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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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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