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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What Type of Attorney Do You Call If You’re Injured in a Truck Accident?

A truck accident lawyer focuses on injury claims involving commercial trucks, tractor-trailers, and other large commercial vehicles. 

Truck accidents differ significantly from standard car crashes due to the size of the vehicles, the severity of injuries, and the number of parties involved. 

These cases require legal representation with experience in trucking regulations, corporate liability, and complex investigations.

Selecting the correct type of attorney after a truck crash can directly affect how evidence is
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When Is a Misdiagnosis Medical Malpractice? What’s Included and Legal Standards Explained

Misdiagnosis medical malpractice occurs when a healthcare provider makes a diagnostic error that falls below accepted medical standards and directly causes harm to a patient. 

Diagnostic mistakes happen across many medical settings, but only certain errors meet the legal definition of malpractice.

Not every medical misdiagnosis leads to legal responsibility. Courts focus on whether the provider acted negligently and whether that negligence caused measurable injury. 

This article explains when a misdiagnosis qualifies as
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When Medical Care Goes Wrong in Duluth: How a Malpractice Attorney Can Help

Medical malpractice is a serious issue that can cause lasting physical, emotional, and financial harm. 

When healthcare professionals fail to meet the standard of care, patients may experience complications, worsened conditions, or even death. 

If you or a loved one has been affected by medical malpractice in Duluth, a medical malpractice attorney can help you understand your legal rights and pursue the compensation you deserve.

What is Medical Malpractice?

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Why You Should Hire a Truck Accident Lawyer in Atlanta

Truck accidents in Atlanta are often far more complex than regular car accidents, involving larger vehicles, stricter regulations, and more severe consequences. 

If you or a loved one has been injured in a truck accident, hiring an experienced truck accident lawyer in Atlanta is essential for navigating the complexities of both the legal system and the trucking industry. 

At Finch McCranie LLP, we offer dedicated legal representation to ensure that your rights are
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Why Trucking Accidents Are a Serious Issue and When to Contact an Attorney

Trucking accidents are a serious issue that can lead to catastrophic injuries, lengthy recoveries, and overwhelming financial burdens. 

Unlike typical vehicle accidents, trucking accidents often involve larger vehicles that cause more significant damage, both to property and people. 

If you’ve been involved in a truck accident, understanding the severity of the situation and knowing when to contact an attorney can make all the difference in ensuring you receive the compensation you deserve.

What
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After a Serious Truck Accident in Atlanta: When to Hire an Attorney

If you’ve been involved in a serious truck accident in Atlanta, it’s essential to consider hiring a truck accident lawyer in Atlanta. 

These accidents often involve complex legal issues, and navigating the aftermath without expert legal representation can lead to missed opportunities for full compensation. 

A skilled attorney can help ensure your rights are protected and that you receive the justice and financial support you deserve.

Why a Truck Accident is Different from
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Truck Rollover Accidents in Duluth: Causes, Risks, and Why an Attorney Can Help

Truck rollover accidents in Duluth GA represent some of the most devastating and legally complex motor vehicle collisions on Georgia roadways. 

When a large commercial truck tips onto its side or roof, the sheer weight and force involved can cause catastrophic injuries, multi-vehicle pileups, and life-altering consequences for everyone involved.

Duluth sees consistent commercial truck traffic due to its access to major highways, local distribution routes, and nearby industrial and commercial centers. 

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Patient Dissatisfied with  Rhinoplasty: when to contact a medical malpractice attorney

A rhinoplasty medical malpractice attorney is often consulted when post-surgical outcomes raise questions about professional standards rather than cosmetic preference.

Rhinoplasty is a complex surgical procedure that affects both appearance and breathing function, and while dissatisfaction alone does not establish malpractice, certain outcomes may signal medical negligence rather than aesthetic disappointment.

From a legal standpoint, cosmetic surgery is held to the same professional standards as any other medical procedure. 

When preventable errors, poor technique, or
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What Evidence Is Needed to Win a Medical Malpractice Negligence Case?

Evidence needed to win a medical malpractice negligence case determines whether a claim survives investigation, withstands defense challenges, and succeeds at trial. 

Medical malpractice cases are not won by pointing to a bad outcome or a patient’s belief that something went wrong. 

They are won by assembling precise, credible evidence that proves negligence caused measurable harm.

From a litigation standpoint, malpractice cases rise or fall on documentation, expert analysis, and the ability to
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Signed a Consent Form but the Surgery Went Wrong? Understanding Medical Malpractice

Signed a consent form medical malpractice issues often surface after a surgical procedure results in serious injury or loss of life. 

Families are frequently told that the outcome was an accepted risk, leaving them unsure whether legal action is even possible.

In personal injury and wrongful death cases, however, the presence of a consent form does not end the legal inquiry.

From an injury law perspective, the critical question is not whether a patient signed
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