Finch McCranie, LLP

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
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How to Recognize Medical Malpractice in Your Healthcare

In healthcare, trust between patients and medical professionals is paramount. 

Patients place their well-being in the hands of doctors, nurses, and other healthcare providers, expecting to receive the highest level of care. 

However, there are instances where medical malpractice can occur, leading to adverse consequences for patients. 

This article aims to guide you on recognizing medical malpractice in your healthcare. 

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Product Liability Insurance: What Businesses Need to Know

In a world where product-related lawsuits are rising, businesses must be well-prepared to protect themselves against potential liabilities.

Product liability insurance is a crucial aspect of risk management that every business should consider.

This article will delve into the details of product liability insurance, why it is essential for companies, and how to choose the proper coverage.

Understanding Product Liability Insurance

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Medical Malpractice and Healthcare Reform: Current Challenges and Solutions

In healthcare, the importance of addressing medical malpractice cannot be understated.

This article delves into the intricacies of medical malpractice and the urgent need for healthcare reform.

We will explore the definition of medical malpractice, its impact on patients and healthcare costs, the current state of healthcare reform, and propose solutions to this ongoing issue.

Understanding Medical Malpractice

Defining Medical Malpractice

Medical malpractice refers to the professional negligence of healthcare providers that harms patients.

This negligence can occur through acts of omission or commission.

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Navigating the Medical Malpractice Claims Process

Medical malpractice can be a daunting and emotionally charged experience, but understanding the claims process can help you navigate this complex terrain.

This article will guide you through the essential steps of pursuing a medical malpractice claim.

Understanding Medical Malpractice

Medical malpractice refers to instances when healthcare professionals fail to meet the standard of care expected within their field, causing harm to a patient.

It includes a range of actions, such as misdiagnosis, surgical errors, medication mistakes, and more.

Common Types of Medical Malpractice

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Anatomy of Product Liability: Causes and Consequences

Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for producing and selling defective products or posing a consumer risk. 

It is a critical aspect of consumer protection, ensuring that products are safe and reliable. 

This article will delve into the anatomy of product liability, exploring its causes and consequences.

The Basics of Product Liability

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Medical Malpractice Insurance: What You Need to Know

Medical professionals, including doctors, nurses, and other healthcare providers, are dedicated to saving lives and providing quality care to patients.

However, medical errors and malpractice cases can occur despite their best efforts.

Medical malpractice insurance is a crucial safeguard for healthcare professionals and organizations.

This article will delve into the intricacies of medical malpractice insurance, its importance, and what you need to know about it.

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Navigating Professional Malpractice in Atlanta: Your Path to Justice and Compensation

Professional malpractice, in any field, can be a distressing experience for those who have placed their trust and resources in the hands of professionals. 

Like any major city, the need for competent and ethical professionals is crucial in Atlanta. 

Unfortunately, there are instances where these professionals may fail in their duties, leading to a dire need for a professional malpractice attorney in Atlanta.

What Does a Professional Malpractice Attorney Do?

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Understanding Product Defect Injuries: Causes, Consequences, and Your Rights

In today’s consumer-driven world, we rely on many products for our daily needs, from household appliances to automobiles.

While most products are designed and manufactured with the utmost care, there are instances where defects can lead to injuries.

This article will delve into product defect injuries, exploring the causes, consequences, and your rights as a consumer.

What Are Product Defect Injuries?

Product defect injuries occur when a consumer sustains harm due to a defect in a product they have purchased or used.

These injuries

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Understanding Product Liability Class Action: Protecting Consumers’ Rights

Product liability class actions have become increasingly prevalent in today’s consumer-driven world.

These legal actions empower consumers to seek justice when a defective product has harmed them.

This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.

What Is a Product Liability Class Action?

A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively

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Unveiling the Truth: Medical Malpractice Investigation

In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.

Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.

This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,

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