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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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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