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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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Missed the Wrongful Death Claim Time Limit? Here’s What You Can Still Do

Losing a loved one due to someone else’s negligence is deeply traumatic.

For a specific amount of time, Georgia law permits surviving family members to file a wrongful death claim One essential legal deadline is the statute of restrictions.

You can destroy your right to fight for justice if you miss it. You can lose your right to seek justice if you miss it.

At Finch McCranie LLP, many clients come to us worried they’ve waited too
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Why Hiring a Commercial Truck Accident Lawyer Is Crucial After a Delivery Crash

Introduction

Delivery trucks are everywhere—thanks to e-commerce, gig work, and next-day delivery expectations. 

With more commercial vehicles crowding city streets and rural roads alike, the risk of serious accidents has escalated. 

These aren’t simple fender benders. Delivery truck crashes often involve devastating injuries, destroyed property, and complex legal entanglements. 

Victims may face corporate insurance providers, legal teams, and massive trucking companies determined to avoid liability. 

If you’ve
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How a Truck Accident Can Affect Your Life for Years—Unless You Take Action

A truck accident isn’t just a momentary incident—its aftermath can ripple through your life for years. Here’s what you should know:

  • Truck accidents often result in long-term physical injuries and emotional trauma.
  • Victims frequently face disruptions to work, finances, and relationships.
  • Without legal action, many suffer in silence with mounting bills and lost opportunities.
  • Truck accident lawyers can help secure justice and
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Truck Accident Case: Impact, Recovery, and Lawyer

Truck accidents are devastating, both physically and emotionally. 

They bring life to a halt and create a maze of medical, legal, and insurance-related challenges. 

This article offers a clear roadmap through the chaos—focusing on the impact of the accident, the recovery process, and how the right truck accident attorney can make all the difference.

You’ll learn what steps to take after a crash, what legal pitfalls to avoid, and how a leading truck accident law firm like
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Should You Hire a Local Medical Malpractice Lawyer?

When you’re dealing with the pain, stress, and confusion of a medical error, hiring the right legal help can make all the difference.

But one of the first questions you might face is: Should you hire a local medical malpractice lawyer? The short answer is—yes, and here’s why.

A local medical malpractice lawyer offers more than just legal representation—they bring proximity, familiarity with your local healthcare providers, and crucial knowledge of your state’s legal system.

These benefits often lead to a more responsive, more personalized,
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Malpractice in Atlanta Georgia | Medical Law, Liability & Claims

Introduction

Medical care is built on trust. When you see a doctor or visit a hospital in Atlanta, you expect to receive competent, ethical treatment. 

But what happens when that trust is broken? 

Medical errors can lead to long-term suffering, disability, or even loss of life. 

In such cases, a medical malpractice lawyer plays a vital role in seeking justice.

This article explores what defines malpractice, the types of claims, and how malpractice
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How Much Compensation Can a Medical Malpractice Lawyer Get You?

When you suffer harm due to medical negligence, your life can change in an instant. 

From unexpected surgeries to long-term rehabilitation, the consequences can be devastating. 

In such situations, seeking legal representation becomes essential—not just for justice, but to ensure you receive fair compensation. 

One of the first questions many victims ask is: how much compensation can a Medical Malpractice Lawyer get you?

Understanding the scope of damages, how
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How Do I Know If I Have a Medical Malpractice Case?

When we turn to healthcare professionals, we expect compassion, professionalism, and a high standard of care. 

Unfortunately, that isn’t always what we receive. 

Medical malpractice occurs when a healthcare provider deviates from the accepted standards of practice, leading to harm, injury, or death. 

But how do you know if your experience qualifies as a medical malpractice case? 

Understanding the legal, medical, and procedural aspects is key.

In
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Common Types of Wrongful Death Cases and How Lawyers Handle Them

Losing someone we love is very hard, especially if their death could have been prevented.

A wrongful death happens when someone dies because another person or a company was careless or did something wrong.

In these sad cases, the family of the person who died can go to a lawyer for help.

Let’s learn more about what wrongful death means, the common types of cases, and how lawyers help families during these tough times.

What
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How Federal Trucking Regulations Impact Your Injury Case

Introduction

When you’re hurt in a truck accident, the road to justice can be overwhelming.

But did you know that federal trucking regulations could play a major role in your injury claim? These rules were designed to keep everyone safe on the road—and when they’re broken, it can mean serious consequences for the trucking companies involved.