Finch McCranie, LLP

Police Chase Indictment

Our police chase injury lawyers have handled many cases involving the deaths of innocent civilians due to police chasing suspects for minor crimes. We have previously written about police departments that have adopted restrictive policies limiting chases and decreasing the chances that innocent civilians and police officers can be seriously injured or killed.
On May 30, 2007, in Forestville, Maryland, a police officer was chasing a motorcyclist for speeding. During the chase, the police officer tried to position his car to stop the speeding
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FDA Circumvents Congressional Intent In Favor Of Drug Companies

Last year, the Food and Drug Administration (FDA) issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDAAA), an Act which encompasses the Prescription Drug and User Fee Act. As a result, drug companies will enjoy more relaxed labeling requirements and will surely use the rule to claim immunity for failing to warn patients of potential drug hazards. When Congress passed the FDAAA it included language confirming the responsibility of the drug
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Drug Ads Investigated

We have previously written about controversial drug advertising that takes place in the United States. Once again, this practice has come to the forefront through Dr. Robert Jarvik, who is best known as the developer of an artificial heart. About two years ago, Dr. Jarvik began appearing in television ads for the drug Lipitor, manufactured by Pfizer.
In the ads, Dr. Jarvik is depicted in various athletic pursuits, such as rowing and running, and tells viewers that Lipitor significantly lowers cholesterol when diet and exercise
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Botox Danger

The U.S. consumer advocacy group, Public Citizen, has called upon authorities to require that Botox and a similar injections come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body. Public Citizen asked U.S. authorities to require the strongest possible warning, highlighted in a “black box,” on Allergan Inc’s Botox and Solstice Neuroscience Inc’s Myobloc.
Botox is used widely to decrease facial wrinkles but also has approved medical uses such as treating cervical dystonia, or
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Sugar Refinery Blast Leaves Many Dead – Others Injured

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect
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Georgia and Atlanta Area Serious Injury Cases: Frequently Asked Question Number 9

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?
Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If
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PART II: TOLLING THE STATUTE OF LIMITATIONS

It is well established that failure to comply with an ante-litem notification provision within the time required by law is a bar to any right of action. See Mattox v. Bailey, 221 Ga. App. 546, 472 S.E. 2d 130 (1996). However, an ante-litem time requirement has been held to be, in itself, a form of statute of limitations, with all general principles applicable to statutes of limitation also applying to ante-litem time restrictions, including tolling provisions. See Howard v. State, 226 Ga. App. 543, 487
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DANGEROUS MEDICAL DEVICES AND DOCTORS

Lawyers who practice in the field of dangerous medical devices and drugs are never surprised to discover relationships between physicians and pharmaceutical and medical device companies. Recently, questionable ties between supposedly objective researchers and the maker of an artificial spinal disk have come to light. An artificial spinal disk is a device that is used in place of conventional surgery during which patients’ vertebrae are fused.
In a study of nearly 240 patients with lower back pain, physicians reported that the artificial spine disk, manufactured
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TOLLING THE STATUTE OF LIMITATIONS IN TORT CASES FOR VICTIMS OF CRIME

As Georgia personal injury lawyers know, the typical statute of limitations for a bodily injury case in Georgia is two years from the date of the occurence at issue. However, in cases involving victims of criminal acts who have potential civil causes of actions against those who brought about injury to them, there are some nuances of Georgia law that all attorneys in this field should know.

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Car Accidents: Georgia Serious Injury Cases: Frequently Asked Question Number 8

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 8:
9. If I have no health insurance and the at fault driver has little or no liability insurance coverage, what happens if my medical bills exceed available coverages?
Answer: This is a sad case that we see far too often in our practice. The hypothetical at fault driver has run the stop sign
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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
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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
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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,
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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.

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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
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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
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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
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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
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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
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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
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