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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Medical Malpractice Settlements: Understanding Your Rights and Options

Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.

Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.

In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care

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Protecting Your Rights: Pursuing Medical Malpractice Claims

In today’s world, medical malpractice is an unfortunate reality that many individuals may face.

When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.

However, medical errors can and do occur, sometimes leading to serious harm or even death.

In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.

This article will guide you through the process of protecting your rights when faced with medical malpractice.

Understanding Medical Malpractice

What

is Medical Malpractice?

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Medical Procedure Error: Understanding, Prevention, and Legal Implications

Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.

However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.

In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.

What Are Medical Procedure Errors?

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Atlanta Injury Law Firm: Your Trusted Legal Partner

In today’s fast-paced world, accidents can happen when you least expect them.

Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.

That’s where an Atlanta injury law firm comes into play.

In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.

Understanding Personal Injury Law

Before delving into the

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Medical Errors Compensation: Understanding Your Rights and Options

In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.

While medical professionals strive for excellence in their practice, errors can still occur.

In such cases, it is crucial for patients to understand their rights and options for seeking compensation.

This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical

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Understanding Medical Errors Compensation: Navigating a Complex Landscape

In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.

These errors, though unintentional, can have serious consequences for patients and their families.

To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.

In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.

Medical errors are incidents in healthcare that

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Atlanta Accident Lawyer: Your Guide to Legal Support After an Accident

In the bustling city of Atlanta, accidents can happen at any moment.

Whether it’s a car collision, slip and fall incident, or workplace mishap, the consequences can be overwhelming.

This article serves as your comprehensive guide to understanding the role of an Atlanta accident lawyer and how they can provide the necessary legal support in times of crisis.

Understanding Personal Injury Law

To comprehend the significance of an Atlanta accident lawyer, it’s crucial to delve into the realm of personal injury law.

This

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Understanding the Role of a Dangerous Product Attorney

In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.

While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.

In such challenging circumstances, the services of a skilled and experienced professional become indispensable

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Product Liability Claim: Protecting Your Rights as a Consumer

In today’s consumer-driven world, we rely on various products for our daily needs.

From electronics to household appliances, automobiles to toys, we trust that these products are safe for use.

However, sometimes, products can malfunction or pose unexpected dangers, leading to injuries or damages.

In such cases, a product liability claim becomes crucial to protect your rights as a consumer.

Understanding Product Liability

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused

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Personal Injury Attorney Georgia: Navigating Legal Waters After an Accident

When life takes an unexpected turn and an accident leaves you injured, it’s essential to understand your rights and options.

In the state of Georgia, personal injury cases are subject to specific laws and regulations.

Whether you’ve been in a car accident, suffered a slip and fall, or experienced any other form of personal injury, having the right information is crucial for making informed decisions.

In this article, we’ll delve into the intricacies of personal injury cases in Georgia and the role of a

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