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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Is Medical Malpractice a Criminal Act? What Atlanta Patients Should Know About Hospital Error Cases

Is medical malpractice a criminal act is a common question for Atlanta patients and families after a serious hospital error, surgical mistake, medication error, delayed diagnosis, or preventable injury. 

In most cases, medical malpractice is handled as a civil claim, not a criminal case. 

A civil medical malpractice claim focuses on whether a healthcare provider failed to meet the accepted standard of care and caused harm to the patient.

Some extreme cases may involve criminal investigation, but that is not the usual path for most medical malpractice lawsuit cases. 

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Delayed Cancer Diagnosis in Georgia: When Late Detection May Require a Medical Malpractice Lawyer in Duluth

A medical malpractice lawyer in Duluth can help patients determine whether a delayed cancer diagnosis may involve medical negligence.

When cancer is not diagnosed as early as it reasonably should have been, the delay may affect treatment options, prognosis, medical expenses, quality of life, and long-term outcomes.

For some patients, delayed detection may lead to more aggressive treatment. For others, it may result in a worsened condition or a fatal outcome.

However, not every delayed cancer diagnosis is medical malpractice. Cancer can be difficult to diagnose, symptoms can resemble less serious conditions, and medical providers are not automatically liable because a disease was found late. 

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How Legal Support From a Wrongful Death Attorney Near Me in Duluth Helps Families After a Loss

A wrongful death attorney near me can give Duluth families local legal guidance after a preventable fatal loss.

When a loved one dies because of medical malpractice, a truck accident, unsafe property, a car crash, or another negligent act, families may be left dealing with grief, expenses, insurance calls, legal questions, and uncertainty about what comes next.

Legal support cannot remove the pain of the loss. However, it can give families direction when important decisions must be made.

A wrongful death lawyer near me in Duluth can explain who may have the right to bring a claim, what early steps may matter, how insurance companies may respond, and what information should be reviewed before any settlement decision is made.

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When Is Misdiagnosis Considered Medical Malpractice in Duluth, GA? What Patients Must Prove to Win a Claim

Patients can contact a misdiagnosis lawyer in Duluth to determine whether a wrong diagnosis, delayed diagnosis, or failure to diagnose may qualify as medical malpractice. 

Not every diagnostic mistake is legally actionable, and not every poor medical outcome means a doctor or hospital was negligent. 

However, when a provider fails to follow accepted medical standards and that failure causes serious harm, the patient may have grounds for a medical malpractice claim in Georgia law.

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Common Mistakes That Hurt Injury Claims

After an accident, many injured people focus on medical treatment, missed work, and repairing their lives.

During this stressful time, it is easy to make mistakes that may hurt a personal injury claim.

Insurance companies often look for ways to reduce compensation or deny claims.

Certain actions, delays, or statements may make it harder to prove what happened or show the full extent of the injuries.

Understanding common mistakes can help injured people protect their rights and avoid unnecessary problems.

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Personal Injury Settlement Process Explained

A personal injury claim may arise when someone is injured because of another person’s negligence.

These cases can involve car accidents, truck accidents, slip and fall incidents, defective products, workplace injuries, dog bites, or other situations where someone fails to act safely.

After an injury, victims often face medical expenses, lost wages, pain, stress, and uncertainty about what happens next.

Understanding how the settlement process works can help injured people make informed decisions.

People
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What to Do After a Truck Accident in Atlanta

A truck accident in Atlanta can result in severe injuries, significant property damage, and long-term financial strain. Due to the size and weight of commercial trucks, these accidents are often more dangerous than regular car accidents. After such an event, it’s essential to understand the immediate steps to take in order to protect your health, preserve evidence, and support any future personal injury claim.

If you’ve been involved in a truck accident, taking the right steps
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What Damages Can Be Recovered in a Georgia Personal Injury Case?

After a serious accident, most people think first about medical bills. 

While medical expenses are often a major part of a claim, they are only one piece of the compensation that may be available in a Georgia personal injury case.

An injury can affect nearly every area of your life. You may miss work, struggle with ongoing pain, lose the ability to enjoy your normal activities, or face permanent physical limitations. 

In wrongful
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How Much Is a Personal Injury Case Worth in Georgia?

If you are wondering how much a personal injury case is worth in Georgia, the answer depends on several factors, including the severity of your injuries, the cost of your medical treatment, the impact on your ability to work, and whether the other party was clearly at fault. 

No two cases are exactly alike, which means the value of a claim can vary significantly from one situation to another.

A minor injury claim involving a short recovery
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What to Expect from an 18-Wheeler Crash Lawyer in Habersham County

If you have taken part in an 18-wheeler accident in Habersham County, hiring Finch McCranie LLP ensures you have the best legal team fighting for your rights. 

With extensive experience handling 18-wheeler accidents, Finch McCranie LLP is committed to securing the compensation you deserve and navigating the complexities of your case.

How Finch McCranie LLP Handles 18-Wheeler Accident Cases in Habersham County

Finch McCranie LLP understands the devastating impact of 18-wheeler accidents. 

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