Finch McCranie, LLP

Atlanta, Georgia Lawyers Support MADD Campaign to Eliminate Drunk Driving–and the Injuries and Deaths It Causes

Our personal injury and wrongful death attorneys in Atlanta, Georgia support MADD’s Campaign to Eliminate Drunk Driving. If you have not done so, please go to Parade magazine’s website at www.parade.com/drunkdriving, and vote “YES” in the poll asking this question: “Should ignition interlocks be mandatory for drunk drivers nationwide?”

MADD’s National President Laura Dean-Mooney has asked that this message (below) be passed along, so we are using our blog to publicize it. Please pass this message along to your friends and family, to help eliminate drunk driving!

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New Swimming Pool Safety Requirements Help Prevent Drowning

Every spring and summer as swimming pools open for the season, we read about tragic drownings, often involving children. Statistics show that drowning and near drowning are a leading cause of death and brain injury. Many of these unfortunate incidents could be prevented if swimming pools had proper anti-drowning drain covers and suction cutoff devices installed. These covers and suction cutoff devices are designed to prevent children from being caught in the swimming pool drain as a result of strong suction. Under the new
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Bus Accident Near Hoover Dam Kills Seven–And Follows Atlanta, Georgia Bluffton University Crash As Another Example of Why Seat Belts on Motorcoaches Can Prevent Deaths and Serious Personal Injuries

Since our Atlanta, Georgia personal injury lawyers represent the most seriously injured survivor of the Bluffton University bus accident in March 2007, we have written previously why it is an outrage that seat belts are not required on buses in the United States.

Many of the serious injuries and deaths in the Bluffton rollover crash occurred because the bus had no seat belts–and thus passengers were ejected onto the roadway.

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Nursing Home Rating Scale – A Great Consumer Tool

In addition to representing victims of trucking accidents and automobile accidents, Finch McCranie, LLP also represents victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes.
In one case we handled, our client who suffered from Alzheimers Disease was actually struck in the face by one of the caseworkers. When struck the client fell, breaking her hip. She underwent surgery to repair the hip; however, the trauma of the
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Georgia Jury Awards $1.25 Million for Neglect by Nursing Home

The lawyers at Finch McCranie, LLP have seen many different types of injuries result from being in various nursing homes. Some injuries are the result of being assaulted by nursing home staff or other patients and others are the result of nursing home neglect. Recently the family of a man who died four years ago at a Georgia nursing home was awarded $1.25 million after the jury found that the nursing home’s neglect was responsible for his wrongful death. Tucker Nursing Center allegedly
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Georgia Senator Introduces a Bill To Regulate Television Advertising By Lawyers

The personal injury law firm of Finch McCranie, LLP has been representing victims of truck accidents and automobile accidents for over 40 years. We do not advertise on television and have no intention of doing so. Unseemly television advertising has damaged the public image of the law profession. One Georgia senator is trying to do something about it; however, in its present form, it is not likely to pass.
Senator Seth Harp, a practicing Georgia attorney, has introduced a bill in Georgia Senate that proposes
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Uninsured Motorist Coverage And Georgia Drivers:

We have blogged before about the importance of uninsured/underinsured motorist coverage. Because of the economic problems being currently experienced by our Country, such coverage is probably now more important than ever. Many people who are experiencing economic problems are cutting back on expenses. Some people are driving with no insurance. When insurance premiums and bills are received they are ignored. In short, people are taking their chances that they won’t be in an accident while driving without insurance. Those who are violating the
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Two Georgians Injured By Peanut Product Salmonella Food Poisoning

Our Georgia injury lawyers know that food poisoning cases can result in serious injury, and sometimes death. Just this week, federal officials announced that two Georgia citizens have been poisoned by salmonella found in peanut products and they warned consumers of dangers associated with more than 125 products recalled as part of a nationwide salmonella-and-peanuts Investigation. The Food and Drug Administration said products affected by the recall range from ice cream to pet foods. A list of recalled peanut products is available on
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Georgia’s Emergency Rooms-A Safe Haven For Medical Malpractice

Georgia injury lawyers are acutely aware of the so-called “tort reform” changes in the law which has limited and in some cases eliminated the rights of victims of medical malpractice. Unfortunately, most Georgia citizens are unaware that since 2005, emergency rooms have been a place where there is no liability for injuries caused by careless healthcare providers. Current Georgia law makes it virtually impossible for an injured patient to seek accountability in the Courts because it requires an injured victim to show by “clear
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Consumers of Dangerous Drugs Have Uphill Battle-Doctrine of Federal Preemption Protects Drug Companies

Like most Georgia injury lawyers, we are seeing more and more dangerous drug cases being dismissed because of the doctrine of federal preemption. An example of this came to our attention recently. A Kentucky man developed a drug-induced neurological disease after using a gastric reflex drug for years. He filed a lawsuit asserting state law products liability, negligence and breach of warranty claims against both the brand manufacturer and the generic manufacturers of the drug, claiming that it caused him to develop the disease.
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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.

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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
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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
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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
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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
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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.

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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.

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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
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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
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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
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