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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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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