Personal Injury & Wrongful Death

Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
(more…)

Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

(more…)

Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
(more…)

Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

(more…)

Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
(more…)

Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

(more…)

Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
(more…)

Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

(more…)

Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

(more…)

Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
(more…)

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
(more…)

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
(more…)

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,
(more…)

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?

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

Secret Link