Finch McCranie, LLP

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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Medical Malpractice Settlements: Understanding Your Rights and Options

Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.

Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.

In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care

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Protecting Your Rights: Pursuing Medical Malpractice Claims

In today’s world, medical malpractice is an unfortunate reality that many individuals may face.

When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.

However, medical errors can and do occur, sometimes leading to serious harm or even death.

In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.

This article will guide you through the process of protecting your rights when faced with medical malpractice.

Understanding Medical Malpractice

What

is Medical Malpractice?

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Medical Procedure Error: Understanding, Prevention, and Legal Implications

Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.

However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.

In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.

What Are Medical Procedure Errors?

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Atlanta Injury Law Firm: Your Trusted Legal Partner

In today’s fast-paced world, accidents can happen when you least expect them.

Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.

That’s where an Atlanta injury law firm comes into play.

In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.

Understanding Personal Injury Law

Before delving into the

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Medical Errors Compensation: Understanding Your Rights and Options

In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.

While medical professionals strive for excellence in their practice, errors can still occur.

In such cases, it is crucial for patients to understand their rights and options for seeking compensation.

This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical

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Understanding Medical Errors Compensation: Navigating a Complex Landscape

In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.

These errors, though unintentional, can have serious consequences for patients and their families.

To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.

In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.

Medical errors are incidents in healthcare that

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Atlanta Accident Lawyer: Your Guide to Legal Support After an Accident

In the bustling city of Atlanta, accidents can happen at any moment.

Whether it’s a car collision, slip and fall incident, or workplace mishap, the consequences can be overwhelming.

This article serves as your comprehensive guide to understanding the role of an Atlanta accident lawyer and how they can provide the necessary legal support in times of crisis.

Understanding Personal Injury Law

To comprehend the significance of an Atlanta accident lawyer, it’s crucial to delve into the realm of personal injury law.

This

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Understanding the Role of a Dangerous Product Attorney

In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.

While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.

In such challenging circumstances, the services of a skilled and experienced professional become indispensable

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Product Liability Claim: Protecting Your Rights as a Consumer

In today’s consumer-driven world, we rely on various products for our daily needs.

From electronics to household appliances, automobiles to toys, we trust that these products are safe for use.

However, sometimes, products can malfunction or pose unexpected dangers, leading to injuries or damages.

In such cases, a product liability claim becomes crucial to protect your rights as a consumer.

Understanding Product Liability

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused

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Personal Injury Attorney Georgia: Navigating Legal Waters After an Accident

When life takes an unexpected turn and an accident leaves you injured, it’s essential to understand your rights and options.

In the state of Georgia, personal injury cases are subject to specific laws and regulations.

Whether you’ve been in a car accident, suffered a slip and fall, or experienced any other form of personal injury, having the right information is crucial for making informed decisions.

In this article, we’ll delve into the intricacies of personal injury cases in Georgia and the role of a

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