Personal Injury & Wrongful Death

Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
(more…)

What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
(more…)

Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
(more…)

Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
(more…)

Filing A Federal Tort Claims Act Case Against the United States

As is true of any other claim against the Federal Government, if a tort has been committed for which a government employee was negligent which caused injury or damages to an innocent third party, the procedures of the Federal Tort Claims Act govern the claim. A Standard Form 95 with all supporting documents needs to be filed with the appropriate government agency involved before the expiration of two years. Regardless of the agency involved, the form must to be received by the appropriate agency/department.
(more…)

Legal Liability For Emergency Vehicle Negligence

In urban America it is not uncommon to see speeding government vehicles heading toward a variety of locations. Whether the emergency vehicle be a fire truck, an ambulance or police vehicle this is a common day occurrence in places like Atlanta. Regrettably, during some of these responses, the emergency vehicles collide with innocent motorists. When this happens, obviously, the issue is whether there is legal liability for the operator of the emergency vehicle/government.
Under O.C.G.A. § 40-6-6, emergency vehicles are permitted to disregard traffic rules
(more…)

Innocent Passengers Involved In Police Chases Can Sue

On March 28 of this year, the Georgia Court of Appeals held that innocent passengers unwittingly involved in a high speed pursuit case can sue the police for damages caused, in part, by a reckless disregard of proper police procedure. In so ruling, the Court of Appeals noted that the police pursuit statute found at O.C.G.A. § 40-6-6(d)(2) was enacted by the Georgia Legislature to protect the rights of the innocent. Whether an innocent person is either inside or outside of a vehicle is not relevant. The question is, whether the injured party filing a claim against the police was innocent of wrongdoing. If innocent, whether a passenger inside the vehicle or a pedestrian outside the vehicle or any other third party, the Georgia Court of Appeals held that such a person could bring a claim, again, provided they were innocent and were injured, in part, by a reckless disregard of proper police procedure.

(more…)

The Value Of Demonstrative Evidence

There is an old saying that a picture is worth a thousand words. In legal cases presented to a jury, this is particularly true. If you have photographs of an automobile collision’s aftermath and can graphically demonstrate the damage to the vehicles involved, this is much better and more persuasive evidence than is an oral description of the same damage. Likewise, if there are x-rays or photographs of a client’s injuries, this too is very persuasive. Where original photographic evidence or videotaped evidence is not
(more…)

Achieving Justice In A Personal Injury Case

Oftentimes clients like to refer to news articles about some substantial jury verdict or settlement in favor of a plaintiff in a particular case. Our advice when these comments are made is that it is very dangerous to compare apples to oranges. Literally speaking, no two cases are alike and it is difficult to compare one person’s case to another. On the other hand, the paramount goal of our attorneys is to make sure that our clients receive the best possible result given the facts of their particular case. Here, we like to compare apples to apples insofar as possible.

(more…)

Georgia’s New Rules Of Evidence

Effective January 1, 2013, Georgia’s New Rules of Evidence go into effect. The new provisions are found generally at O.C.G.A. Title 24, Chapter 1 through 10. The new code applies to all cases filed on/or after 1/01/13 and to all trials commenced on/or after said date. What this means is that the new Rules of Evidence will apply to any case in Georgia beginning on January 1, 2013, and going forward.

(more…)

Wrongful Death Attorney in Duluth: How These Cases Are Built, Valued, and Won

Whenever a preventable death happens, families are often left dealing with sudden questions, financial pressure, and uncertainty about what steps to take next. 

In these difficult moments, contacting a wrongful death attorney in Duluth becomes important because the right legal guidance can help families understand what happened, who may be responsible, and whether a Georgia wrongful death claim may be available.

A wrongful death case is not built on assumptions. It requires evidence, investigation, expert review, and a clear strategy for proving liability and damages. 

(more…)

Seriously Injured in a Semi-Truck Crash in Duluth? Here’s What Your Case Could Involve

A semi-truck injury lawyer near me is often one of the first searches injured people make after a serious truck crash leaves them facing emergency medical care, missed work, vehicle damage, insurance calls, and uncertainty about who may be responsible. In Duluth and across Georgia, semi-truck accident cases can be more complicated than ordinary car accident claims because they may involve a commercial driver, trucking company, maintenance provider, cargo loader, vehicle owner, contractor, commercial insurer, or multiple other parties.

A serious semi-truck crash can affect a person’s health, income, mobility, and long-term quality of life. The legal case may involve evidence that must be preserved quickly, including driver logs, black box data, inspection records, electronic logging device data, maintenance records, dispatch records, and company safety documents. Federal Motor Carrier Safety Administration guidance explains that electronic logging devices synchronize with a vehicle engine to automatically record driving time, which can make this information important in truck accident investigations.

(more…)

Before Choosing Lawyers for Wrongful Death Understand Your Family’s Filing Rights

Lawyers for wrongful death can help Georgia families understand who has the legal right to file a claim after a preventable fatal loss.
Before choosing an attorney, it is important to know that Georgia wrongful death law does not allow every relative to file a case.
The right to bring a claim may depend on whether the person who died left a surviving spouse, children, parents, or an estate representative.

