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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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How Lawyers Use Medical & Forensic Evidence in Wrongful Death Cases

Losing a loved one unexpectedly due to someone else’s negligence is devastating.

In such tragic circumstances, hiring a wrongful death lawyer becomes essential.

If you’re located in Atlanta and facing such a difficult time, finding the right wrongful death lawyer near me can make a significant difference.

An experienced Atlanta wrongful death lawyer understands the nuances of medical and forensic evidence, which can profoundly impact the outcome of your case.

At Finch
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How an Atlanta Medical Malpractice Lawyer Can Help You

If you or a loved one has been harmed due to a healthcare provider’s negligence, seeking justice can feel overwhelming.

Navigating the complexities of a medical malpractice lawsuit requires deep legal knowledge, aggressive representation, and compassion.

That’s where an experienced medical malpractice lawsuit lawyer in Atlanta becomes your most valuable ally.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, nurse, hospital, or any healthcare professional breaches the standard of care, causing
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Medical Negligence vs. Malpractice: What’s the Legal Difference?

When seeking justice for an injury caused by a healthcare provider, many people struggle to understand the difference between medical negligence and medical malpractice.

While these terms are often used interchangeably, they have distinct legal meanings that impact how a case is handled in court.

If you’re searching for how to find a medical malpractice lawyer or need a medical malpractice lawyer near me in Atlanta, understanding this difference is crucial.

This article will help
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The Most Dangerous Highways for 18-Wheeler Accidents

Atlanta, a major transportation hub in the Southeast, is home to some of the busiest and most dangerous highways in the country.

The city’s intricate network of interstates and major roads experiences heavy commercial truck traffic daily, increasing the risk of severe 18-wheeler accidents.

These massive vehicles, often weighing up to 80,000 pounds, pose significant dangers when involved in collisions.

For victims of such accidents, the consequences can be devastating—leading to severe injuries, loss of
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How Wrongful Death Settlements Are Paid Out in Georgia

Losing a loved one due to another party’s negligence or misconduct is devastating.

While no amount of money can truly compensate for the loss, Georgia law allows families to seek financial relief through a wrongful death lawsuit.

These claims aim to provide monetary compensation for lost income, emotional suffering, and other damages caused by the wrongful death.

Understanding how wrongful death settlements are paid out is crucial for families navigating this difficult process.

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How to Find a Top-Rated Truck Accident Lawyer in Atlanta Fast

In the bustling streets and highways of Atlanta, truck accidents can happen in the blink of an eye—often with devastating consequences.

If you or a loved one has been involved in a serious truck accident, you don’t have time to waste. You need legal representation that’s experienced, effective, and fast.

But with so many options available, how do you find a top-rated truck accident lawyer in Atlanta quickly?

This guide will walk you through everything
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Medical Malpractice Lawyer: 5 Must-Have Qualities

Medical malpractice is one of the most complex legal areas, requiring a lawyer with extensive experience, resources, and legal acumen.

If you or a loved one has suffered due to a healthcare provider’s negligence in Atlanta, you need an attorney who can fight for justice and secure fair compensation.

However, how to choose a medical malpractice lawyer is a critical decision that can significantly impact the outcome of your case.

With so many lawyers offering
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Driver Fatigue and Truck Accidents: Who’s Liable?

Truck accidents are some of the most devastating and dangerous incidents on the road.

Due to their massive size and weight, semi-trucks can cause catastrophic damage in collisions, leading to severe injuries and fatalities.

One of the leading causes of truck accidents is driver fatigue, a condition that impairs reaction time, decision-making abilities, and overall vehicle control.

Fatigue is a significant risk in the trucking industry, where drivers are often
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Rollover Truck Accidents: Causes, Injuries, and Legal Options

A rollover truck accident is one of the most catastrophic types of crashes, often leading to severe injuries and significant legal complexities.

If you or a loved one has been involved in such an accident, consulting a truck accident lawyer is essential to protect your rights and pursue fair compensation.

This article explores the primary causes of rollover truck accidents, the injuries they cause, and the legal options available to victims.

Understanding Rollover Truck Accidents

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Medical Malpractice Lawyer vs. Personal Injury Lawyer: Who Should You Hire?

When facing injuries caused by negligence, choosing the right legal expert is essential.

Many people struggle to decide whether they need a medical malpractice lawyer near you or a personal injury lawyer.

While both handle injury claims, the key differences lie in their areas of expertise, the types of cases they take on, and the legal process involved.

If you’re in Atlanta, knowing when to hire a medical malpractice attorney versus a personal injury lawyer
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