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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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.

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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.

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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.

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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.

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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.

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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. 

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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?

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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. 

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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. 

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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.

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