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
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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.

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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.
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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.

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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
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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.

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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)
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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.

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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.’”

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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
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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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