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.”
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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.
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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
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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
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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.
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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
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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.

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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
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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.

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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.

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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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