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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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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