcycle, bicycle, and pedestrian accidents caused by speeding, DUI, distracted driving, or reckless behavior.
Medical Malpractice
If a healthcare professional fails to provide an appropriate standard of care—resulting in death—it could be grounds for a wrongful death claim.
Workplace Accidents
Employers may be held liable if unsafe working conditions or negligence led to a fatal injury.
Product Liability
When a defective product causes a fatal accident, the manufacturer, designer, or distributor can be held accountable.
Truck Accidents
Among the most severe are semi-truck accidents. Victims’ families often need the support of a specialized semi-truck wrongful death lawyer Atlanta to navigate the legal maze.
Who Can File a Wrongful Death Lawsuit?
Each state has its laws regarding who can file a wrongful death claim. Generally, the following parties are eligible:
Spouses of the deceased
Children (biological or adopted)
Parents of a deceased minor or adult (in some states)
Siblings or other relatives, in the absence of immediate family
A personal representative of the estate
If you’re searching for a wrongful death attorney near me, it’s crucial to find one who understands local laws and eligibility rules specific to your state.
Legal Elements a Wrongful Death Lawyer Must Prove
A skilled Wrongful Death Lawyer must establish the following key elements to succeed in a claim:
Duty of Care
The defendant owed the deceased a legal duty of care. For example, drivers must follow traffic laws.
Breach of Duty
The defendant breached this duty through negligence, recklessness, or intent.
Causation
This breach directly caused the death of your loved one.
Damages
The death resulted in quantifiable damages, such as loss of income, funeral expenses, and emotional suffering.
Compensation in Wrongful Death Cases
Survivors may be entitled to several forms of compensation:
Economic Damages
These include medical bills, funeral costs, lost future earnings, and loss of benefits like health insurance or pension.
Non-Economic Damages
Pain and suffering, loss of companionship, loss of parental guidance, and emotional distress fall under this category.
Punitive Damages
In cases of gross negligence or intentional harm, courts may award punitive damages to punish the wrongdoer and deter others.
Importance of Legal Representation
A Wrongful Death Lawyer brings not only legal knowledge but emotional support during a trying time. Here’s why hiring an attorney is essential:
Investigative Resources
Attorneys can access police reports, medical records, surveillance footage, and expert witnesses to build a strong case.
Legal Strategy
They know how to navigate court rules, statutes of limitations, and insurance policies to ensure you don’t miss critical deadlines.
Negotiation Skills
Most cases settle outside court. Your lawyer can negotiate with insurers and defense attorneys to get a fair settlement.
Trial Experience
If the case proceeds to trial, an experienced lawyer will advocate on your behalf with compelling arguments and evidence.
The Role of a Semi-Truck Wrongful Death Lawyer in Atlanta
Truck accident cases are among the most complex cases of wrongful death due to:
Large insurance policies and aggressive defense teams
This is why working with a semi-truck wrongful death lawyer in Atlanta is vital if your loved one was involved in a fatal truck crash.
These legal experts understand the nuances of commercial vehicle litigation, state and federal trucking laws, and how to fight back against trucking corporations and insurers.
How Long Do You Have to File?
The deadline for filing a wrongful death lawsuit—known as the statute of limitations—varies by state.
In many jurisdictions, it’s two years from the date of death, but some states allow more or less time depending on the circumstances.
Missing this deadline can mean permanently losing your right to compensation.
Your wrongful death attorney near me can confirm the time limits specific to your case and help ensure all documents are filed on time.
How to Choose the Right Wrongful Death Lawyer
When choosing a lawyer, look for the following:
Experience
Make sure they specialize in wrongful death cases and have a strong track record.
Communication
They should be responsive, compassionate, and able to explain legal terms in a way you understand.
Reputation
Check client reviews, testimonials, and peer ratings. Many attorneys offer a free consultation—use this opportunity to gauge their professionalism.
Contingency Fee Basis
Most wrongful death attorneys work on a contingency fee, meaning they only get paid if you win. This makes legal help accessible even if you’re struggling financially.
What to Expect During the Legal Process
Here’s a general overview of what happens after you hire a Wrongful Death Lawyer:
Initial Consultation – Discuss your case and explore your legal options.
Investigation – Collect evidence and identify liable parties.
Filing the Claim – Your attorney will prepare and file a formal complaint.
Negotiation – The lawyer will attempt to settle with the defendant’s insurance company.
Litigation – If no settlement is reached, the case goes to court where a judge or jury will decide the outcome.
