Finch McCranie, LLP

Most Dangerous Intersections For Motorcycles

Our Atlanta attorneys frequently litigate motorcycle accident cases. Our experience over many years shows that in almost all cases the motorcyclist was not at fault.
Recently, the Atlanta media reported a case in which a young man was fatally injured in the Little Five Points district when the scooter he was driving was hit from behind by a vehicle.
Allstate insurance company has conducted a study of the most dangerous intersections in Atlanta for motorcycle riders.
The data indicates that the intersection of 14th Street
(more…)

Deadliest Months For Teen Drivers Begin

As teens begin summer vacations, a disturbing warning has been issued by the U.S. Department of Transportation.
The latest data from U.S. Department of Transportation’s Fatality Analysis Reporting System show that the deadliest days of the year for teens ages 15-19 are in the months of May, June, July and August. During these four months, nearly twice as many teens died on the roads each day as compared to the rest of the year – for an average of nearly 16 deaths per day (15.9)
(more…)

Pedestrian Accidents

We read in the paper this week news articles about various traffic incidents involving pedestrians. In one case a drunk driver hit a pedestrian who was walking in a crosswalk at an intersection. The drunk driver apparently ran the stop sign running over and killing the pedestrian. In another case, again, a pedestrian was in a crosswalk and a driver simply failed to pay attention to the situation and ran over the pedestrian, seriously injuring the victim.
Big cities are dangerous because there are many
(more…)

Motorcycles and Drunk Drivers: A Deadly Combination

We read in the paper this week about a tragedy involving a motorcyclist who was struck and killed by a drunk driver. According to news accounts, the drunk driver was completely at fault in the incident and struck the innocent motorcycle rider from the rear. Regrettably, this case is indicative of the dangers to which all motorcycle riders are exposed. Such dangers are exponentially increased, obviously, when a drunk driver is involved.
We read in the paper this week about a tragedy involving a motorcyclist
(more…)

Dangerous Glass Products and Preventable Injuries

Approximately 2 years ago we published an article on the dangers of unsafe and dangeous glass products. We re-print this article because of the tragic death of a young woman who fell to her death this week after falling through a window at a hotel in downtown Atlanta. This accident was preventable but occurred because safety glass was apparently not properly used. In today’s modern age, with the known dangers involved, this is inexcusable. Our earlier blog entry is posted again in view of this
(more…)

Unit Measurement Approach When Discussing Wrongful Death Damages

If a 28 year old male is killed and hypothetically he should have a 48 year life expectancy, when killed at age 28, the decedent has lost 46 years of his life according to the Annuity Mortality Tables of most states. Forty-eight years translates into 46 years times 365 days a year times 16 hours a day of consciousness (46x365x16=268,640 hours). Because we sleep for 8 hours a day, if one argues before a jury that the decedent would have consciously enjoyed life for 46
(more…)

Measuring Damages In Wrongful Death Cases

As every individual is unique, so is the challenge faced by a trial attorney in trying to address a jury on the issue of the proper measurement of damages in the wrongful death case of any individual. All individuals are different. They come from different backgrounds and they are different ages, sexes, races, nationalities and religious beliefs. Whoever the unfortunate victim in a wrongful death case may be, the challenge is coming up with the best assessment of addressing damages when trying to obtain
(more…)

The Centers For Disease Control Releases Wrongful Death Statistics

According to a recently released report authored by the Centers for Disease Control and Prevention, car accident cases and wrongful deaths cost the State of Georgia approximately $1.5 billion in the calendar year 2005. Regrettably, this is the most recent data which as been collated and studied. Nationwide, car accident related deaths cost approximately $41 billion. Georgia ranked number 4 among 10 other states with the highest medical and work lost costs associated with preventable deaths caused by motor vehicle collisions.
Obviously, much can
(more…)

New Georgia Law Designed To Prevent Injury To Children

Georgia Governor Nathan Deal has signed a new law requiring all children under the age of 7 to be placed in booster seats unless they are over 40 pounds in weight and/or stand more than 4 feet 9 inches tall. The new law will go into effect this coming January to give parents time to purchase booster seats if needed. The reason for the new law: Protection of our children. Authorities have tracked injuries to children over the last five years and have determined that
(more…)

