Finch McCranie, LLP

Finding a Qualified Attorney

As I ride around the City, I am amazed at the number of billboard advertisements by attorneys. Occasionally, even though I am working all day long, I also get a chance while I am in a waiting room (usually awaiting a doctor’s deposition) to watch daytime TV. When I watch the TV, I am similarly amazed at the number of lawyer advertisements on daytime television. Obviously, this leads me to consider how the average person goes about finding a qualified personal injury attorney in a
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Loss of Consortium Claims

Many of the clients we represent are married individuals. When they are seriously injured, obviously, their spouses are adversely affected. The emotional toll of caring for an injured spouse, worrying about their health and financial issues and being overwhelmed by dealing with the totality of a serious injury case can be debilitating. The spouse of the actual client may be emotionally taxed and physically burdened by increased demands and therefore entitled to compensation for their damages. The question is whether a loss of consortium claim
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Uninsured/Underinsured Motorist Coverage: Don’t Leave Home Without It

A typical case we see far too often is that where the motorist who caused the damage to our client had the minimum limits of Georgia law which provides only $25,000.00 in liability insurance coverage. Typically such a driver has little or no personal assets to satisfy an excess judgment against them. In those cases where our client’s damages (medical bills, lost wages, pain and suffering) clearly exceed the $25,000.00 in available limits, the best chance for an excess recovery is to procure uninsured/underinsured motorist
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Family Purpose Liability: Alive and Well in Georgia

In our serious injury practice we are often times confronted with cases involving the Family Purpose Doctrine. It is not unusual for one of our clients to be injured by the acts of a teenage driver. More often than not, the teenage driver is operating the automobile with the express permission of the owner of the car which are usually the parents. Under Georgia law, when a family purpose car that is furnished by the owner to a member of the family for their convenience
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Insurance Coverage for Intentional Torts

Our lawyers are often times confronted with cases where the clients complain of intentional torts committed against them. For example, we have had clients that have come in swearing that the driver that hit them did so on purpose because of some longstanding feud or vendetta. Unfortunately, if someone acts intentionally to cause harm, their insurance policy will typically provide no coverage for them. Insurance coverage is purchased to protect against negligent acts and omissions which give rise to liability to third parties. If someone
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Suing Uncle Sam Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) waives sovereign immunity only for the acts or omissions of an “employee of the government while acting within the scope of his office or employment. . .” 28 U.S.C. § 1346(b). Because it is a limited waiver of sovereign immunity, the provisions of the Federal Tort Claims Act are strictly construed and must be followed if a valid claim against the government is to be asserted under its provisions.

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LAKE ACCIDENTS IN GEORGIA

On May 12, 2007, we wrote here about an increase in boating accidents in Georgia. We handled several such cases in 2006 and based on our experience were very aware of the peculiar dangers affiliated with recreational boating activity. Unfortunately, in yesterday’s paper, we read about 4 separate deaths which occurred in Georgia lakes over the Memorial Day weekend. Thus, even before the summer has officially begun, we have already seen tragic evidence of the dangers associated with boating.
We cannot tell from the news
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ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY
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Wrongful Death of a Child: Apportionment of Proceeds Between Divorced Parents

Anyone who has practiced law for any period of time in the area of Serious Injury Litigation unfortunately comes across cases where a child has been killed as a result of the negligent act of a third party and the cause of action resides in divorced or separated parents. These cases not only are tragic, they can be very sad and/or messy.
The law has long been in Georgia that where parents are divorced and their unmarried child dies as a result of a negligent
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More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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Crib and Playpen Injuries Studied

Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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The Importance Of Uninsured/Underinsured Motorist Coverage

We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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Deaths Reported From Infant Child Monitors — Recall Issued

The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Victims Of Crime And Personal Injury Claims

Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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Car Accident Cases: How Does One Determine Settlement Value?

If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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Car Accident Cases And Quick Cash Settlements: A Bad Idea

As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.

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Car Accidents And Quick Cash Settlements

Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.

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