Personal Injury & Wrongful Death

More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

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THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

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MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
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Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
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HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

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PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
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Medication Errors in Duluth Hospitals: Who’s Really Responsible?

When a loved one is admitted to a hospital, families trust doctors and nurses to deliver the right treatment, follow proper procedures, and monitor medication carefully. 

Yet every year, patients across the United States—and right here in Duluth—suffer harm because of avoidable medication errors. 

These mistakes can lead to severe complications, lifelong injuries, or even death.

When this happens, one question arises: Who is really responsible?

Understanding liability in hospital medication
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Why Personal Injury Settlements in Duluth Differ So Much Between Families

When two families experience similar accidents in Duluth — perhaps both involving a car collision or a tragic loss — it can be shocking to see how personal injury settlements differ dramatically. 

One family may receive what seems like full justice, while another struggles to cover even basic expenses.

At Finch McCranie LLP, we’ve spent decades helping families understand exactly why this happens. Settlement differences aren’t random. 

They’re based
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What If You Feel Fine After an Accident? Duluth Personal Injury Lawyers Warn What Comes Next

You step out of your car after an accident. Your hands are shaking, your heart’s racing—but strangely, you feel fine. 

No pain. No dizziness. No bleeding. You might even think, “I guess I got lucky.”

But according to leading Duluth Personal Injury Lawyers, that momentary calm can be deceiving. 

The body’s natural response to trauma often masks symptoms of serious injury. 

Adrenaline floods the system,
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Can Siblings File a Wrongful Death Claim in Atlanta? What Duluth Families Should Know

When a loved one dies because of another party’s negligence or wrongful conduct, the family may face difficult questions about who has the legal authority to take action.

For siblings in Duluth and Metro Atlanta, one question often arises: Can a brother or sister file a wrongful death claim in Atlanta?

Georgia law limits who may bring a claim, so a sibling’s eligibility depends on the surviving family members and whether the sibling has authority to represent the deceased person’s estate.

Who Can File a Wrongful Death Claim in Georgia?

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Can a Duluth Wrongful Death Attorney Help if There’s No Police Report?

Losing someone you love is one of the hardest experiences a family can endure. 

When that loss happens because of another person’s negligence — a careless driver, a reckless company, or even a medical mistake — it becomes not just painful, but deeply unjust. 

Families want answers. 

They want accountability. 

And they often wonder: 

Can we still take legal action if there’s no
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Truck Accident Lawyer for Spine and Brain Injury Cases in Atlanta

Truck accidents are among the most dangerous types of crashes on the road.

When a semi-truck or 18-wheeler collides with a smaller vehicle, the impact can be devastating — often leading to serious or permanent injuries.

Two of the most life-changing outcomes after a truck crash are spinal cord injuries and traumatic brain injuries (TBIs).

These are not just medical emergencies — they are events that can change a person’s entire future.

If you or a loved one has suffered one of these
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How to Get Medical Help After a Truck Accident with No Insurance in Atlanta

A truck accident can turn your whole life upside down in just a few seconds.

You’re hurt, scared, and worried about what to do next.

But for many people, the biggest question isn’t just about recovery — it’s how to get medical help if you don’t have health insurance.

If you’ve been injured in a truck crash in Atlanta, Georgia, don’t panic.

You still have options. In fact, there are several ways to get the medical care you need and protect your right to compensation
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What Makes Truck Accident Lawsuits Different from Car Accidents in Atlanta?

Not all vehicle accidents are the same.

If you’ve ever seen the aftermath of a truck crash on I-75, I-285, or I-85 in Atlanta, you already know — a semi-truck accident can destroy multiple vehicles in seconds.

But beyond the physical damage, these cases are legally very different from car accidents.

When you’re hit by a commercial truck, the process for getting justice and compensation is far more complex.

That’s why working with an experienced truck accident lawyer in Atlanta can make all the
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What Happens If a Truck Accident Involves a Hazardous Material Spill in Atlanta?

Truck accidents are always serious, but when the truck is carrying hazardous materials, the danger multiplies instantly.

Fires, explosions, and toxic leaks can threaten entire neighborhoods — not just the people involved in the crash.

For victims, this type of accident is terrifying and confusing.

You may be wondering: Who’s responsible for the cleanup, who pays for the damage, and what happens to those injured or exposed?

If you’ve been affected by a hazmat or chemical truck accident in Atlanta, here’s what you need to
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Is a Georgia 18-Wheeler Accident Law Firm Worth Hiring After a Crash?

If you’ve been involved in a crash with an 18-wheeler or commercial truck, your life can change in seconds.

These massive vehicles often weigh up to 80,000 pounds — and when they collide with a passenger car, the results are almost always devastating.

In the aftermath, victims are left with hospital bills, lost wages, and endless phone calls from insurance companies.

So, it’s natural to wonder: Do I really need to hire a Georgia 18-wheeler accident law firm, or can I handle this on my
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