Finch McCranie, LLP

The Complications Of A Serious Personal Injury Claim

Every serious injury claim our firm handles has its own set of complications, but one of the most complicating facts we are often confronted with is the case where someone is seriously injured in an automobile or tractor-trailer collision and they have no health insurance. Indeed, regardless of the type of claim, whether it be a slip and fall, a products liability claim, medical malpractice or any other tort case, the lack of available health insurance oftentimes severely compromises our ability to obtain justice for our clients. This also severely compromises the ability of the injured individual to obtain the necessary care to improve their health. While we often read in the paper about the crisis of our healthcare delivery system when it comes to poor and the indigent, we see this crises every day in our practice when innocent victim/clients who are suffering are unable to afford needed healthcare.

(more…)

Georgia Bicycling Laws

In addition to the bicycle laws already covered in past blogs, there are a few others with which all bike riders should be familiar.
One makes it unlawful for any person to sell a new bicycle or pedal unless the pedals on the bike or the pedal is equipped with a reflector of a type approved by the Department of Public Safety. The reflector must be situated so as to be visible from the front and rear of the bike during darkness from a distance
(more…)

Beware Medical Credit Cards

Many doctors and dentists are marketing medical credit cards to their patients. Doctors like the cards because they get paid immediately from the credit card companies rather than spending time collecting medical bills. Doctors and other health care providers are pushing the cards even in cases where the patient needs emergency care and may not be in a position to refuse the card or to intelligently make a proper financial decision.
Consumer lawyers report they are seeing a growing number of cases where patients say
(more…)

Contact Lens Solution Lawsuits Continue

In May of 2007, Advanced Medical Optics, Inc. recalled one of its contact lens cleaning solutions, known as AMO Complete Moisture Plus. Our firm is currently representing 2 individuals injured by this product. According to the Centers for Disease Control, contact lens wearers were seventeen (17) times more likely to contract a serious eye infection known as acanthamoeba keratitis if they used this product as opposed to other Multi Purpose Cleansing solutions. Even though the product was recalled from the market in May of 2007,
(more…)

Georgia Bicycle Laws – Use Of The Roadway

Our Atlanta bicycle accident attorneys review many bike injury cases in which it is alleged by the at fault motorist that the bike rider was riding in an unlawful manner. Continuing with our explanation of Georgia bicycle laws, Section 40-6-294 of the Official Code of Georgia controls the use of roadways and bike paths by bicyclists. It provides that every person operating a bike shall ride as close to right side road as practicable with the following exceptions:
1. except turning left or avoiding hazards
(more…)

A Wrongful Death Case:Client’s Son Dies Hero’s Death

In our wrongful death practice, obviously, our attorneys have seen many tragedies, sometimes with devastating consequences for our clients and their families. This past week was no different as we were retained to represent the family of a young man who died while attempting to save the life of another. This young man gave his life and service to another, one of the highest and noblest acts of self-sacrifice possible. And yet, the matter has gone largely unnoticed by the metropolitan Atlanta community simply because
(more…)

Anti-Consumer Decisions From Supreme Court Get Congressional Scrutiny

At a recent Senate hearing , several lawmakers blasted the U.S. Supreme Court over a series of opinions they say protect businesses at the expense of ordinary Americans. Committee Chairman Sen. Patrick Leahy, said the Court’s recent opinions on employment discrimination, federal preemption and mandatory arbitration have empowered and protected corporations while making it harder for workers and consumers to get redress.
Leahy pointed to Ledbetter v. Goodyear Tire & Rubber Co., 127 S.Ct. 2162, handed down just over a year ago. In that case,
(more…)

Bicycle Laws – Equipment

As we previously wrote, there are specific laws regulating bicycles in the state of Georgia. Many of these requirement are unknown to bike riders, and in many instances are used by defendants to attempt to avoid liability for injuring bike riders. Our attorneys have seen one section in particular used many times by defense attorneys in an effort to try to shift blame from an at fault motorist onto the biker. That law, Section 40-6 -294 of the Official Code of Georgia, establishes requirements for
(more…)

Defective Tire Stem Dangers

Defective automobile tire valves manufactured in China are the subject of a recall. Some 6 million tire valve stems manufactured by Shanghai Baolong Automotive Corp. of China between July 2006 and November 2006 have been recalled. It is estimated that 36 million of these tire stems were manufactured.
The U.S. distributor of the tire valves, Dill Air Control Products, of Oxford, N.C., notified the National Highway Traffic Safety Administration of potential problems with the tire valve stems after it was named in a lawsuit filed
(more…)