Mammogram Recommendations Disputed By Scientific Studies

Women under 50 who follow the advice of a U.S. panel to forgo annual mammograms may be at risk for more severe forms of breast cancer
Three recent studies led by radiologists suggest that failing to get regular breast screenings left women more likely to discover cancer at an advanced stage. The delay resulted in larger tumors and a worse prognosis once the cancer was uncovered, the data found.
The U.S. Preventative Services Task Force said in 2009 that most women ages 40 to 49
(more…)

Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

(more…)

Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
(more…)

Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
(more…)

Punitive Damages In A Wrongful Death Context

Because damages in a wrongful death context are measured from the standpoint of the decedent and are considered under Georgia case authority to be somewhat punitive since the damages include compensation for the full value of the life of the decedent, in a wrongful death case, per se, punitive damages cannot be sought. However, in a case where there has been pre-impact fright and terror, pain and suffering associated with injuries prior to death and/or property damages sustained by the estate, the estate can
(more…)

Estate Claims In A Wrongful Death Context

As we have posted before, in a wrongful death context, the heirs-at-law have a claim for damages for the full value of the life of the decedent whereas the Administrator of the estate has a claim for pre-death damages. In some cases involving serious injury, the injured individual may live for a time prior to death. If, in such a hypothetical case, the individual incurs substantial medical expenses and experiences significant pain and suffering prior to death, the estate of such a decedent is
(more…)

Voices Insisting On Pursuit Safety: Heroes At Work

This entry is written in tribute to a little known non-profit association called Voices Insisting On Pursuit Safety. http://www.pursuitsafety.org/ VIPS is a group of dedicated volunteers who are trying to save lives through their work. Each of the members of this group unfortunately have experienced tragedies in their own lives typically as a result of a police pursuit gone bad. The board members of Voices Insisting On Pursuit Safety are those who have lost loved ones in tragic police pursuits where there was a reckless disregard of proper police procedure in the decision to either initiate the pursuit and/or recklessly continue the same in the face of dangerous circumstances, resulting in the death of an innocent family member caught up by happenstance in the chase.

(more…)

Another Police Chase: More Deaths

Another Police Chase: More Deaths
We read last week on the internet of a tragic story out of Parsons, Kansas. Unfortunately, the Kansas story is all too familiar and occurs each and every day in this country. What we refer to are dangerous and reckless police chase cases which regrettably and tragically all too often result in the deaths of innocent members of the public, unconnected to the chase, who just happen to be in the wrong place at the wrong time. The report we read out of Parsons, Kansas was one such occurrence.

(more…)

Non-Economic Damages In A Georgia Wrongful Death Case

As we have posted before, in Georgia the measure of damages is the full value of the life of the decedent. The full value of the life of the decedent is comprised of the economic value of the deceased’s normal life expectancy and the non-economic loss sustained at the time of the wrongful death. As to the non-economic component, this includes the joy of living itself, the loss of society, affection and companionship of a wife, children and other family members and generally what the
(more…)

Determining Economic Damages In A Wrongful Death Claim

In determining the economic value of a deceased’s life in Georgia, a jury is not bound by any fixed criteria in reaching its verdict. A Georgia jury may take into consideration the decedent’s age at the time of his/her death, heredity, health, physical condition, habits, character, education, prior earning capacity, the amount of money he or she was earning at the time of his death, any reasonable probability of increase or decrease or reduction in wages or salary, loss of employment, the probability of the
(more…)

Wrongful Death Damages: The Economic Component

The economic value of a wrongful death claim in Georgia is typically based upon lifetime earnings or the economic value of lifetime services. In a wrongful death case, a plaintiff must prove by a preponderance of the evidence the age of the decedent when he/she died, probable life expectance and yearly income or the value of such services. From such evidence a jury can compute the gross cash value of the deceased’s economic losses based on remaining life expectancy.
In a hypothetical case where
(more…)

Secret Link