Finch McCranie, LLP

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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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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