After a loved one dies because of a crash, medical error, unsafe property condition, defective product, or another wrongful act, family members may feel pressure to act quickly.
They may search for a wrongful death attorney near me, ask whether compensation may be available, or wonder how the legal process begins.
Those questions are understandable, but the first issue is often filing authority.

(more…)

What Famous Medical Malpractice Lawsuits Can Teach You About Your Own Case

Famous cases of medical malpractice can help patients and families understand how medical errors, legal proof, expert testimony, and damages may affect a medical malpractice claim.
While high-profile lawsuits often involve unusual facts or major verdicts, the legal lessons behind them can apply to many ordinary patients who believe a doctor, hospital, nurse, or healthcare provider caused serious harm.

Medical malpractice cases are not based only on a bad medical outcome.
A patient usually must show that a healthcare provider failed to meet the accepted standard of care and that this failure caused measurable injury.
That means medical records, expert opinions, timelines, and evidence all matter.

(more…)

Medical Malpractice in Duluth: Signs You Have a Case, How to Find the Right Lawyer, and Potential Compensation

A medical malpractice lawyer near me is often the first search patients make when they believe a medical error caused serious harm, worsened their condition, or led to the loss of a loved one.
In Duluth, Georgia, patients and families may have questions after a delayed diagnosis, surgical error, medication mistake, birth injury, hospital discharge issue, or failure to treat a serious condition.
Not every poor medical outcome is malpractice, but some injuries happen because a healthcare provider failed to follow the accepted standard of care.
When that failure causes measurable harm, the patient may have the right to pursue a medical malpractice claim.

(more…)

Wrongful Death Claims in Georgia: What Surviving Families Need to Know Before Filing

A wrongful death attorney can help surviving families in Georgia understand whether they may have a legal claim after a preventable fatal loss. When a loved one dies because of another person’s negligence, reckless conduct, medical error, unsafe property condition, or wrongful act, the family may be left with grief, financial pressure, unanswered questions, and uncertainty about what to do next. In these moments, understanding the basics of Georgia wrongful death law can help families make informed decisions before important deadlines pass.

(more…)

Why Choose Finch McCranie LLP as Your Misdiagnosis Lawyer in Atlanta, GA?

A misdiagnosis lawyer atlanta patients and families contact can help determine whether a wrong, missed, or delayed diagnosis may support a medical malpractice claim in Georgia. When a medical condition is not diagnosed correctly, the consequences can be serious. A patient may lose valuable treatment time, go through unnecessary treatment, experience a worsened condition, or face a life-changing outcome that could have been prevented with proper care.

Not every incorrect diagnosis is medical malpractice. Some illnesses are difficult to diagnose, symptoms may overlap, and medical providers sometimes have to make decisions with limited information. However, when a healthcare provider fails to act as a reasonably careful provider would under similar circumstances, and that failure causes harm, the situation may raise legal concerns.

(more…)

What Happens After a Tanker Truck Accident in Atlanta and Why Immediate Legal Help Matters

A tanker truck accident lawyer atlanta victims contact can help protect evidence, explain legal options, and review who may be responsible after a serious commercial tanker crash. Tanker truck accidents in Atlanta can be far more complex than ordinary vehicle collisions because these vehicles may carry fuel, chemicals, gases, industrial liquids, or other hazardous materials. When a tanker truck crashes, the result may involve fires, spills, rollovers, chemical exposure, severe injuries, road closures, and long investigations.

For injured drivers, passengers, pedestrians, motorcyclists, and families, the aftermath can feel overwhelming. Emergency crews may secure the area, hazardous materials teams may respond, police may begin investigating, and the trucking company or insurance carrier may start gathering evidence quickly. During this time, victims may be focused on medical treatment while critical crash evidence begins to disappear.

(more…)

What Counts as Medical Negligence Resulting in Death? A Guide to Definitions, Evidence, and Payouts

Wrongful death litigation may become necessary when a family believes medical negligence resulting in death caused or contributed to the loss of a loved one.
After a fatal medical mistake, families often search for answers about what went wrong, whether the death could have been prevented, what evidence is needed, and whether a wrongful death lawsuit may be available under Georgia law.

Medical negligence resulting in death can involve delayed diagnosis, failure to diagnose, surgical errors, medication mistakes, anesthesia complications, failure to monitor, emergency room errors, improper discharge, or other failures in care. However, not every death after medical treatment is medical malpractice. A poor outcome, known medical risk, or serious complication does not automatically mean a healthcare provider was negligent.

(more…)

A Family’s Guide to Filing a Wrongful Death Lawsuit and Finding the Right Lawyer

A wrongful death lawsuit lawyer near me is often searched by families who are grieving a sudden loss and trying to understand whether negligence may have caused their loved one’s death. After a fatal accident, medical error, truck crash, unsafe property incident, defective product, or another preventable event, families may feel overwhelmed by legal questions, insurance calls, medical records, and financial pressure.

A wrongful death lawsuit is a civil legal claim that may help eligible family members pursue accountability after a fatal loss caused by another party’s wrongful act or negligence. In Georgia, wrongful death damages are connected to the “full value of the life” of the person who died, which is a key part of how these claims are evaluated under Georgia law.

(more…)
Secret Link