Finch McCranie, LLP

How Do I Find An Experienced Lawyer And Attorney

We have blogged before about the need for consumers to protect their interests when trying to retain an attorney. Truck accident cases present many obstacles for attorneys who do not regularly practice in the area. The Federal Motor Carrier Safety Regulations oftentimes control this type of case and yet many attorneys are not familiar with the requirements imposed by federal law. Additionally, the technology available on trucks that can be downloaded by experts with proper computer software may present different evidentiary and investigative challenges
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Georgia Uninsured – Underinsured Coverage Changes

Georgia law relating to uninsured automobile insurance has changed effective January 1, 2009. We have previously written about the importance of uninsured/underinsured (UM) coverage. Essentially this is coverage which protects you and your family if you are injured in a wreck caused by a person with no or low limits of insurance. Unfortunately there are many of these drivers on the roads in Georgia.
Under the new law the major changes relate to the ability to purchase increased coverage. This is best understood by way
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Unethical Health Insurance Practices

Our Atlanta, Georgia lawyers see health insurance companies deny valid claims on a daily basis, depriving policyholders of necessary medical care to which they are entitled. Now, a California health insurer has been caught red handed. The insurer, Health Net, has agreed to pay as much as $14 million to settle a pair of lawsuits brought on behalf of 800 former policyholders whose coverage was dropped after they submitted substantial medical bills.

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Contaminated Peanut Salmonella Cases: A Georgia Scandal

The more one reads about the problems with the products distributed by the Peanut Corporation of America, the more one realizes that there were serious management problems with that Company’s plant in Blakely, Georgia. According to published reports, when federal and state inspectors went to the plant, they found evidence of mold, leaking roofs and other unsanitary conditions. According to an FDA report, not only was there mildew on the ceiling roof of the storage room, there was also evidence of infestation by cockroaches
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“How Much Is My Personal Injury Case Worth?”

The above questions are often asked by clients who have been seriously injured in an automobile case or a trucking collision. Regrettably, there are some attorneys out there who will give unrealistic “pie in the sky” answers to such questions, usually for the purpose of trying to convince a client to retain their services. A good lawyer, however, will usually not provide a response to these questions until he or she has fully investigated the case and has access to all of the
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Legionnaires Disease At Atlanta Hospital

An outbreak of Legionnaires’ disease has been confirmed at Atlanta, Georgia’s Grady Memorial Hospital. Water tests confirmed today that two units at Grady Memorial Hospital were the source of the bacteria that caused Legionnaires. Four patients have been sickened by the disease.
A Grady spokesman claimed this was the first time in Grady’s history that the Downtown Atlanta hospital has been the source for disease in patients. The two Grady patient units consisting of and 80 beds have been closed since last week. The Grady
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Georgia Parents and Children Affected By Vaccine Rulings

Many Georgia parents, and thousands of parents across the country who have children suffering from autism, received bad legal news today. They had claimed that childhood vaccines had caused their children to develop autism.
In a long awaited decision, a special court rejected their claims and ruled that they are not entitled to federal compensation. The decision in three test cases is a severe blow to a national movement that has argued that childhood vaccines have been responsible for the surge in autism diagnoses in
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Finding The Right Georgia Lawyer For Your Case

On the way to work today I saw an automobile accident that had just occurred. A lady had been rear-ended by an automobile on the interstate highway. The cars were very badly damaged and it was clear that one of the drivers was injured. The ambulances had not yet arrived.
As I drove by the accident scene, I thought to myself, “I wonder how this unfortunate lady will find a competent Georgia automobile accident attorney to represent her interests effectively, competently, honestly, ethically and
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Georgia Drivers Beware: Uninsured Drivers On The Increase

We heard a radio piece on National Public Radio the week before last about the rise in uninsured motorists nationwide. It is now estimated that as many as 16% of the motoring public are driving without insurance. In today’s tough economic times, people are failing to pay not only their house bills, which has lead to the mortgage crisis, but also their car insurance bills. This means that many motorists are endangering the lives of their fellow motorists as they drive. Obviously, they are hoping that they will not be involved in an accident. If they are, it is not the driver who causes the accident which is at risk, it is the innocent victim of their reckless conduct.

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Hospitalized Patients Cannot Identify Treating Doctors

Our Atlanta lawyers interview potential clients on a daily basis concerning their injuries and hospitalizations. Many times, potential clients, even those who have been hospitalized for long periods, cannot tell us the name or names of the doctors who treated them in the hospital. Now, a recent survey has shown that this is a common occurrence. According to the survey, hospital patients are rarely able to identify their doctors by name or to describe their roles in the patients’ care.
Researchers at the University of
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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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