Finch McCranie, LLP

Georgia Nursing Home Abuse & Negligence Cases

For Georgia lawyers handling nursing home abuse and negligence cases, we are seeing new litigation hurdles to overcome. Nursing home owners are creating new corporate structures to disguise the actual ownership of the nursing homes. It is a “corporate shell game” where the actual owners set up holding corporations to avoid responsibility. If you look at the way the facility is established, there will be a contractual relationship between a management company and a nursing home, where the same human being is on both
(more…)

81% of Georgia Nursing Homes are Deficient in Quality of Care and Other Services

You don’t have to be an Atlanta injury attorney to know that nursing home abuse and negligence is alive and well in Georgia and across the country. For most elder people, their greatest fear is being put in the dreaded nursing home and for good reason. In our practice, we have noted that more often than not these homes are understaffed by unqualified employees.
The Office of the Inspector General of the Department of Health and Human Services recently completed a study and issued

(more…)

Off Road Recreational Vehicles Probed

Our serious injury lawyers have investigated cases involving off-road recreational vehicles. Now, the U.S. Consumer Product Safety Commission, CPSC, is probing the design of these so-called recreational off- highway vehicles after reports of fatal accidents involving new products which are currently unregulated.
.
The investigation involves several brands and more than 30 daeths. The Wall Street Journal has reported that the Yamaha Motor Rhino was a focus of the inquiry, with at least 30 deaths.
The investigation has brought attention to gaps in oversight of
(more…)

Defective Airbags Can Result In Serious Injury Or Death

As Georgia injury lawyers who have handled many automobile and truck accident cases, we sometimes see defective products that lead to injury and death in collisions. One such defect involves airbags. Although airbag failures are not common, there are many reasons for there failure. Many fail because of design defects or defects in components.
Just last month, Nissan Motor Co Ltd announced plans to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger
(more…)

Dangerous Crib Lawsuit

Illinois Attorney General Lisa Madigan has filed a lawsuit against a crib distributor for allegedly ignoring a nationwide recall of bassinets that can cause babies to suffocate. Madigan criticized federal regulators Wednesday for failing to take aggressive action against SFCA Inc., the owner of the Simplicity brand.
Madigan’s lawsuit seeks a recall that SFCA would publicize in newspapers statewide. It also seeks a refund for retailers. “Our investigation revealed that SFCA continued to distribute recalled products that posed serious risks to children,” Madigan said in
(more…)

High Speed Chase Ends In Two Deaths: Was It Worth It?

According to news reports, Atlanta Police Officer Sgt. Darrell Johnson was killed on Friday morning, October 24 when his vehicle was struck head-on by a fleeing suspect during a high speed police chase. Not only was the police officer killed, the fleeing suspect was killed as well.

The newspaper reports are sketchy, however, it appears that the high speed chase began when authorities received a 911 call from a member of the public who had spotted the suspect’s car while weaving. The officers apparently attempted to make a traffic stop of the suspect. When the suspect refused to stop for the suspected traffic violation, he took off, thus initiating a “high speed” chase. During the chase, the suspect lost control, crossed the center line and hit Sgt. Johnson’s vehicle head-on.

(more…)

Drug Manufacturer False Advertising

The Food and Drug Administration has taken issue with drug manufacturer Bayer over advertising claims for two aspirin medicines manufactured by the company. Bayer promotes the medicines as leading to healthy hearts and stronger bones.
The FDA sent two warning letters to Bayer for never submitting proof that its pills are effective in battling heart disease and osteoporosis as claimed by Bayer. The two drugs are Bayer Women’s Low Dose Aspirin + Calcium and Bayer Aspirin With Health Advantage.
Treatments for those diseases must be
(more…)

Accident Reconstruction Experts and Serious Car Accidents and Collisions

In our serious injury practice, we are often encountered by cases where there is a dispute concerning liability for a particular collision. The tractor-trailer driver contends that he was forced off the road by an unknown John Doe motorist. The at fault driver who ran over the pedestrian claims that he or she could not see the pedestrian due to lighting conditions. The driver who is speeding denies that, in fact, he was speeding, and on and on. In cases involving serious or catastrophic injuries
(more…)

Settling a Personal Injury Law Suit

Needless to say, our attorneys are often asked by our clients when they should settle their personal injury lawsuit and in what amount. These question, many times, presuppose that both liability and damages are clear enough to warrant a settlement in a particular case. Oftentimes, liability is hotly contested as are damages and a case is therefore made more difficult from the settlement standpoint. However, in a case where the liability of the person causing the injury is rather clear and the damages are well documented, a fair settlement should be achieved. It is with respect to this type of case that we attempt in this blog to answer the question posed.

(more…)

Car Crashes, Car Collisions and Automobile Insurance

Our attorneys routinely handle serious injuries arising out of car collision and crashes. We are always amazed to learn just how little the public knows about automobile insurance coverages and generally how they work. The purpose of this blog is simply to set forth some of the basic principles so that the public can be educated about how automobile insurance coverage works in the typical case.

(more…)

Closing Arguments: Speak From The Heart

As stated above, it is most important that counsel appear to be completely sincere in everything he says and does. The best way to do this is to speak from the heart and tell the jury exactly what you think. If the jury senses that counsel is speaking candidly in a forthright manner about the issues in the case, the jury is more likely to have confidence in what is being said.
If you speak from the heart, by definition, you are being yourself. If
(more…)

Closing Arguments: Use Demonstrative and Trial Exhibits

Every good trial lawyer knows that a jury remembers best that which they both hear and see. Accordingly, demonstrative exhibits should always be used during closing argument. Sometimes demonstrative exhibits are necessary in order to emphasize a point about liability. Sometimes they are used to emphasize principles of law.
Effective demonstratives can also be used to discuss damages. A good closing argument might use demonstratives in all of these areas. In short, a well prepared demonstrative exhibit will assist counsel in making his point while
(more…)

Closing Arguments: Use the Rules Governing The Case

In giving a closing argument, it is essential that counsel use the legal language of the case. The court will be instructing the jury on various principles of law that could be absolutely crucial in the jury’s determination of the facts. Thus, when discussing a case with the jury, counsel should use the language of the case. Counsel should use and explain terms such as “preponderance of the evidence,” “proximate cause,” “breach of duty,” “failure to exercise ordinary care,” “negligence,” and “damages.” If, for example,
(more…)

Closing Arguments: Give Your Remarks A Structure

As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.

The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.

(more…)

Closing Arguments:Discuss the Case, Do not Give a Speech

In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
(more…)

Closing Arguments: Be Yourself

Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
(more…)

Closing Arguments : STAY ON MESSAGE

It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
(more…)

CLOSING ARGUMENT: Practical Pointers For A Successful Result

What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
(more…)

Demonstrating The Intangible Value Of Life

In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
(more…)

Economic Damages In A Wrongful Death Case

As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
(more…)

Secret Link