Personal Injury & Wrongful Death

Sovereign Immunity Precludes Many Valid Lawsuits

Many state, county, and local governments are protected from lawsuits even though their employees may have been extremely negligent in causing severe injuries to innocent citizens. In most instances, the doctrine of sovereign immunity precludes a lawsuit against these entities, unless the governing body, such as the legislature, has waived the protection of sovereign immunity. Even when there has been a waiver, it is generally restricted to a maximun amount of recovery.
For example, in a ruling involving last summers deadly Comair plane crash at
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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,
(more…)

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
(more…)

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
(more…)

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
(more…)

How an Experienced Wrongful Death Lawyer Handles Drowning Cases

The loss of a loved one in a drowning can leave a family with difficult questions about what occurred and whether someone could have prevented the incident. 

A swimming pool, lake, dock, boat, or other water setting may appear safe, yet failures involving supervision, maintenance, access control, or emergency response can create serious risks.

An experienced wrongful death lawyer near me in Duluth can examine the circumstances surrounding a fatal drowning and help determine whether another person, property owner, company, or organization may be legally responsible. 

This process requires more than identifying a dangerous condition. The evidence must connect the actions or inaction of a responsible party to the death.

(more…)

How Wrongful Death Lawyers Handle Workplace Accident Claims

A fatal workplace accident can leave families with difficult questions about workers’ compensation, employer responsibility, third-party negligence, and whether a wrongful death case may be possible.

When families search for wrongful death lawyers, they are often looking for more than a legal title. 

They need someone who can explain the process clearly, investigate what happened, and determine whether Georgia law allows a claim beyond workers’ compensation benefits. 

Finch McCranie LLP helps families in Atlanta and across Georgia review potential wrongful death claims after fatal workplace accidents.

These cases require careful attention because a workplace death may involve employment law, workers’ compensation rules, workplace safety issues, insurance coverage, and possible claims against third parties.

No two cases are exactly the same. The legal options depend on the facts of the accident, the person’s employment status, the cause of death, who may be responsible, and what evidence is available.

Can a Family File a Wrongful Death Claim After a Workplace Accident?

A family may be able to file a wrongful death claim after a fatal workplace accident, but the available legal options depend on the circumstances of the incident.

(more…)

The Challenges of Managing a Truck Accident Case Without Legal Help

Truck accidents are often more complicated than ordinary car crashes. 

A collision involving a tractor-trailer, 18-wheeler, or commercial truck may involve severe injuries, multiple insurance policies, trucking regulations, and several potentially responsible parties. 

While an injured person may have the right to handle a claim without an attorney, managing a truck accident case alone can create significant challenges.

The aftermath of a serious truck accident is already overwhelming. You may be dealing with medical treatment, lost income, vehicle damage, and uncertainty about your recovery. 

At the same time, you may be expected to communicate with insurance companies, collect evidence, determine who was responsible, and calculate the full value of your losses.

Understanding the difficulties of handling a truck accident claim alone can help you make an informed decision about whether professional legal guidance may be appropriate.

Can You Handle a Truck Accident Case Without a Lawyer?

In many situations, you have the legal right to pursue your own insurance claim or represent yourself in a personal injury lawsuit. 

However, the fact that you can handle a truck accident case alone does not necessarily mean it is the best option.

(more…)

Rules to Follow When Filing with a Wrongful Death Lawsuit Lawyer Near Me in Atlanta

A wrongful death lawsuit is not something families should file based on assumption, frustration, or incomplete information.

When a preventable death may involve medical malpractice, a truck accident, unsafe conduct, or another serious failure, the legal process must be handled carefully from the beginning.

Many families search for a wrongful death lawsuit lawyer near me because they want local guidance, clear answers, and help understanding whether Georgia law may support a claim.

(more…)

Should I Choose the Best Lawyers for Wrongful Death in Duluth for Monetary Compensation?

The best lawyers for wrongful death are not chosen only because they promise compensation. 

They are chosen because they know how to investigate a preventable death, prove legal responsibility, document the full value of the claim, and protect families from insurance companies that may try to reduce or deny recovery. 

After a preventable death in Duluth, families often face sudden expenses, unanswered questions, and pressure to make decisions before the facts are clear.

(more…)

Affordable Wrongful Death Lawyer in Atlanta with No Upfront Fees

An affordable wrongful death lawyer in Atlanta can help families pursue justice after a preventable death without requiring upfront legal fees before the case begins. 

When a family is already facing funeral expenses, medical bills, loss of income, insurance calls, and sudden uncertainty, the cost of hiring a lawyer should not become another barrier to getting answers.

Wrongful death cases are serious. They may involve fatal truck accidents, medical malpractice, unsafe conduct, or other preventable circumstances where another person, company, hospital, or responsible party may be legally accountable. 

(more…)

Medical Malpractice Lawyer in Duluth, GA and How to Find the Right Attorney for Your Case

A medical malpractice lawyer  in Duluth is usually not the first thing patients search for when medical care goes wrong. 

First, they want answers. Why did the condition get worse? Why was the diagnosis delayed? 

Why did a routine treatment lead to serious harm? Why does the explanation from the hospital or doctor feel incomplete?

(more…)

How to Prove Wrongful Death Evidence Causation and the Legal Burden of Proof

How to prove wrongful death is one of the most important questions families ask when a preventable death raises concerns about negligence, unsafe conduct, medical malpractice, or a fatal accident. 

A wrongful death case is not proven by suspicion alone. It must be built through evidence, legal causation, damages documentation, and a clear explanation of why the responsible party should be held accountable under Georgia law.

Families may know that something feels wrong, but they may not know what evidence matters or how the legal process works. 

(more…)

How Do I Find the Best Truck Accident Lawyer in Duluth After a Crash

A truck accident lawyer in Duluth crash victims contact after a serious collision can help protect evidence, deal with trucking insurers, and determine who may be legally responsible for the harm caused. 

After a crash involving a tractor-trailer, delivery truck, dump truck, or other commercial vehicle, the process can quickly become more complicated than a standard car accident claim.

Truck accident cases often involve corporate defendants, multiple insurance policies, federal safety rules, driver logs, vehicle maintenance records, electronic data, cargo loading issues, and aggressive insurance defense teams. 

(more…)

Duluth Misdiagnosis Lawyers: Protecting Patients from Medical Errors

A misdiagnosis lawyer Duluth patients can contact after a wrong or delayed diagnosis becomes important when medical answers come too late, treatment goes in the wrong direction, or a patient’s condition becomes worse because key symptoms were missed. 

Patients trust doctors, hospitals, emergency rooms, specialists, and clinics to listen carefully, order the right tests, review results, and take the next reasonable step when symptoms point to something serious.

When that process fails, the impact can be life-changing. A patient may receive treatment for the wrong condition. A serious illness may progress.

(more…)
Secret Link