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 Lawyers: Navigating Legal Challenges in Healthcare

Medical malpractice is a complex issue that can have serious implications for patients and their families.

In Atlanta, where access to quality healthcare is crucial, having the right legal guidance is essential.

This article delves into the world of Atlanta Medical Malpractice Lawyers, their role in navigating legal challenges in healthcare, and how they can help victims seek justice.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.

It can encompass misdiagnosis, surgical errors,

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Filing A Federal Tort Claims Act Case

In the realm of legal proceedings, understanding the nuances of filing a Federal Tort Claims Act (FTCA) case can be a complex but crucial endeavor.

Whether you’ve suffered injury, property damage, or any form of harm due to the actions of a federal government employee, the FTCA provides a path for seeking compensation.

This article delves into the process of filing an FTCA case, offering insights and guidance every step of the way.

Understanding the Federal Tort Claims Act

The FTCA is rooted in

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Atlanta Medical Malpractice Lawyers: Justice for Medical Negligence

When medical care falls short of the expected standards, patients can suffer severe consequences.

Atlanta medical malpractice lawyers play a crucial role in advocating for victims of medical negligence.

In this article, we’ll delve into the responsibilities of these legal professionals, the process of pursuing a medical malpractice case, and how their expertise ensures justice for those who have suffered harm due to medical errors.

Understanding Medical Malpractice

Defining Medical Malpractice

Medical malpractice refers to the negligence of healthcare professionals or facilities in providing

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Seeking Justice: Atlanta’s Dedicated Medical Malpractice Lawyers

When medical professionals make mistakes, the consequences can be devastating.

In Atlanta, medical malpractice lawyers are here to provide support and guidance for individuals and families who have suffered due to medical negligence.

With their expertise and commitment to justice, these lawyers play a crucial role in ensuring that victims receive the compensation they deserve.

Navigating Medical Malpractice Claims with Expert Guidance

Understanding Medical Malpractice: Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm to a patient.

This can encompass

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Navigating Legal Waters: Your Guide to Atlanta Car Accident Lawyers

Car accidents can leave a trail of physical, emotional, and financial turmoil in their wake.

When dealing with the aftermath of a car accident in Atlanta, having the support of experienced car accident lawyers can make all the difference.

In this comprehensive guide, we’ll delve into the importance of Atlanta car accident lawyers, what to consider when hiring one, and how they can help you secure the justice and compensation you deserve.

Understanding Atlanta Car Accident Lawyers: Your Advocates in Tough Times

Why Are

Car Accident Lawyers Essential?

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Navigating Legal Challenges: Unveiling the Expertise of Atlanta Trial Lawyers

Legal matters can be intricate, daunting, and emotionally taxing.

Whether you’re facing a personal injury claim, a complex business dispute, or a criminal charge, having a skilled and experienced trial lawyer by your side can make all the difference.

In Atlanta, a city bustling with legal complexities, the expertise of trial lawyers is an invaluable asset.

Let’s delve into the realm of Atlanta trial lawyers, understanding their roles, the cases they handle, and the impact they make in the pursuit of justice.

The Role

of Atlanta Trial Lawyers

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Unveiling Truth: Navigating Whistleblower Cases with an Atlanta Whistleblower Lawyer

If you find yourself in a situation where you’ve uncovered unethical or illegal activities within a company, you might be facing a moral dilemma.

Reporting corporate misconduct is crucial for upholding ethical standards, but it can also be daunting, given potential repercussions.

This is where an Atlanta whistleblower lawyer comes into play.

In this article, we’ll delve into the world of whistleblower cases, the importance of legal protection, and the role an Atlanta whistleblower lawyer plays in ensuring justice prevails.

Understanding Whistleblower Cases:

Whistleblower

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The Prosecution of PPP Fraud: Understanding the Legal Implications 

The Paycheck Protection Program (PPP) was a crucial lifeline for businesses during the COVID-19 pandemic, providing much-needed financial relief to keep their doors open and employees paid.

However, with the speed at which the program was rolled out, it also became a breeding ground for fraudsters looking to exploit the system for personal gain.

PPP fraud prosecution has since become a pressing issue, with authorities working tirelessly to identify and hold those responsible accountable.

Overview of PPP Fraud

PPP loan fraud has been on

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Atlanta Securities Enforcement Lawyers: Protecting Your Investments and Interests

Navigating the complex world of securities law in Atlanta can be a daunting task, whether you are an individual investor or a business owner.

In such cases, the expertise of Atlanta securities enforcement lawyers becomes invaluable.

These legal professionals specialize in securities enforcement law, representing clients in cases related to securities fraud, insider trading, compliance issues, and more.

Let’s delve into the world of securities enforcement law and understand the role these lawyers play in safeguarding your investments and interests.

Understanding Securities Enforcement Law

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Crucial Steps to Compensation: Atlanta Car Accident Lawyers at Your Service

If you’ve been involved in a car accident in Atlanta, follow these crucial steps to ensure you protect your rights and maximize your chances of receiving fair compensation:

  1. Safety First: Check yourself and others for injuries and move to a safe location if possible.
  2. Call for Help: Dial 911 to report the accident and request medical assistance if needed.
  3. Gather Information: Exchange contact and insurance details with the other driver(s) involved. Also, gather contact information from any witnesses.
  4. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
  5. Report to the Police: File a police report and obtain a copy for your records.
  6. Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify hidden injuries.
  7. Notify Your Insurance Company: Report the accident to your insurance company, providing factual information without admitting fault.
  8. Consult with an Atlanta Car Accident Lawyer: Contact an experienced car accident lawyer in Atlanta to discuss your case and understand your legal options.
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