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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Why Finch McCranie Is the Trusted and Affordable Truck Accident Lawyer in Atlanta

If you’ve been involved in a truck accident in Atlanta, securing the right truck accident lawyer is crucial for a successful case.

The complexities of truck accident claims, from the size and weight of commercial vehicles to the multiple parties involved, require specialized legal expertise.

This is where Finch McCranie stands out as the trusted and affordable truck accident lawyer in Atlanta.
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Accident Attorney for Wrongful Death: Understanding the Two Types of Cases and How to Find the Right Lawyer

If you’ve lost a loved one due to an accident, hiring the right accident attorney for wrongful death can make a significant difference in securing the compensation you deserve. 

Wrongful death cases are complex and emotional, requiring a skilled lawyer who understands both the legal intricacies and the emotional aspects of such cases. 

In this blog, we will discuss the two main types of wrongful death cases and provide guidance on how to choose the
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How a Medical Negligence Lawyer Near Me in Atlanta Can Help You Recover After an Inciden

If you’ve been affected by medical negligence, choosing a medical negligence lawyer near me in Atlanta is crucial to help you navigate the complex legal process and recover the compensation you deserve. 

Whether it’s a failure in diagnosis, improper treatment, or negligence in aftercare, a skilled lawyer can ensure your rights are protected and you receive the justice you deserve.

What is Medical Negligence and Why Does It Matter?

Medical negligence occurs when a healthcare
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What Makes a Local 18-Wheeler Accident Lawyer near me in Atlanta Your Best Choice

If you’ve been involved in an 18-wheeler accident, choosing a local 18-wheeler accident lawyer near me in Atlanta can significantly impact the outcome of your case. 

Local lawyers are not only familiar with state laws but also understand the intricacies of Atlanta’s roads, local court systems, and trucking industry regulations.

This blog explores why hiring a local 18-wheeler accident lawyer is essential to securing the best possible outcome for your case.

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Why Medical Malpractice Lawyers Are the Unsung Heroes Defending Patient Rights

Medical malpractice lawyers are often the unsung heroes of the legal world, playing an essential role in protecting the rights of patients who have suffered due to negligence by healthcare providers.

We stand as the advocates for victims, fighting tirelessly to ensure justice is served and fair compensation is secured for the harm caused.

What is Medical Malpractice and Why Does It Matter?

Medical malpractice occurs when a healthcare provider’s actions or failure to act falls below
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How the Best Semi-Truck Wreck Lawyers in Atlanta Navigate Complex Trucking Accidents

If you’ve been involved in a semi-truck accident, securing the best semi-truck wreck lawyer in Atlanta is paramount to getting the compensation you deserve. 

Semi-truck accidents are often much more complex than typical vehicle collisions, with various factors at play, including federal regulations, multiple parties involved, and severe injuries.

A skilled lawyer specializing in trucking accidents will be essential to navigating these complexities and ensuring you receive the maximum compensation for
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Medical Malpractice Attorney vs. Defense Lawyer: A Guide to Their Roles and Responsibilities

When it comes to handling medical malpractice cases, understanding the differences between a medical malpractice attorney vs. defense lawyer is crucial for knowing which side of the legal battle you’re on. 

Whether you are the victim of medical malpractice or facing accusations as a healthcare provider, knowing the distinct roles and responsibilities of both types of lawyers is key to navigating your legal journey.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to the patient. 

Common examples include misdiagnosis, surgical errors, medication mistakes, and more. 

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How Medical Malpractice Lawyers Can Help Build a Solid Case for You

If you’ve been affected by medical malpractice, hiring a medical malpractice lawyer near you is crucial for seeking justice and building a solid case. 

Medical malpractice can cause devastating harm, and without expert legal assistance, navigating the complex legal system can be overwhelming. 

In this blog, we’ll explore how a skilled lawyer can help you build a strong medical malpractice case and maximize your chances of compensation.

What is Medical Malpractice?

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Why, When, and How to Hire the Best 18-Wheeler Accident Lawyers in Atlanta

If you or a loved one has been involved in an 18-wheeler accident in Atlanta, you understand the gravity of the situation. 

These accidents often result in severe injuries and devastating losses, leaving victims struggling to recover. 

Hiring the best 18-wheeler accident lawyer in Atlanta can make a significant difference in the outcome of your case.

In this blog, we will explain why it’s crucial to work with a skilled 18-wheeler accident lawyer
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Fight for your rights with Top Atlanta Tractor-Trailer Accident Law Firm In Atlanta, GA

If you’ve been involved in a tractor-trailer accident in Atlanta, you know just how overwhelming the aftermath can be. 

Tractor-trailer accidents are among the most severe types of collisions due to the size and weight of these vehicles.

The injuries can be catastrophic, and the process of seeking justice and compensation often feels daunting. 

That’s where the expertise of a top Atlanta tractor-trailer accident law firm comes in.

Choosing the
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