This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning (more…)
The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It (more…)
Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid (more…)
Our Atlanta lawyers see many cases involving serious head injuries which at first appear to be minor or nonexistent. The recent report about actress Natasha Richardson who fell at a Canadian ski slope is a prime example. According to reports, Ms. Richardson, suffered a minor fall while skiing.
According to reports, she was talking and joking after she fell Monday. But soon after she returned to her hotel room she complained of head pain and was taken to a nearby hospital, then to a larger medical center in Montreal. She was later flown by private jet to a New York hospital, where she is reportedly in critical condition.
A blow to the head that at first seems minor and does not result in immediate pain or other symptoms can in fact turn out to be a life-threatening brain injury. Immediate treatment is essential after a brain injury because damage caused by swelling is often irreversible.
The initial fall or injury doesn’t have to be hard at all. The delay in symptoms can range from five minutes to three hours after the accident.
Experts report that a patient can appear deceivingly normal at first, but they may actually have a brain bleed and as the pressure builds up, they experience classic symptoms of a traumatic brain injury. This condition is commonly referred to as “talk and die” syndrome, because the patient can decline so rapidly.
These injuries are known as epidural hemorrhages. Blood gets trapped between the skull and the dura which is a hard layer of skin between the bone and brain. As the blood flows from the ruptured artery, the fluid builds and can puncture the dura.
The pressure is pushed on the brain, causing it to swell. Since the brain is restricted by the skull, there is often no room for it to move inside the skull cavity.
Nausea, severe headache, glossy eyes, sudden sleepiness, are all common symptoms of a brain injury. Getting to a hospital within the first few hours is critical to prevent permanent brain damage. Immediate treatment is essential after a brain injury because the initial damage caused by swelling often is irreversible.
Experts warn that the most important thing to do to lower your risk of a brain injury is to wear a helmet.
The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of nursing home abuse over the years. With our aging population, we expect the numbers of these cases to increase. Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A Georgia nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder (more…)
Emergency defibrillators in public gathering places have become common throughout Georgia. Now, about 14,000 external defibrillators are being recalled after 39 reported incidents, including two that involved patient deaths.
The recall was announced Tuesday by manufacturer Welch Allyn. It involves 14,054 AED 10 and MRL JumpStart external defibrillators made between Oct. 3, 2002, and Jan. 25, 2007. The company said there is a chance the AEDs, available through prescription, may produce low-energy shock, shutdown unexpectedly or be susceptible to electromagnetic noise interference.
These problems could (more…)
Emory University in Atlanta, Georgia has been involved in a controversy concerning undisclosed payments to the head of the psychiatry department by drug companies. The danger that these financial relationships between physicians and drug and medical device manufactures can pose to patients is being brought to light in West Virginia.
Two companies that make medical devices and surgical materials may face sanctions related to medical malpractice lawsuits filed by patients against John Anderson King, an osteopathic surgeon on the staff of Putnam General Hospital in (more…)
Many Bowflex exercise machines are found in homes and gyms throughout Georgia. Now, Nautilus Inc, the manufacturer is recalling 78,000 of its Bowflex Ultimate 2 Home Gyms.
There are reports that the seat rails can unlatch causing potentially serious injury. At least 18 people have been injured so far, with some customers suffering cuts to their heads and shoulders; some requiring stitches.
The U.S. Consumer Product Safety Commission said the gym’s horizontal seat rail, if not manually latched for storage, can fall on a user (more…)
Georgia residents and countless others across the nation received good news today. In a surprise decision handed down today the United States Supreme Court held that drug manufacturers who fail to warn of known dangers are not immune from liability due to the federal preemption doctrine.
In the case of Wyeth v. Levine , the Supreme Court was confronted with a situation in which drug manufacturer Wyeth had been sued by Levine. Wyeth manufacturers the anti-nausea drug Phenergan. Levine had been injected with Phenergan by a clinician using the IV-push method whereby the drug is injected directly into a vein. However, the drug entered an artery and doctors were forced to amputate her arm below the elbow.
Levine sued in the state courts of Vermont alleging among other things, that Wyeth knew of the increased risks of using the drug by the IV-push method, but failed to provide adequate warnings to healthcare practitioners. A Vermont jury determined that Wyeth was liable under state failure to warn claims and awarded damages against Wyeth.
Wyeth appealed arguing that prior approval of the label for Phenergan by the FDA preempted all state law actions, in effect granting them immunity from suit.
The Supreme Court squarely rejected this argument, finding that Wyeth’s argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer.
This is a major victory for consumers across the United States.
The United States Department of Justice has charged the drug maker Forest Laboratories with defrauding the government of millions of dollars by illegally marketing the popular antidepressants Celexa and Lexapro for unapproved uses in children and teenagers.
In a civil complaint filed by the United States attorney’s office in Boston, federal prosecutors alleged that former top executives at Forest concealed for several years a clinical study that showed that the drugs were not effective in children and might even pose risks to them, including suicides. (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…)
