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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Steps to Take After a Truck Accident: A Guide to Protecting Your Rights

Truck accidents can be overwhelming and traumatic experiences, often resulting in significant property damage, severe injuries, and even fatalities. 

The aftermath of such an incident is a critical time to ensure your rights are protected. 

Here’s a detailed guide on the steps you should take immediately after a truck accident to safeguard your legal and financial interests.

Ensure Safety and Seek Medical Attention

Prioritize Safety: The first and foremost step
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The Role of a Commercial Truck Accident Lawyer: What You Need to Know

Commercial truck accidents are among the most devastating types of road accidents due to the sheer size and weight of these vehicles. 

When a commercial truck is involved in an accident, the consequences can be catastrophic, resulting in severe injuries, significant property damage, and even fatalities. 

Navigating the aftermath of such an accident requires specialized legal expertise. 

This is where a commercial truck accident lawyer plays a crucial role. Here’s
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Warning: The Top 7 Signs You’re a Victim of Medical Malpractice

Medical malpractice is a serious issue that can have life-altering consequences for patients. 

When healthcare providers fail to meet the standard of care expected in their profession, patients can suffer harm. 

Recognizing the signs of medical malpractice is crucial for protecting your health and seeking justice if you’ve been a victim. 

Here are seven warning signs that you may be a victim of medical malpractice:

Unusual Complications or Symptoms

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Common Challenges in Product Liability Cases and How Law Firms Overcome Them

Product liability cases involve legal disputes arising from damages or injuries caused by defective products. 

These cases are crucial in holding manufacturers, distributors, and retailers accountable for ensuring the safety and efficacy of their products. 

The complexities inherent in product liability cases pose significant challenges for law firms, requiring specialized strategies and expertise to navigate successfully. 

This article delves into the everyday challenges encountered in product liability cases and explores
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Types of Product Liability Cases Handled by Experienced Law Firms

Product liability cases are a vital aspect of consumer protection and legal accountability. 

When products fail to meet safety standards or cause harm due to defects, consumers have the right to seek compensation for their injuries. 

Experienced law firms specialize in navigating the complexities of product liability law, representing clients in a wide range of cases. 

This article explores the various types of product liability cases handled by seasoned
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Critical Factors in Determining Liability: Insights from Product Liability Law Experts

Product liability cases are complex legal matters that require a deep understanding of various factors to determine liability. 

From defective products to inadequate warnings, numerous aspects must be carefully examined by legal experts. 

In this article, we delve into the key factors that play a pivotal role in determining liability in product liability cases, drawing insights from experts in product liability law.

Product Defects: 

One of the primary
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The Legal Process of Pursuing a Medical Injury Claim: A Lawyer’s Perspective

Pursuing a medical injury claim can be a complex and daunting process. 

From the initial recognition of harm to the final settlement or court verdict, each step requires careful navigation of legal principles, medical facts, and procedural rules. 

Here, we will outline the legal process of pursuing a medical injury claim from a lawyer’s perspective, providing insight into what plaintiffs can expect and how they can effectively manage their cases.

Understanding Medical
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Choosing the Right Representation: What to Look for in a Medical Injury Lawyer

Navigating the aftermath of a medical injury can be daunting and emotionally overwhelming. 

When you or a loved one has suffered due to medical negligence, finding the proper legal representation is crucial to ensure you receive the compensation and justice you deserve. 

However, choosing the right medical injury lawyer requires careful consideration of several vital factors. 

This article outlines what to look for in a medical injury lawyer to help
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Common Myths About Truck Accident Claims Debunked

Truck accidents can be devastating, often resulting in severe injuries, property damage, and even loss of life. 

In the aftermath of such accidents, navigating the legal process to file a claim can be overwhelming. 

Unfortunately, there are several myths and misconceptions surrounding truck accident claims that can further complicate matters for victims. 

In this article, we debunk some of the most common myths associated with truck accident claims to provide clarity
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Key Steps in Building Your Truck Accident Case with Your Lawyer

Truck accidents can be devastating, resulting in serious injuries, property damage, and even loss of life. 

When you’re involved in a truck accident, navigating the legal process can be complex and overwhelming. 

Building a solid case with the help of a skilled lawyer is crucial to ensuring you receive the compensation you deserve. 

In this article, we’ll outline the critical steps in building your truck accident case with your lawyer.
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