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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Navigating Personal Injury Claims: The Ultimate Guide with FAQs Explained

Accidents and injuries can happen unexpectedly, leaving victims with physical, emotional, and financial burdens.

In such situations, an Atlanta personal injury attorney can be a valuable ally, providing legal expertise and fighting for the rights of the injured.

This article explores the role of a personal injury attorney, reasons to hire one, when to consult them, how to choose the right attorney, and common types of personal injury cases they handle.

What is a Personal Injury Attorney?

A personal injury attorney is a legal

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Tolling of Estate Claim: Understanding the Impact and Implications

In matters of estate planning and distribution, the tolling of estate claims can have significant implications.

Understanding what tolling entails, its process, and its impact on estate distribution is essential for anyone involved in estate matters.

This article aims to shed light on the concept of tolling estate claims, its reasons, the process involved, and its pros and cons.

Understanding Tolling of Estate Claims

What is Tolling?

Tolling is a legal principle that allows for the suspension or extension of the statute of limitations

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What To Do After A Tractor Trailer Accident? – Legal Steps To Take

Experiencing a tractor-trailer accident can be a traumatic and overwhelming event.

Knowing what to do in the aftermath is crucial to protect your rights and ensure you receive the necessary support and compensation.

Here are essential steps to take after a tractor-trailer accident:

Assess The Situation And Prioritize Safety

Immediately after the accident, check yourself and others for injuries.

If anyone is seriously injured, call for medical assistance right away.

Move to a safe location if possible to avoid further harm.

Seek Immediate Medical

Attention

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How Much Are The Fees Of A Medical Malpractice Lawyer?

When pursuing a medical malpractice case, one of the primary concerns for individuals seeking legal representation is the cost. Medical malpractice lawyers‘ fees can vary depending on different factors and fee structures.

The Basics Of Medical Malpractice Lawyers’ Compensation

Medical malpractice lawyers typically get paid through various fee arrangements. The most common fee structures include contingency fees, hourly rate billing, and retainers with expenses.

Understanding Contingency Fee Arrangements

Contingency fees are a prevalent arrangement in medical malpractice cases. With this approach, the lawyer only

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How To Sue For Medical Malpractice? A Step-By-Step Guide

If you or a loved one has experienced medical malpractice, taking legal action might be necessary to seek compensation for the damages. However, the process of suing a doctor for medical malpractice can be complex. This step-by-step guide will help you understand what to do if you find yourself in such a situation.

Why Is It Important To Seek Legal Representation?

Before delving into the steps of suing for medical malpractice, it’s crucial to emphasize the importance of seeking legal representation. Medical malpractice cases

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What Is the Most Common Type of Lift Truck Accident?

Lift truck accidents can lead to severe injuries and even fatalities if proper precautions are not taken. 

Understanding the most common types of lift truck accidents is crucial for promoting safety in workplaces that utilize these vehicles. 

In this article, we will explore the various factors related to lift truck accidents, including their causes, types, legal implications, prevention measures, and the role of a truck accident lawyer.

Common Causes of Lift Truck Accidents

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How To Win A Medical Malpractice Lawsuit: Expert Legal Advice

If you or a loved one has experienced medical malpractice, you may be wondering how to win a medical malpractice case and seek justice.

Navigating the legal system can be overwhelming, but with the right approach and expert legal advice, you can increase your chances of a successful outcome.

In this article, we will explore the different types of medical malpractice lawsuits, how to prove medical malpractice, and the essential steps to succeeding in your medical

malpractice suit.

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What Do Medical Malpractice Lawyers Do? – What To Expect

If you’ve experienced harm or injury due to medical negligence, a medical malpractice lawyer can be your advocate and guide throughout the legal process.

These lawyers specialize in handling cases involving medical errors, ensuring that victims receive the compensation they deserve.

Let’s delve into the role of medical malpractice lawyers and the benefits of hiring one.

The Role Of Medical Malpractice Lawyers

Investigating Medical Negligence Claims

Medical malpractice lawyers investigate the details surrounding a potential case, reviewing medical records, consulting with medical experts, and

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How To Prove Medical Malpractice Claim? – Your Legal Guide

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

Proving medical malpractice can be complex and challenging, requiring a thorough understanding of the legal requirements and the ability to gather compelling evidence.

In this article, we will provide a comprehensive legal guide on how to prove medical malpractice.

From understanding the elements of a malpractice claim to gathering evidence and navigating the legal process, we’ll cover everything you need to know.

How To Prove Medical Malpractice Claim?
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How To Find A Medical Malpractice Attorney? – A Quick Guide

When faced with a potential medical malpractice case, finding the right attorney is crucial to navigate the complex legal landscape & seek justice for any harm or injuries suffered.

In this panoramic guide, we will explore the steps you can take to find a reputable medical malpractice attorney who can effectively represent your interests.

From researching potential attorneys to evaluating their experience and expertise, we will equip you with the knowledge to make an informed decision and empower you in your pursuit of justice.

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