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 Medical Malpractice Experience Matters: Lessons From a Court Decision

When pursuing a medical malpractice case, the experience of your lawyer is crucial to ensuring the best possible outcome. 

Legal knowledge is important, but medical malpractice law requires specialized expertise to navigate the complexities of healthcare systems, medical records, and expert testimonies. 

Recent court decisions highlight how experienced lawyers make a significant difference in securing justice for victims of medical negligence.

The Role of an Experienced Medical Malpractice Lawyer

An experienced
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What Type of Attorney Do You Call If You’re Injured in a Truck Accident?

A truck accident lawyer focuses on injury claims involving commercial trucks, tractor-trailers, and other large commercial vehicles. 

Truck accidents differ significantly from standard car crashes due to the size of the vehicles, the severity of injuries, and the number of parties involved. 

These cases require legal representation with experience in trucking regulations, corporate liability, and complex investigations.

Selecting the correct type of attorney after a truck crash can directly affect how evidence is
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When Is a Misdiagnosis Medical Malpractice? What’s Included and Legal Standards Explained

Misdiagnosis medical malpractice occurs when a healthcare provider makes a diagnostic error that falls below accepted medical standards and directly causes harm to a patient. 

Diagnostic mistakes happen across many medical settings, but only certain errors meet the legal definition of malpractice.

Not every medical misdiagnosis leads to legal responsibility. Courts focus on whether the provider acted negligently and whether that negligence caused measurable injury. 

This article explains when a misdiagnosis qualifies as
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When Medical Care Goes Wrong in Duluth: How a Malpractice Attorney Can Help

Medical malpractice is a serious issue that can cause lasting physical, emotional, and financial harm. 

When healthcare professionals fail to meet the standard of care, patients may experience complications, worsened conditions, or even death. 

If you or a loved one has been affected by medical malpractice in Duluth, a medical malpractice attorney can help you understand your legal rights and pursue the compensation you deserve.

What is Medical Malpractice?

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Why You Should Hire a Truck Accident Lawyer in Atlanta

Truck accidents in Atlanta are often far more complex than regular car accidents, involving larger vehicles, stricter regulations, and more severe consequences. 

If you or a loved one has been injured in a truck accident, hiring an experienced truck accident lawyer in Atlanta is essential for navigating the complexities of both the legal system and the trucking industry. 

At Finch McCranie LLP, we offer dedicated legal representation to ensure that your rights are
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Why Trucking Accidents Are a Serious Issue and When to Contact an Attorney

Trucking accidents are a serious issue that can lead to catastrophic injuries, lengthy recoveries, and overwhelming financial burdens. 

Unlike typical vehicle accidents, trucking accidents often involve larger vehicles that cause more significant damage, both to property and people. 

If you’ve been involved in a truck accident, understanding the severity of the situation and knowing when to contact an attorney can make all the difference in ensuring you receive the compensation you deserve.

What
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After a Serious Truck Accident in Atlanta: When to Hire an Attorney

If you’ve been involved in a serious truck accident in Atlanta, it’s essential to consider hiring a truck accident lawyer in Atlanta. 

These accidents often involve complex legal issues, and navigating the aftermath without expert legal representation can lead to missed opportunities for full compensation. 

A skilled attorney can help ensure your rights are protected and that you receive the justice and financial support you deserve.

Why a Truck Accident is Different from
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Truck Rollover Accidents in Duluth: Causes, Risks, and Why an Attorney Can Help

Truck rollover accidents in Duluth GA represent some of the most devastating and legally complex motor vehicle collisions on Georgia roadways. 

When a large commercial truck tips onto its side or roof, the sheer weight and force involved can cause catastrophic injuries, multi-vehicle pileups, and life-altering consequences for everyone involved.

Duluth sees consistent commercial truck traffic due to its access to major highways, local distribution routes, and nearby industrial and commercial centers. 

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Patient Dissatisfied with  Rhinoplasty: when to contact a medical malpractice attorney

A rhinoplasty medical malpractice attorney is often consulted when post-surgical outcomes raise questions about professional standards rather than cosmetic preference.

Rhinoplasty is a complex surgical procedure that affects both appearance and breathing function, and while dissatisfaction alone does not establish malpractice, certain outcomes may signal medical negligence rather than aesthetic disappointment.

From a legal standpoint, cosmetic surgery is held to the same professional standards as any other medical procedure. 

When preventable errors, poor technique, or
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What Evidence Is Needed to Win a Medical Malpractice Negligence Case?

Evidence needed to win a medical malpractice negligence case determines whether a claim survives investigation, withstands defense challenges, and succeeds at trial. 

Medical malpractice cases are not won by pointing to a bad outcome or a patient’s belief that something went wrong. 

They are won by assembling precise, credible evidence that proves negligence caused measurable harm.

From a litigation standpoint, malpractice cases rise or fall on documentation, expert analysis, and the ability to
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