Personal Injury & Wrongful Death

Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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How an Atlanta Medical Malpractice Lawyer Can Help You

If you or a loved one has been harmed due to a healthcare provider’s negligence, seeking justice can feel overwhelming.

Navigating the complexities of a medical malpractice lawsuit requires deep legal knowledge, aggressive representation, and compassion.

That’s where an experienced medical malpractice lawsuit lawyer in Atlanta becomes your most valuable ally.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, nurse, hospital, or any healthcare professional breaches the standard of care, causing
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Medical Negligence vs. Malpractice: What’s the Legal Difference?

When seeking justice for an injury caused by a healthcare provider, many people struggle to understand the difference between medical negligence and medical malpractice.

While these terms are often used interchangeably, they have distinct legal meanings that impact how a case is handled in court.

If you’re searching for how to find a medical malpractice lawyer or need a medical malpractice lawyer near me in Atlanta, understanding this difference is crucial.

This article will help
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The Most Dangerous Highways for 18-Wheeler Accidents

Atlanta, a major transportation hub in the Southeast, is home to some of the busiest and most dangerous highways in the country.

The city’s intricate network of interstates and major roads experiences heavy commercial truck traffic daily, increasing the risk of severe 18-wheeler accidents.

These massive vehicles, often weighing up to 80,000 pounds, pose significant dangers when involved in collisions.

For victims of such accidents, the consequences can be devastating—leading to severe injuries, loss of
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How Wrongful Death Settlements Are Paid Out in Georgia

Losing a loved one due to another party’s negligence or misconduct is devastating.

While no amount of money can truly compensate for the loss, Georgia law allows families to seek financial relief through a wrongful death lawsuit.

These claims aim to provide monetary compensation for lost income, emotional suffering, and other damages caused by the wrongful death.

Understanding how wrongful death settlements are paid out is crucial for families navigating this difficult process.

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How to Find a Top-Rated Truck Accident Lawyer in Atlanta Fast

In the bustling streets and highways of Atlanta, truck accidents can happen in the blink of an eye—often with devastating consequences.

If you or a loved one has been involved in a serious truck accident, you don’t have time to waste. You need legal representation that’s experienced, effective, and fast.

But with so many options available, how do you find a top-rated truck accident lawyer in Atlanta quickly?

This guide will walk you through everything
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Medical Malpractice Lawyer: 5 Must-Have Qualities

Medical malpractice is one of the most complex legal areas, requiring a lawyer with extensive experience, resources, and legal acumen.

If you or a loved one has suffered due to a healthcare provider’s negligence in Atlanta, you need an attorney who can fight for justice and secure fair compensation.

However, how to choose a medical malpractice lawyer is a critical decision that can significantly impact the outcome of your case.

With so many lawyers offering
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Driver Fatigue and Truck Accidents: Who’s Liable?

Truck accidents are some of the most devastating and dangerous incidents on the road.

Due to their massive size and weight, semi-trucks can cause catastrophic damage in collisions, leading to severe injuries and fatalities.

One of the leading causes of truck accidents is driver fatigue, a condition that impairs reaction time, decision-making abilities, and overall vehicle control.

Fatigue is a significant risk in the trucking industry, where drivers are often
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Rollover Truck Accidents: Causes, Injuries, and Legal Options

A rollover truck accident is one of the most catastrophic types of crashes, often leading to severe injuries and significant legal complexities.

If you or a loved one has been involved in such an accident, consulting a truck accident lawyer is essential to protect your rights and pursue fair compensation.

This article explores the primary causes of rollover truck accidents, the injuries they cause, and the legal options available to victims.

Understanding Rollover Truck Accidents

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Medical Malpractice Lawyer vs. Personal Injury Lawyer: Who Should You Hire?

When facing injuries caused by negligence, choosing the right legal expert is essential.

Many people struggle to decide whether they need a medical malpractice lawyer near you or a personal injury lawyer.

While both handle injury claims, the key differences lie in their areas of expertise, the types of cases they take on, and the legal process involved.

If you’re in Atlanta, knowing when to hire a medical malpractice attorney versus a personal injury lawyer
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Why Wrongful Death Lawsuits Create Safer Communities

Losing a loved one due to someone else’s negligence is a devastating experience.

Whether caused by medical malpractice, a car accident, defective products, or workplace hazards, wrongful deaths leave families with emotional and financial burdens.

While no legal action can replace a lost life, hiring a lawyer for wrongful death can help families seek justice and hold negligent parties accountable.

Beyond individual cases, wrongful death lawsuits contribute to broader societal benefits.

These
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