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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

“Distraction Driving” Equals Dangerous Driving

The statistical evidence regarding automobile accidents continues to demonstrate that drivers who are distracted while driving are dangerous drivers likely to be involved in accidents. Texting while driving, using cell phones while driving and other distractive driving problems continue to cause more and more accidents on our highways and more and more injuries to innocent third parties endangered by such conduct.
According to the National Highway Traffic Safety Administration in 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals died.
(more…)

Toyota’s Sudden Acceleration Problems Mount

Last fall Toyota announced the largest auto recall in U.S. history after numerous sudden unintended acceleration accidents were reported, many of which resulted in fatalities. Now, Toyota has announced an additional recall of 2.3 million vehicles to correct this same problem. Why the additional recall? It appears that Toyota is doing so because ABC News is soon to report an increase in sudden acceleration cases since the recall last year. According to news reports, there have been 60 new cases of sudden unintended acceleration cases
(more…)

Graco Recalls Potentially Dangerous Strollers

Georgia injury lawyers know that defective and dangerous products of all types are sold in this country. The use of some of the dangerous products have resulted in serious injuries and in some cases death. Several years ago, the Georgia injury lawyers at Finch McCranie, LLP represented the family of a young boy in a products liability case. The boy died in a house fire caused by a defective humidifier. The types of dangerous products run the gamut.
A new
(more…)

Should I Settle My Personal Injury Case?

This is a question that we are asked by virtually every client in every case we have. The answer is that if a settlement offer is made which is approximately equal to what one can expect to receive at a jury trial then the case should be settled. In other words, there would be no need for a jury trial because the settlement offer being made is approximately what one would likely receive in front of a fair and impartial jurors. If the offer is
(more…)

Mediation: How It Works

Mediation can be employed at any stage of a civil dispute. It can occur before or after a lawsuit is filed. Our experience at this firm has typically been that mediation occurs after a lawsuit is filed and after the parties have become well acquainted with the strengths and weaknesses of both sides of the dispute. Once the parties have access to all the operative and materials facts via written discovery and depositions, it is not uncommon for one party to suggest a mediation of
(more…)

Should A Client Agree To Mediation In A Personal Injury Case?

The simple answer to this question is – Yes. Mediation is a tool that is oftentimes successfully used to settle disputes in a variety of contexts including personal injury claims. Whether the case involves breach of contract, employment disputes, medical malpractice, products liability or an automobile accident, mediation has proven to be an effective tool in resolving civil disputes. While it is not always successful, nonetheless, mediation is something that should be considered by virtually any client when trying to resolve a civil dispute. If
(more…)

Georgia Motorcycle Accident Results In Head Injury

As Georgia injury lawyers know, motorcycle accidents often result in serious injuries, which include brain injury and unfortunately sometimes death. Just yesterday, a teenager between the ages of 16 and 17 years old was injured in a motorcycle accident at Highland Park, a 1000 acre motorcycle and all-terrain vehicle (ATV) park in Cedartown, Georgia. Details of the accident are not know at present; however, officials have indicated that the victim has suffered head iinjuries. Redmond EMS requested Cedartown Rescue to assist.
(more…)

Suffering and Destruction In Haiti

The personal injury and wrongful death lawyers at Finch McCranie LLP see suffering and loss on a daily basis through the clients we assist. However, rarely have we seen death, destruction, and suffering on a scale as that which is occurring in Haiti as a result of the tragic earthquake.
This week, in a non- partisan effort to help alleviate this terrible situation, former Presidents George W. Bush and Bill Clinton joined forces to lead the effort to raise funds for relief. They issued a
(more…)

Mandatory Arbitration in Nursing Home Contracts Opposed

Mandatory arbitration agreements deprive citizens of their right to seek redress in the courts of this country. Many large businesses place these clauses in their consumer agreements as a requirement. It has been consistently shown that the arbitrations which flow from these clauses are skewed in favor of the large corporations. Simply put, arbitrators know that they will not continue to receive business from these companies if they rule against them.
Recently, public pressure has forced many credit card companies to remove these unfair clauses
(more…)

Dangerous Levels of Cadmium in Chinese Products

Children are being exposed to dangerous chemicals in toys and items manufactured in China. In recent years there have been numerous recalls of goods manufactured in China due alarming safety concerns. However, it seems the Chinese are continuing to flood the US market with dangerous and even deadly products.
Lab testing organized by The Associated Press revealed that cadmium is present in children’s jewelry, sometimes at levels exceeding 90 percent of the item’s total weight. Cadmium is a soft, whitish metal that occurs naturally in
(more…)

Secret Link