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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Truck Accident Lawsuits and Liability: Who Is Responsible?

Truck accidents are among the most catastrophic and complex types of accidents on the road.

Due to the size and weight of commercial trucks, these accidents often result in significant damage, serious injuries, and sometimes fatalities. 

Determining liability in a truck accident lawsuit is critical, as it influences the outcome of compensation for victims and their families. 

The question of “who is responsible?” in a truck accident lawsuit can be multifaceted and requires
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Top Qualities to Look for in a Truck Accident Attorney

Truck accidents can be life-altering, leaving victims with significant injuries, financial hardships, and emotional trauma. 

Hiring the right truck accident attorney can make a substantial difference in how effectively you recover compensation for your losses. 

Choosing a lawyer equipped to handle the complexities of truck accident cases requires careful consideration. 

Below, we explore the top qualities you should look for in a truck accident lawyer to ensure you
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Understanding Product Liability: Insights from Legal Experts

In today’s dynamic marketplace, consumer products are a hot issue, and safety is the primary concern.

Product failures can lead to injuries, property damages, or financial losses.

When this happens, liability law sets the legal standards for the manufacturers, distributors, and retailers to be answerable for their products.

This all-inclusive guide gives you a comprehensive view from legal experts on understanding the concept of product liability law and its components and
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7 Key Steps to Finding the Right Medical Malpractice Lawyer for Your Case

It can feel overwhelming to navigate the world of medical malpractice when you’re experiencing the fallout of someone else’s negligence.

If you’ve been through an experience that saw healthcare fall short of your expectations, then you’ll probably ask how you should pursue the justice that is due you.

First of all, you will need a medical malpractice lawyer.

With so many attorneys, you will want to know what to look
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Why You Need a Truck Accident Lawyer: Understanding Your Legal Rights

Truck accidents can be very devastating.

When a large truck crashes into a smaller vehicle, the results are usually severe injuries or death.

If you have been involved in such an accident, it is important to understand your legal rights and options.

The aftermath of a truck accident is overwhelming and complicated.

Insurance companies will often push you to settle quickly, which might not reflect your
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Common Myths About Medical Injury Lawyers Debunked

The world of medical injury law can be daunting, especially with the many misconceptions that tend to blur judgment.

Medical injury lawyers play a crucial role in advocating for patients who have been injured as a result of negligence or malpractices.

However, many potential clients hesitate to seek help because they harbor common myths about these professionals.

This is where the myths are burst open, and real insight
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From Documentation to Negotiation: A Comprehensive Guide to Your Truck Accident Cases

Nobody expects to experience a truck accident, which is not only an overwhelming but also a traumatic incident.

Going beyond the immediate physical and emotional repercussions of a truck accident case would feel like navigating through a maze to understand your rights, gather evidence, and negotiate with insurance companies to claim the compensation you deserve.

This in-depth guide takes you through every step of your truck accident cases—from the minutes following
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The Role of Product Liability Law Experts in Consumer Protection

Consumers are in touch with the products that guarantee safety and satisfaction on a daily basis.

However, what happens when such products fail to do so?

The stakes in the current market are so high that one faulty product can result in serious injuries or even fatalities.

It is in such scenarios that product liability law experts come into play.

They don’t only go through the very thick and heavy
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What to Look for in a Defective Product Attorney

A defective product has, no doubt, hurt you, making the process of justice overwhelming.

The cost is sky-high, and so is the search for legal representation.

Enter the realm of defective product attorneys, specialists who know how to navigate intricate laws to fight for your rights.

How do you go about choosing one?

What kind of qualities should they possess in order for you to be in good hands?

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When to Hire a Lawyer for Your Truck Accident Lawsuit

Truck accidents are disastrous and may leave the victims with terrible injuries and emotional trauma.

Often, navigating the aftermath of such accidents is overwhelming, especially with legal matters.

You might wonder if you should hire a lawyer for your truck accident lawsuit.

These cases are far from simple fender-benders; they are entangled in complex regulations involving multiple parties that may or may not make or break your claim.

Knowing when
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