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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Family Files Wrongful Death Suit Over Police Chase That Ended in Fatality

It seems that everyday when our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. Today, we read about another tragic police chase, this one in Montana. The Billings Gazette reported that the family of a Billings nurse killed by a drunken teenager who was fleeing from police has filed a wrongful death and negligence lawsuit, claiming city officers and county deputies violated their own pursuit policies. Stahl died shortly
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Dangerous Contraceptive Pills Yaz and YasminShould Be Removed From The Market

As Georgia injury lawyers, we are well aware that citizens can no longer rely on the Federal Drug Administration (FDA) to be the guardian of public safety when it comes to new drugs that come to market. Every year, the cash rich pharmaceutical companies, with their high powered lobbyist market and sell dangerous drugs and medical devices to the public. The Coalition Against Bayer Dangers, a consumer watchdog group, has demanded an ban of “third generation” contraceptive pills with increased rates of side effects. Studies
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Aide Pleads Guilty To Neglect In Nursing Home Death

Nursing home neglect and nursing home negligence leading to the wrongful death or serious injury of the elderly is a growing problem. With the number of aging baby boomers steadily increasing, it is likely to continue to be a problem. Neglect takes many forms. Recently, we read that an Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year old Alzheimer patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sara Wentworth died of hypothermia earlier this

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Federal Pleading Standards Receiving Congressional Scrutiny

Pleading standards in Federal Courts have been dramatically impacted by two recent United States Supreme Court decisions. These decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, raised the standard that parties bringing a lawsuit must meet to avoid having their cases dismissed.
At issue is how specific a pleading must be under the Federal Rules of Civil Procedure. Rule 8 requires that a complaint include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Rule 12
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Serious Injury Or Death Often Results From Electrocution Injury

As Georgia injury lawyers, we have seen a number of electrocution cases over the years. Some of the electrocutions result in serious injury and many result in death. Electrocution injury can cause many problems which include, tingling, pain, tetany, palpitations, chest pain, respiratory arrest, amnesia, seizures, altered mental state, coma, blistering and wounds. This week we had occasion to investigate the electrocution of a client who is a lineman for an electric utility company. He was seriously injured when he came into contact
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Nine Deaths Linked To Highly Flammable Women’s Robes

The product liability injury lawyers at Finch McCranie,LLP have handled many wrongful death cases stemming from dangerous products. These products take many different forms. The Associated Press reported this week that full-lenght women’s chenille robes made in Pakistan are being recalled because they are highly flammable and are now linked to nine deaths of women, most of whom were in their 70’s and 80’s. Most of the incidents occurred while the victims were cooking.
Our firm has seen many wrongful death cases
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Doctors Convicted Of Felonies Still Paid By Taxpayers

Doctors who have committed crimes are still being paid by taxpayers for doing work for the Food and Drug Administration according to a report in the Wall Street Journal. This work ranges from conducting research for the agency or overseeing the safety of patients in clinical trials. The report takes the FDA to task for slowness in debarring ,( disqualifying ), health professionals who have been convicted of crimes.
The FDA has the authority to debar doctors from overseeing the safety of patients in clinical
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Ford Recall:Cruise Controls Malfunction

Recently our firm posted a blog about a tragic accident in Georgia where an 11-year old girl lost her life due to an apparent malfunctioning cruise control switch on a Ford Econoline Van. Last week, we noted with great interest that shortly after this tragic event occurred, the Ford Motor Company recalled 4.5 million vehicles over “faulty cruise control switches.” According to the recall, the faulty cruise control switches being recalled could cause a fire in the vehicle which was the stated reason for the
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Defective Cruise Control Suspected In Wrongful Death

We read today about a tragic case in which an 11-year old girl was killed in an accident that may have resulted from a defective product. According to news accounts, a 1997 Ford Econoline Van lost control near the intersection of U.S. 441 and Interstate 16 while the van was being operated by the child’s grandfather. The grandfather reported to the Georgia State Patrol that the cruise control had gotten stuck and that he could not cut it off. As the driver took the exit
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Recreational Off-Road Vehicle Rules Proposed

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC’s five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.
The off-road vehicles, also known as ROVs,
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