Finch McCranie, LLP

Closing Arguments for Juries in Serious Injury Cases

.We continue in this artice our Previous blog and presentation on the delivery of effective Closing Arguments in jury trials.(See entry of 3/13/07). We continue as follows:
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
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Your Duties Under The Georgia Workers’ Compensation Act

We cannot tell people how many times unrepresented, injured workers sabotage their cases by failing to comply with their own obligations under the Georgia Workers’ Compensation Act. At a minimum an employee who sustains an on-the-job injury must do the following:
1. Report any on-the-job injury within 30 days of the date of the injury. Although the law provides that an employee should notify the employer within 30 days, any injury should be reported immediately. If you do not report your injury immediately, you may
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Basic Overview of Benefits Available Under the Georgia Workers’ Compensation Act

Many people are unaware of what benefits are available to an injured worker in Georgia. Accordingly we thought it might be helpful to clients or potential clients to have an overview of the basic benefits.
(A) TEMPORARY TOTAL DISABILITY WEEKLY INCOME BENEFITS:
If you are injured and begin losing time from work, you are entitled to receive 2/3 of your average weekly wage up to a maximum of $450.00 per week. The first seven days of compensation are not payable until or unless you have
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Bias In The So Called “Independent Medical Examination”

For over twenty years, we have handled personal injury claims and workers compensation claims of all types. Anyone who has done the same has witnessed the perversion of our system of justice by medical doctors who are performing so called “independent medical exams” for insurance companies and their lawyers. It has always amazed us that medical doctors who spent years of hard work to be able to exercise their own independent judgment in diagnosing and treating injured or sick people are so ready, willing and
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Preparing and Delivering Closing Arguments in Serious Injury Cases

We thought it would be interesting for our readers to understand how experienced attorneys prepare and deliver effective Closing Arguments to juries in serious injury cases. What we have decided to do is to blog about this very interesting subject in a series of brief articles over the next several days. What follows, in fact, is a portion of a presentation delivered by one of our attorneys at a continuuing legal education seminar for the Georgia Bar.
We begin as follows:

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Georgia Firefighter With Heart Attack Awarded Workers Compensation Benefits

Recently, we successfully represented a Georgia firefighter in a workers compensation claim against the county for which he worked. The injury he sustained was a heart attack. Needless to say, the employer denied his claim and took the position that his job had nothing whatsoever to do with the injury to his heart. In researching this injury, we learned that forty percent of on-duty firefighter deaths in the last decade were due to heart attack, according to a recent U.S. Fire Administration report. This is
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Workers Compensation Claims/Uninsured Georgia Employers And The Problems They Cause For Claimants

There is an ever increasing problem for many Georgia workers who become injured and disabled as a result of work injuries. The problem is uninsured employers. We recently got a call about a new workers compensation claim from a worker who was seriously injured as a result of a fall. In fact, this worker had been in the trauma unit of a hospital for several months at the time of this call. He had multiple orthopedic injuries, including leg and arm fractures requiring many surgeries.
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Atlanta Bus Accident Tragedy Takes 6 Lives

We heard today on a radio broadcast that struck very close to home that four young men from a college in Bluffton, Ohio had been killed, in addition to a bus driver and his wife. Nine others were seriously injured when a charter bus crashed off of an exit ramp off interstate highway I-75 (inside the city limits of Atlanta) back onto the highway. The facts and circumstances surrounding this tragedy are still being investigated, however, this is an all too familiar tragedy that we
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PRODUCTS LIABILITY

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, the assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer of a product or someone to whom the product was loaned, given, etc. can be subjects of product liability suits.
Depending on the jurisdiction, product liability claims can be based on negligence, strict
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Another Atlanta Police Chase Case With Fatalities

Just a few weeks ago we blogged about the dangerous nature of police chase cases. See Blog entry entitled High Speed Police Chase Cases: An American Tragedy (2/15/07). Today we wake up with a headline in the Atlanta paper stating that “Two teens are dead and four others injured in a police chase case involving a juvenile that was driving a stolen vehicle.” According to the newspaper report of this incident, police in Clayton County, just outside of Atlanta, pulled over a joyriding juvenile who
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Products Liability Claims Based On Failure To Warn

All manufacturers have a duty to warn consumers of dangers associated with the use of their products. An example of this would be drug manufacturers who dispense and promote the sale of prescription medication with known side effects. Warnings of these side effects must be provided to consumers so that they can make informed choices before they use such products. However, many different products in the marketplace have risks attendant with their use and consequently it is incumbent upon the manufacturer to warn the public
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Suing Restaurants And Lounges For Serving Alcohol To Visibly Intoxicated Patrons

The Dram shop theory of liability is a legal doctrine which essentially holds that restaurants and lounges who serve noticeably intoxicated patrons with alcoholic beverages knowing that they are soon to drive can be held liable to third parties who are injured by such drunk drivers. Drunk driving is a major problem in this country and those vendors, including specifically restaurants and lounges, who serve visibly intoxicated patrons should be held legally liable for the damages inflicted by their customers. Responsible restaurant chains and lounges
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Tire Failures Cause Many Automobile and Truck Accidents

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

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Malfunctioning Products And Wrongful Deaths

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

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Wrongful Death Of A Child Where The Parents Are Divorced Or Separated

Georgia has an “equitable apportionment” statute which essentially states that either parent of a deceased child, when divorced, separated or living apart, may file a lawsuit for the wrongful death of their child, notwithstanding the divorce or separation. In such a case, the parent that brings the wrongful death case does so in a fiduciary capacity proceeding not only on their on behalf but also on behalf of the divorced/separated spouse who obviously also has a legal interest in the death of their child.

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Punitive Damages In Georgia Wrongful Death Actions

In Georgia, as a general rule, punitive damages are not allowed in a wrongful death action. Commentary in various legal decisions have indicated that because damages in a wrongful death are somewhat punitive by nature that an award of additional punitive damages would be inappropriate. While punitive damages may not be collected in a wrongful death action per se, nonetheless, because of the unique provisions of Georgia law which confer upon the personal representative the right to bring a claim for property damage and/or
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How Does A Jury Calculate The Full Value Of The Life Of The Decedent?

In a wrongful death action, as indicated in other entries, juries in Georgia are permitted to award both economic and non-economic damages for the “full value of the life of the decedent.” We have written before about the intangible elements of the non-economic damages and the calculations that one would argue to a jury that would be appropriate in establishing lost wages over the earning lifetime of the decedent.
In calculating damages for the full value of the life of the decedent, obviously, every
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Road Debris On Georgia Highways Can Kill

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Not a week goes by that we do not see a significant amount of road debris laying in the middle of Atlanta highways. Just last week a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig.

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Using Annuity Mortality Tables In Wrongful Death Actions

Under Georgia law, there is a statutory Annuity Mortality Table which was passed into law in 1949. This table is commonly referred to by Georgia lawyers as “The Annuity Mortality Table 1949 Ultimate.” The figures in this table have been used for years in wrongful death actions and are still relied upon by juries today in assessing damages. Essentially, the Mortality Table shows that if a person has lived to a certain age that it is likely they will live a certain additional number
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Proving Damages For The Wrongful Death Of A Child

Obviously, the heartache, trauma and tragedy of losing a child is unspeakable. And yet, as set forth in prior entries, the measure of damages under Georgia law is not from the standpoint of the parents who sustained the loss of a child but rather from the standpoint of the child who lost their life. This can be difficult for any lawyer to prove because a child does not have proven earning’s records nor is the child’s future easily predicted. Typically, because parents who lose children
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