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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Why Wrongful Death Lawsuits Create Safer Communities

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

Whether caused by medical malpractice, a car accident, defective products, or workplace hazards, wrongful deaths leave families with emotional and financial burdens.

While no legal action can replace a lost life, hiring a lawyer for wrongful death can help families seek justice and hold negligent parties accountable.

Beyond individual cases, wrongful death lawsuits contribute to broader societal benefits.

These
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Top 10 Questions to Ask an Atlanta Wrongful Death Attorney

Losing a loved one is devastating, particularly if the death was preventable and caused by another person’s negligence or wrongdoing.

In such cases, families in Atlanta often seek justice and compensation by filing wrongful death lawsuits.

If you’re navigating this difficult time, choosing the right wrongful death lawyer in Atlanta to represent your case can profoundly affect the outcome.

A skilled and experienced wrongful death lawyer in Atlanta GA can guide you through this complicated
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How to Get the Maximum Settlement After a Semi Truck Accident

A semi truck accident can change your life in an instant. Due to their massive size and weight, semi-trucks can cause catastrophic injuries, extensive property damage, and even fatalities.

Victims often face mounting medical bills, lost wages, and emotional trauma while struggling to secure fair compensation from insurance companies and trucking corporations.

If you or a loved one has been involved in a semi truck accident in Atlanta, it’s crucial to take the right legal steps to maximize
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Why You Need a Truck Accident Lawyer in Atlanta

Truck accidents in Atlanta are often devastating, leading to severe injuries, extensive vehicle damage, and financial hardships.

Unlike typical car crashes, truck accidents involve complex liability issues, strict federal regulations, and aggressive insurance companies trying to minimize payouts.

If you or a loved one has been involved in a truck accident, hiring a truck accident lawyer is crucial to protect your rights and maximize your compensation.

A truck accident lawyer specializes in handling claims related
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Top-Rated Truck Accident Lawyer in Atlanta

Truck accidents are among the most devastating and life-altering events on the road.

Unlike standard car crashes, truck accidents often result in catastrophic injuries, extensive property damage, and, in some cases, fatalities.

The complexity of these cases makes it crucial for victims to seek legal help from an experienced truck accident lawyer in Atlanta who understands the intricacies of trucking laws, liability, and insurance claims.

At Finch McCranie LLP, we specialize in
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How to Choose the Right Medical Malpractice Lawyer for Your Case

When medical professionals fail in their duty to provide competent care, the consequences can be devastating.

If you or a loved one has suffered from medical negligence, securing the right legal representation is essential.

Finding an experienced and skilled medical malpractice lawyer in Atlanta can make the difference between a successful claim and an unsuccessful one.

Medical malpractice cases are highly complex and require a thorough understanding of both medical and legal intricacies.

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What Questions Should You Ask a Georgia 18-Wheeler Accident Lawyer?

When dealing with the aftermath of a serious truck accident, hiring the right tractor trailer attorney is crucial.

Georgia highways see thousands of 18-wheeler crashes every year, often leading to severe injuries, extensive property damage, and complex legal battles.

Choosing an experienced tractor trailer accident attorney can make a significant difference in the outcome of your case.

Before hiring a lawyer, it’s important to ask the right questions to ensure you receive strong legal representation.
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How to Choose the Best Tractor-Trailer Crash Lawyer in Atlanta

A tractor trailer accident can be one of the most devastating experiences in a person’s life.

Due to the sheer size and weight of these massive commercial vehicles, crashes often result in catastrophic injuries, property damage, and even fatalities.

Victims of such accidents often face mounting medical bills, lost wages, and emotional distress.

In such cases, hiring a top tractor-trailer crash lawyer in Atlanta is crucial to securing the compensation you deserve.

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Top 5 Mistakes to Avoid After a Semi-Truck Accident in Atlanta

Every year, thousands of people in the U.S. are involved in semi-truck accidents, leading to devastating injuries, financial strain, and emotional trauma.

Due to the sheer size and weight of commercial trucks, these accidents often result in catastrophic damage, leaving victims in a state of shock and confusion.

Unfortunately, many people make critical mistakes in the aftermath of an accident that can significantly reduce their ability to receive fair compensation.

If you or a loved
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How Can a Lawyer Help After an 18-Wheeler Accident?

Accidents involving 18-wheelers can be devastating, often leading to severe injuries, property damage, and even fatalities.

Due to their massive size and weight, these commercial trucks pose significant risks on the road.

Victims of such accidents frequently face complex legal challenges when seeking compensation, making it essential to hire an experienced 18-wheeler accident lawyer.

If you’ve been involved in a truck accident in Atlanta, having the best 18-wheeler accident lawyer in Atlanta on your side
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