Atlanta Bike Laws

Atlanta bicycle accidents and injuries are increasing at an alarming rate, as we have previously written. Yesterday, the Atlanta Journal Constitution published a story which echoed our information and addressed the growing conflict between bikers and automobile drivers.
Many bike riders, and most motorists, do not realize that under Georgia law and in most other states, a bike is considered a vehicle; and, with some exceptions, is subject to the same laws and rules as a motor vehicle. There are specific laws which relate only
(more…)

Nursing Home Infection Rates Increase

Infections are now the number one cause of deaths in nursing homes, causing nearly 400,000 deaths annually.
A study published in the May issue of The America Journal of Infection Control reports that 15% of American nursing homes each year receive deficiency citations for infection control.
The study, conducted by researchers at the University of Pittsburgh’s Graduate School of Public Health, looked at deficiency data collected from about 16,000 nursing homes per year between 2000 to 2007 as part of Medicare/Medicaid certification.
The researchers reported
(more…)

Medical Errors Can Be Reduced

Preventable medical errors kill thousands of Americans every year.
A recent study found that nearly one out of three hospital patients is harmed by the care they receive. The Institute of Medicine, an independent nonprofit organization within the National Academy of Sciences which works to provide unbiased advice to decision makers within the medical community, estimates that as many as 100,000 Americans die each year from preventable medical errors in hospitals. This is approximately the same number of annual deaths caused by auto accidents, AIDS,
(more…)

Construction Accidents And Third Party Claims

When an employee is injured on a job site, particularly on a construction job site, unfortunately the injuries sustained can be serious. Heavy equipment is typically involved on large commercial construction projects and it is not unusual for construction workers on large construction projects to be exposed to a variety of different dangers during the work day. If an employee is injured on the job, under our Workers’ Compensation laws, the claim will primarily have to be brought against the employer’s workers’ compensation insurance
(more…)

Sex Abuse in Child Care and Day Care Centers: Obtaining Justice for Victims of Sexual Molestation

Two years ago at our law firm, I received a phone call I could not believe–another episode of sexual abuse of a a young child, entrusted to the care of a prominent day care center.

The child’s mother said her lawyer did not know what to do to help her. She was told to call our law firm because we had successfully helped other families whose children had been molested in child care or after school programs.

(more…)

Closing Arguments: Be An Ambassador

As we all know, trial lawyers are under assault by the business community. We are accused of being sleazy, money hungry ambulance chasers. I need not further discuss this nationwide propaganda campaign, but suffice it to say, our public image has been and continues to be at risk. Accordingly, it is imperative that as trial attorneys we conduct ourselves as ambassadors for justice when we appear in a courtroom.
The best way to get a favorable result in any case is to exude confidence and
(more…)

“Jackpot Justice”

It is amazing to watch television commercials advertising lawyer services for personal injury cases. One often sees a client holding a fist full of cash praising their lawyer for securing a large cash settlement. The client is typically shown smiling and happily talking about how much money they received from their personal injury claim. These ads have often surprised me because it is typically only in the very serious case that clients receive large settlement amounts and in those cases, they usually deserve the
(more…)

Asserting Claims Against the Government

Any lawyer who has a client with a claim against any branch of government knows full well that there needs to be investigation of that claim in order to be successful in prosecuting it. One of the first steps in the process is to serve a timely ante-litem notice claim within six months of the claims against a municipality or within twelve months if it involves a claim against the State or a county government agency. We have previously blogged about these requirements in
(more…)

Closing Arguments: When Appropriate,Remind Jurors Of Their Oaths

In the typical negligence case, it is not necessary that a jury be reminded that they have taken an oath to set aside any prejudice or biases they have and to render a verdict solely on the evidence and the law presented to them. However, there are cases of a more controversial nature where it might be necessary for counsel to consider reminding the jury of its oath. Examples would include medical malpractice cases and other controversial cases such as high speed police pursuits.
We
(more…)

Closing Arguments: Follow the Fundamental Rules

As discussed above, counsel should utilize the structure in delivering his/her summation. If counsel is disorganized in his approach, the jurors will not follow the arguments made and subliminally will believe that counsel is not entitled to a verdict. Again this is a fundamental rule of a winning summation.
Although the fundamental dos are sometimes easy to recognize, there are some fundamental don’ts as well. For example, do not select an issue that an intelligent juror will recognize as being disingenuous or phoney. Never misstate
(more…)

Closing Arguments: Remember Why You Are There

In a hotly contested liability case, it is often easy for counsel to forget that the reason they are there is to achieve a favorable monetary verdict for their client. It is tempting sometimes to spend far too much time discussing liability thereby leaving counsel with little or no time to discuss damages. The reason we are in Court is to try to get a verdict to compensate our client for the damages they have sustained. Obviously, we have to discuss liability. However, we should
(more…)

Secret Link