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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Hidden Policy Clauses That May Void Your Wrongful Death Claim

Losing a loved one unexpectedly is heartbreaking.

Families often file wrongful death claims to obtain justice and financial security when the loss was caused by the negligence of another person.

However, many families happen to discover that an insurance policy they thought would cover them has hidden provisions that might cancel or significantly restrict their claim.

At Finch McCranie LLP, our wrongful death attorneys routinely help clients navigate these complicated policy
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Missed the Wrongful Death Claim Time Limit? Here’s What You Can Still Do

Losing a loved one due to someone else’s negligence is deeply traumatic.

For a specific amount of time, Georgia law permits surviving family members to file a wrongful death claim One essential legal deadline is the statute of restrictions.

You can destroy your right to fight for justice if you miss it. You can lose your right to seek justice if you miss it.

At Finch McCranie LLP, many clients come to us worried they’ve waited too
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Why Hiring a Commercial Truck Accident Lawyer Is Crucial After a Delivery Crash

Introduction

Delivery trucks are everywhere—thanks to e-commerce, gig work, and next-day delivery expectations. 

With more commercial vehicles crowding city streets and rural roads alike, the risk of serious accidents has escalated. 

These aren’t simple fender benders. Delivery truck crashes often involve devastating injuries, destroyed property, and complex legal entanglements. 

Victims may face corporate insurance providers, legal teams, and massive trucking companies determined to avoid liability. 

If you’ve
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How a Truck Accident Can Affect Your Life for Years—Unless You Take Action

A truck accident isn’t just a momentary incident—its aftermath can ripple through your life for years. Here’s what you should know:

  • Truck accidents often result in long-term physical injuries and emotional trauma.
  • Victims frequently face disruptions to work, finances, and relationships.
  • Without legal action, many suffer in silence with mounting bills and lost opportunities.
  • Truck accident lawyers can help secure justice and
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Truck Accident Case: Impact, Recovery, and Lawyer

Truck accidents are devastating, both physically and emotionally. 

They bring life to a halt and create a maze of medical, legal, and insurance-related challenges. 

This article offers a clear roadmap through the chaos—focusing on the impact of the accident, the recovery process, and how the right truck accident attorney can make all the difference.

You’ll learn what steps to take after a crash, what legal pitfalls to avoid, and how a leading truck accident law firm like
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Should You Hire a Local Medical Malpractice Lawyer?

When you’re dealing with the pain, stress, and confusion of a medical error, hiring the right legal help can make all the difference.

But one of the first questions you might face is: Should you hire a local medical malpractice lawyer? The short answer is—yes, and here’s why.

A local medical malpractice lawyer offers more than just legal representation—they bring proximity, familiarity with your local healthcare providers, and crucial knowledge of your state’s legal system.

These benefits often lead to a more responsive, more personalized,
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Malpractice in Atlanta Georgia | Medical Law, Liability & Claims

Introduction

Medical care is built on trust. When you see a doctor or visit a hospital in Atlanta, you expect to receive competent, ethical treatment. 

But what happens when that trust is broken? 

Medical errors can lead to long-term suffering, disability, or even loss of life. 

In such cases, a medical malpractice lawyer plays a vital role in seeking justice.

This article explores what defines malpractice, the types of claims, and how malpractice
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How Much Compensation Can a Medical Malpractice Lawyer Get You?

When you suffer harm due to medical negligence, your life can change in an instant. 

From unexpected surgeries to long-term rehabilitation, the consequences can be devastating. 

In such situations, seeking legal representation becomes essential—not just for justice, but to ensure you receive fair compensation. 

One of the first questions many victims ask is: how much compensation can a Medical Malpractice Lawyer get you?

Understanding the scope of damages, how
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How Do I Know If I Have a Medical Malpractice Case?

When we turn to healthcare professionals, we expect compassion, professionalism, and a high standard of care. 

Unfortunately, that isn’t always what we receive. 

Medical malpractice occurs when a healthcare provider deviates from the accepted standards of practice, leading to harm, injury, or death. 

But how do you know if your experience qualifies as a medical malpractice case? 

Understanding the legal, medical, and procedural aspects is key.

In
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Common Types of Wrongful Death Cases and How Lawyers Handle Them

Losing someone we love is very hard, especially if their death could have been prevented.

A wrongful death happens when someone dies because another person or a company was careless or did something wrong.

In these sad cases, the family of the person who died can go to a lawyer for help.

Let’s learn more about what wrongful death means, the common types of cases, and how lawyers help families during these tough times.

What
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