The process can take months or even years, depending on the complexity of the case, the willingness of parties to settle, and court backlogs.
Emotional and Psychological Considerations
Grieving families not only deal with legal stress but immense emotional trauma.
The right attorney understands this and may also connect you with counselors or support groups to help you through your healing journey.
Remember, pursuing a wrongful death case is not just about money—it’s about honoring your loved one’s memory and making sure those responsible are held accountable.
Final Thoughts
The path through wrongful death litigation is filled with emotional and legal complexities.
Whether it’s a fatal car crash, medical negligence, or a commercial trucking disaster, you have the right to seek justice.
A seasoned Wrongful Death Lawyer can help you understand your rights, build a strong case, and fight for the compensation your family deserves.
From navigating state-specific laws to facing powerful insurance companies, legal guidance is indispensable.
So if you’re searching for a wrongful death attorney near me or need the expertise of a semi-truck wrongful death lawyer in Atlanta, don’t delay.
Reach out to a trusted professional and begin your journey toward justice and closure.
Need Legal Help Now?
If you’ve lost someone due to negligence or reckless behavior, don’t face this alone.
Contact us at Finch McCranie LLP today and take the first step in protecting your rights and your family’s future.
FAQs
Who can file a wrongful death claim?
Typically, the deceased person’s spouse, children, or parents can file a wrongful death claim. In some states, extended family members or a legal representative of the estate may also be eligible. A wrongful death attorney near me can clarify eligibility based on your state’s laws.
How long do I have to file a wrongful death lawsuit?
The statute of limitations for filing a wrongful death claim varies by state but is usually two years from the date of death. It’s important to contact a Wrongful Death Lawyer as soon as possible to avoid losing your right to file a claim.
What types of compensation can be recovered in a wrongful death case?
Compensation in wrongful death litigation can include:
Medical and funeral expenses
Lost future earnings
Loss of companionship and emotional support
Pain and suffering
In some cases, punitive damages
Your attorney will help you calculate a fair amount based on your specific case.
What are the most common cases of wrongful death?
Some common cases of wrongful death include:
Car and motorcycle accidents
Medical malpractice
Workplace accidents
Defective products
Semi-truck accidents, which often involve commercial drivers and trucking companies
Each type of case requires different legal strategies and evidence.
Why do I need a wrongful death lawyer?
A Wrongful Death Lawyer provides legal expertise, investigates the incident, gathers evidence, and negotiates with insurance companies on your behalf. They ensure your case is properly handled and that you receive the compensation you deserve, especially during such a difficult time.
How is a semi-truck wrongful death case different from other types?
Semi-truck wrongful death cases often involve multiple liable parties such as the driver, trucking company, and equipment manufacturers. These cases require specialized knowledge of federal trucking regulations and complex evidence gathering. A semi-truck wrongful death lawyer in Atlanta is equipped to handle these specific challenges.
Losing a loved one due to someone else’s negligence is an unbearable tragedy.
In Atlanta, when such heartbreak occurs, many grieving families turn to Finch McCranie—a legal team widely recognized for its commitment, experience, and results in wrongful death claims.
Whether the loss involves medical malpractice, car accidents, or commercial vehicle collisions, families need more than just legal representation—they need compassionate advocates who can fight for justice.
When someone dies due to another person’s negligence or misconduct, families are left to cope with overwhelming emotional, financial, and legal consequences.
In these cases, seeking justice isn’t just about closure—it’s about securing your future.
A Wrongful Death Attorney plays a pivotal role in navigating this complex legal process.
But not all attorneys are the same.
The questions you ask during your consultation can make all the (more…)
Losing a loved one is heartbreaking. But when that loss is caused by someone else’s negligence or intentional act, the emotional toll is compounded by the sense of injustice.
In Georgia, wrongful death laws exist to help surviving family members seek justice, compensation, and closure.
Whether the death was caused by a car accident, a workplace incident, or a commercial vehicle collision, understanding the process is critical.
If you’re facing such a tragedy, you’re not (more…)
Medical errors can have devastating consequences. If you or a loved one has suffered due to the negligence of a healthcare provider in Atlanta, you may be entitled to compensation through a medical malpractice lawsuit.
The legal process is complex and time-sensitive, which is why consulting a qualified medical malpractice lawyer is crucial from the outset.
This guide will walk you through each step of filing a medical malpractice lawsuit in Atlanta, from understanding (more…)
