Finch McCranie, LLP

The Impact Of Pre-Existing Injuries On Personal Injury Cases

All experienced attorneys that practice in the personal injury field are familiar with insurance companies attempting to exploit prior injuries sustained by clients. The argument often used is that the injury caused in the car wreck, tractor-trailer accident, slip and fall incident, or other personal injury case was not caused by the negligence of the person being sued, but rather, that the victim of the negligence is simply malingering and/or claiming damages for a pre-existing injury. Insurance companies subpoena health records as far back as
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Five Hour Energy Drinks: A Potential Killer

According to the Food and Drug Administration (FDA), it has received reports of 13 deaths associated with the use of the popular “Five Hour Energy” drink. Because the FDA’s investigation is ongoing, currently it is not known what has caused these reported deaths. Is it because the product has too much caffeine that results in heart attacks? Or is it because of other ingredients in the drink which are not subject to FDA regulations (because it is considered a dietary supplement)? The Five Hour Energy
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Using The Glasgow Coma Scale To Determine The Severity Of Brain Injury

In many of our serious automobile collision cases we unfortunately find ourselves representing victims of a traumatically induced brain injury. During any serious car accident, unfortunately victims oftentimes strike their heads either on the seat or some other interior portion of the car. This can sometimes result in a loss of consciousness, confusion, dizziness or otherwise. When emergency personnel arrive at the scene of a serious wreck and diagnose those who appear to be confused or dazed, they typically use an assessment tool called
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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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How Long Do You Have to Sue for Medical Malpractice?

When it comes to medical malpractice, time is of the essence. If you believe you have been a victim of medical negligence, you may wonder how long you have to take legal action and sue for medical malpractice. The timeline for categorizing a medical malpractice lawsuit can vary depending on many elements, including the jurisdiction and the nature of the case. In this article, we will delve into the intricacies of the medical malpractice statute of limitations and provide you with a comprehensive understanding

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What Percent Of Motorcycle Accidents Result In Injury Or Death?

Motorcycle accidents can have severe consequences, often resulting in injuries or even fatalities. Understanding the statistics and factors involved in motorcycle accidents can provide valuable insights into the risks riders face on the road.

Common Causes Of Motorcycle Accidents

Motorcycle accidents can occur due to various reasons, including:

What Percentage Of Motorcycle Accidents Are The Rider’s Fault?

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How Long Does a Medical Malpractice Law-suit Take?

When it comes to medical malpractice cases, time is of the essence. Patients who have experienced harm due to medical negligence often wonder how long it will take to resolve their lawsuit. While there is no definitive answer, as each case is unique, it’s essential to understand the typical timeline and factors that influence the duration of a medical malpractice lawsuit. This article will delve into the different stages of a medical malpractice case and provide insights into the time it may

take to resolve.

Typical Timeline of a Medical Malpractice Lawsuit

The Initial Stages: Filing a Law-suit

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What Is Product Liability Law? – Legal Considerations To Know

Product liability law refers to the legal framework that holds manufacturers, distributors, and sellers accountable for defective products that cause harm or injury to consumers. It is based on the principle that companies are responsible for ensuring the safety & quality of the products they bring to the market. When a product fails to meet these qualities & results in harm, the injured party may have grounds for a product liability claim.

Understanding product liability law

is crucial for both consumers and businesses. Knowing their rights and obligations enables them to navigate the complexities of product liability cases more effectively.

Understanding The Product Liability Law

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What is the Statute of Limitations on Medical Malpractice Cases?

Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first understand the limitations period. This article will delve into the complexities of the medical malpractice statute of limitations, its significance, the factors influencing it, and how to effectively

navigate the legal process.

Understanding the Law of Limitations for Medical Malpractice

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What Is Medical Malpractice And Negligence

Medical malpractice is when a healthcare expert, such as a doctor, nurse, or other medical personnel, deviates from the obtained standard of care, resulting in harm or injury to a patient. On the other side, negligence is a broader legal concept encompassing various forms of professional medical malpractice and misconduct.

Medical malpractice takes place when a healthcare provider fails to provide the quantity of care that a reasonably skilled and competent professional in the

same field would provide under similar circumstances. It involves an act or omission that falls below the standard of care, causing injury, harm, or even death to a patient.

What Constitutes Medical Malpractice?

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Opioid Prescriptions, Prosecution of Physicians, and the Mens Rea Dividing Line

opioids

In response to the opioid crisis, the Department of Justice (“DOJ”) has long prioritized prosecution of doctors prescribing opioids in violation of the Controlled Substances Act (“CSA”), 21 U.S.C. § 841.

Passed in 1971, the CSA is an expansive criminal statute originally designed to prosecute people involved with trafficking so-called street drugs—i.e., marijuana, heroine, cocaine, and the like.

Because the CSA was not created to target licensed medical doctors prescribing controlled substances with legitimate medical uses (e.g., opioids)—or to criminalize the provision of socially beneficial medical care more generally—there have long been questions about how to apply the CSA fairly in physician prosecutions.

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