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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How to Document Injuries After a Truck Accident for Maximum Compensation

Truck accidents often lead to catastrophic injuries, leaving victims in physical, emotional, and financial turmoil.

As seasoned trucking accident attorneys, we understand that the strength of your personal injury claim is only as strong as the documentation that supports it.

If you or a loved one has been involved in a trucking accident, knowing how to thoroughly document your injuries can make a critical difference in the compensation you receive.

This article walks you through
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Wrongful Death Settlements vs. Trials: Which Is Better for Families?

Losing a loved one is devastating. When that death stems from another’s negligence or misconduct, families face not only grief—but also pressing legal decisions.

As wrongful death lawyers, our duty goes beyond legal advocacy; we guide families through recovery, accountability, and closure.

A central choice often emerges: should you pursue a settlement or proceed to trial?This is a detailed examination from the viewpoint of a wrongful-death lawyer.

Understanding Settlements and Trials

Settlements, are agreements
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How to Navigate Wrongful Death Claims When Multiple Parties Are Involved

Losing a loved one is always traumatic, but when multiple parties share responsibility, the legal path becomes exponentially more complex.

As wrongful death attorneys based in Atlanta with decades of experience, we’ve guided families through these multifaceted cases—ensuring that all negligent parties are held fully accountable for their actions.

What Exactly Is a Multi‑Party Wrongful Death Claim?

When someone passes away as a result of the careless, reckless, or deliberate actions of another party—even when multiple parties may
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What to Do Immediately After a Trucking Accident: Steps to Protect Yourself

A trucking accident is a terrifying experience. A commercial truck’s vast size and weight have the ability to cause fatalities, severe injuries, and catastrophic damage.

If you or a loved one is involved in such a crash, your first thoughts are likely to be about survival and safety.

But once the dust settles, your actions in the minutes, hours, and days following the accident can significantly impact your health, your rights, and your ability to recover compensation.
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Why So Many in Atlanta Trust Finch McCranie LLP After a Truck Accident

Introduction

Truck accidents are among the most devastating events that can occur on Georgia highways. 

From life-threatening injuries to long-term disabilities, these collisions often change lives in an instant. 

In such difficult times, finding a reliable and experienced legal advocate becomes not just important—but essential.

That’s where Finch McCranie LLP comes in.

For decades, Finch McCranie LLP has represented individuals and families affected by catastrophic truck accidents.

Their extensive background in trucking law,
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Common Injuries in Trucking Accidents and How to Get Compensation

When a car collides with an 18-wheeler or commercial truck, the results can be catastrophic.

As truck accident attorneys, we’ve seen how quickly life can change for victims and their families.

What seems like a routine day on the road can turn into a nightmare in a split second.

Truck crashes are not like typical car accidents. The size, weight, and speed of these massive vehicles make them uniquely dangerous.

And unfortunately,
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How Long Do You Have to File a Truck Accident Claim?

If you or a loved one has been involved in a truck accident in Springfield, Atlanta, one of the most urgent questions you need answered is: How long do I have to file a claim? Time is a critical factor in truck accident cases, not only for legal reasons, but also to ensure that vital evidence is preserved and your rights are protected.

 At Finch McCranie LLP, we’ve spent decades helping victims and families navigate these
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Common Mistakes That Hurt Your Medical Malpractice Case

When you or a loved one suffers harm due to a healthcare provider’s negligence, you have the right to pursue a medical malpractice claim.

However, the road to justice isn’t straightforward.

Even with valid claims, too many victims make avoidable mistakes that can severely damage or even destroy their chances of receiving compensation.

At Finch McCranie LLP, we’ve seen firsthand how missteps can derail cases that otherwise had strong legal merit.

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Facing Wrongful Death Insurance Denial? Here’s What You Need to Do

The emotional toll is enormous when a loved one’s life is lost due to the negligence of another.

Families may encounter unforeseen financial and legal challenges on top of their grief.

One of the most painful situations is when the insurance company rejects the wrongful death claim.

Our experienced wrongful death lawyers at Finch McCranie LLP are aware of how cruel and painful these rejections can be, particularly when the evidence appears to
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Hidden Policy Clauses That May Void Your Wrongful Death Claim

Losing a loved one unexpectedly is heartbreaking.

Families often file wrongful death claims to obtain justice and financial security when the loss was caused by the negligence of another person.

However, many families happen to discover that an insurance policy they thought would cover them has hidden provisions that might cancel or significantly restrict their claim.

At Finch McCranie LLP, our wrongful death attorneys routinely help clients navigate these complicated policy
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