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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Overcoming the Emotional and Psychological Toll of a Truck Accident

Due to the sheer size and weight of commercial trucks, truck accidents are among the most devastating incidents on the road. 

While physical injuries often dominate the conversation, the emotional and psychological toll of such accidents is equally significant and far-reaching. 

Overcoming the aftermath of a truck accident involves addressing both the visible and invisible wounds. 

This article delves into the emotional and psychological impacts of
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Recovering from Physical Injuries After a Truck Accident: Essential Steps for Healing

Truck accidents can be devastating, leading to severe physical injuries that require comprehensive and prolonged recovery processes. 

The aftermath of such an accident often involves not only dealing with physical pain and injuries but also navigating emotional trauma and financial burdens. 

This article will guide you through the essential steps for healing from physical injuries after a truck accident, emphasizing medical care, rehabilitation, lifestyle adjustments, and mental health support.

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What Is an Average Truck Accident Settlement?

Truck accidents are among the most devastating types of collisions on the road, often resulting in severe injuries, extensive property damage, and significant financial burdens for victims. 

Understanding the process and typical outcomes of truck accident settlements is essential for anyone involved in such incidents. 

This article delves into the factors that influence these settlements, explores average settlement amounts based on case examples, discusses legal considerations, and provides guidance on navigating this complex legal landscape.
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Should I Hire A Lawyer After A Minor Car Accident?

Car accidents, even minor ones, can be unsettling and leave you wondering about your legal rights and responsibilities. 

One of the common questions that arise after a minor car accident is whether it’s necessary to hire a lawyer. 

While every situation is unique, understanding the factors involved can help you make an informed decision.

Understanding Minor Car Accidents

Firstly, let’s clarify what constitutes a minor car accident

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How Long Does a Truck Accident Claim Take?

Being involved in a truck accident can be a traumatic experience, often followed by the complex process of seeking compensation for damages incurred. 

Understanding how long a truck accident claim takes can provide clarity and manage expectations during this challenging time.

Initial Steps After a Truck Accident

The duration of a truck accident claim can vary significantly based on several factors, starting from the moment the accident occurs:

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5 Common Causes of Truck Accidents in Georgia

Truck accidents are a significant concern in Georgia, where the convergence of bustling highways, economic hubs, and extensive freight networks creates a high-risk environment for large vehicles.

Understanding the common causes of these accidents is essential for both prevention and response. 

Here, we explore five predominant factors contributing to truck accidents in Georgia.

Driver Fatigue

Overview: Driver fatigue is a leading cause of truck accidents. Long hours on the road, tight delivery
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10 Top Questions to Ask Your Product Liability Lawyer Before Hiring

When dealing with a product liability case, selecting the right lawyer is crucial to the success of your claim. 

This type of legal case can be complex, involving intricate details of product design, manufacturing processes, and consumer safety standards. 

Therefore, it’s essential to have an experienced and knowledgeable lawyer by your side. Here are ten top questions to ask your potential product liability lawyer before making your hiring decision.

What is Your
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Common Types of Product Liability Claims and How to Pursue Them

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. 

When a product is defective or dangerous, consumers have the right to seek compensation through product liability claims

Understanding the types of claims and the legal process involved can empower consumers to protect their rights effectively.

Types of Product Liability Claims

Defective Design

A design defect occurs
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Comprehensive Guide to Navigating Product Liability Lawsuits Successfully

Product liability lawsuits represent a critical intersection of consumer protection and corporate responsibility in the marketplace. 

These legal proceedings arise when individuals are harmed or incur damages due to defective products, holding manufacturers, distributors, and retailers accountable for ensuring product safety. 

Navigating these complex legal waters requires a thorough understanding of product liability law, strategic planning, and meticulous execution. 

This comprehensive guide aims to provide a detailed overview of product
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Understanding Product Liability Law: Key Information for Consumers

Product liability law is a cornerstone of consumer protection, ensuring that products sold in the marketplace are safe for their intended use. 

This guide delves deeper into the nuances of product liability, empowering consumers with essential knowledge to navigate potential risks and legal rights effectively.

Introduction to Product Liability Law

Product liability law holds manufacturers and sellers accountable for ensuring that their products do not cause harm to consumers. 

It encompasses a
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