Personal Injury & Wrongful Death

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
(more…)

Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
(more…)

Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
(more…)

Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
(more…)

MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
(more…)

Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
(more…)

An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
(more…)

Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
(more…)

Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
(more…)

Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
(more…)

How Weather Conditions Influence Truck Accident Liability: What Victims Should Know

Weather is a major factor in road safety, especially for large commercial trucks.

Even mild rain, fog, snow, or wind can turn routine driving into a serious hazard—and complicate questions of legal responsibility.

Truck drivers must be trained to adapt to these conditions, yet many accidents happen because of poor decisions or company negligence.

Proving liability in weather-related crashes is challenging, but with fast action and deep legal knowledge, it’s possible to hold the right
(more…)

What Truck Accident Victims Should Know About Electronic Logging Device (ELD) Data

One of the most devastating events on our roadways is a truck accident.

These collisions frequently cause serious injuries or fatalities because of the size and weight of commercial vehicles.

In the aftermath, victims and their families are left not only coping with trauma and medical bills but also searching for answers: What caused the accident? Could it have been prevented? Who is liable?

More precise and fact-based solutions to these problems are now feasible
(more…)

Is There a Cap on Wrongful Death Compensation? What Families Should Know About Limits

One of the most terrible things a family can go through is losing a loved one because of the carelessness of another person.

Knowing your legal rights and alternatives becomes crucial during this extremely taxing period, particularly with regard to wrongful death compensation.

Is there a cap on wrongful death damages? This is a question that many families have.

The answer isn’t simple and varies widely depending on where you live and the specifics of your
(more…)

Legal Rights of Parents in Unborn Child Wrongful Death Cases

It is an unfathomable sadness to lose an unborn child as a result of someone else’s carelessness.

In Georgia, parents have legal avenues to seek justice and compensation through wrongful death claims.

However, these cases are fraught with complexities, and understanding the legal framework is crucial.

Understanding Wrongful Death in the Context of Unborn Children

Georgia law allows parents to pursue wrongful death claims for the loss of an unborn child, provided certain conditions are met.

Usually at 24 weeks of gestation, the fetus
(more…)

Medical Malpractice Settlements vs. Jury Trials: Which Is Right for You?

When a medical procedure goes wrong, the consequences can be devastating—emotionally, physically, and financially.

Victims and families often face a whirlwind of pain, confusion, and legal questions.

One of the most important decisions you’ll face in a medical malpractice case is whether to accept a settlement or pursue a jury trial.

Each path comes with its own risks and rewards, and making the right choice could shape the outcome of your entire case.

(more…)

Who Can File a Medical Malpractice Claim? Understanding Your Rights

You may be able to file a medical malpractice claim when you or a loved one experienced harm as a result of a medical professional’s carelessness.

Many people aren’t sure whether they have the right to file or if their situation qualifies as malpractice.

As seasoned medical malpractice attorneys at Finch McCranie LLP, we believe understanding your legal rights is the first step in holding healthcare providers accountable and seeking the justice you deserve.
(more…)

How Settlements Work in Medical Malpractice Cases

Without competent legal assistance, allegations of medical negligence can be difficult to handle due to their complexity, emotional content, and difficulty.

It’s essential to understand how settlements in medical malpractice cases work if you or a loved one experienced harm as a consequence of a healthcare provider’s negligence.

Many parties prefer to settle their cases out of court, but it’s crucial to understand what that process involves, what to anticipate, and how an experienced medical malpractice
(more…)

What Evidence Is Critical in Truck Accident Injury Lawsuits?

Truck accidents frequently result in catastrophic injuries or fatalities, making it one of the most damaging categories of personal injury incidents.

A accident between a commercial truck and a smaller vehicle can have serious financial, psychological, and physical repercussions.

In the aftermath, pursuing legal action may be the only way for victims to secure the compensation they deserve.

But not every claim is successful. The quality and extent of the evidence acquired nearly totally determines
(more…)

The Role of Expert Witnesses in Medical Malpractice Lawsuits

In medical malpractice trials, expert witnesses are essential because they help the court make sense of complicated medical data.

With a background in healthcare, they analyze medical records to identify whether the standard of care was breached and explain how such breaches caused harm.

Their evidence enables the holding of negligent medical professionals accountable by translating medical jargon into English that juries and judges can easily understand.

Having worked both as a nurse and now
(more…)

How a Surgical Negligence Lawyer Can Help If You Suspect Malpractice

Surgical procedures, regardless of complexity, require absolute precision, coordination, and adherence to medical protocols Patients entrust surgical specialists with their trust and even their lives.

But what happens when that trust is broken? When a routine or high-risk surgery results in unexpected harm, and the cause seems to stem from something more than chance?

If you suspect that your injuries, complications, or unexpected outcome after surgery are due to negligence, it’s essential to take proactive steps.

(more…)