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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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.