Finch McCranie, LLP

Traumatic Brain Injury

In our practice we frequently handle cases involving traumatic brain injuries. Traumatic brain injury can occur in a variety of ways. It can occur when there is a rapid acceleration and/or deceleration of the brain such as in an automobile collision whiplash scenario. Traumatic brain injury can also result when the head comes into contact with another object such as in a motorcycle accident, automobile accident, or a blow to the head. This type of injury is sometimes referred to as a “closed head injury.”
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Wrongful Death

A wrongful death occurs when a person’s death is caused by the wrongful act or negligence of another. A wrongful death is the basis of a lawsuit against the party or parties who cause a wrongful death. The action may be filed on behalf of certain members of the family of the deceased due to the wrongful death. The State of Georgia provides two causes of action in the event of a wrongful death. The first cause of action belongs to the survivors as determined
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Defective Tires

There are many news reports of one car collisions in which a vehicle goes out of control and strikes an object, such as a median barrier or a tree, killing the occupant. While it is only natural to assume that the driver of the vehicle was somehow at fault, this is not always the case. In our practice, we see cases in which it first appears that the driver was at fault, but further investigation reveals that a defective tire was the cause of the
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Dog Attacks

It seems that almost every day there is a headline in the local paper or on the TV news concerning horrible injuries suffered by a person attacked by a dog. This firm has successfully handled a large number of liability cases in which our clients were viciously attacked and injured by dogs.
Georgia law provides two ways that an animal owner or handler may be found liable for injuries inflicted by the animal. The first requires that the victim prove: (1) that the animal is
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Uninsured Motorist Coverage: More Necessary Than Ever

One of the unfortunate occurrences we see in our practice all too often is the regrettable case where our clients believe they have more insurance coverage than they have in actuality and less than what they need. It is not unusual for us to see a client who has excellent liability coverage, for example, $300,000.00 – $500,000.00 in single limit coverage (or better). That same client, however, even though they have $300,000.00 – $500,000.00 in liability coverage protecting the third party in the event they are negligent will often times only carry $25,000.00 per person, $50,000.00 per accident in uninsured motorist coverage. In short, the clients have more coverage for the person that they might hurt than they have for themselves if they are hurt by a third party.

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A Welcome Erosion of Sovereign Immunity in Georgia

For many yearsin Georgia, unless a local government entity carried optional liability insurance coverage for automobiles under the control of city/county employees, it could not be sued no matter how much damage was inflicted by their actions. Of course, this resulted in tremendous injustices throughout our state. Finally, in 2004 because many, many innocent members of the motoring public were being injured by the acts of negligent government employees, the Georgia Legislature acted to waive sovereign immunity in such cases.

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High Speed Police Chase Cases: An American Tragedy

Some lessons are never learned. The law enforcement community has known for almost 20 years now that the dangers attendant to high speed police chases are tremendous. Indeed, the data of such dangers began accumulating in the 1980’s that the public price of these high speed police chases was simply too great to continue to allow unrestricted chases by the police. By 1990, the data was inescapable. Indeed, in 1990 alone, there were 314 deaths and over 20,000 injuries associated with high speed police chases. Many of the deaths involved the police themselves (not to mention the fleeing suspects) and thousands of innocent third parties who got caught up in the chase. This was known over 17 years ago. Unfortunately, the law enforcement community still continues to defend its actions when death to the innocent is caused by unwarranted and unnecessary high speed chases.

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An Abbreviated Checklist For The Federal Tort Claims Act

We have handled many federal tort claims on behalf of clients over the years but, nonetheless, it is always helpful to have an Abbreviated Federal Tort Claims Act Checklist to make sure that we are in compliance with the law. Those who have never handled a case against the United States government may find some of the procedural requirements burdensome and difficult to navigate. Nonetheless, once a checklist is developed, the procedure is actually fairly easy to follow but and this is an important but, it must be followed correctly. Here are some of the items on our list:

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When a Privileged Conversation Isn’t: The Crime-Fraud Exception to Attorney-Client Privilege

a binder of files chained with a padlock

When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government?

This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny.  “The extensiveness and complexity

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“Extra Icing on a Cake Already Frosted”: The Supreme Court’s Continuing Concern with Overcriminalization

Extra Icing on a Cake Already Frosted

You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.”

That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which the Court reversed the Eleventh Circuit Court of Appeals in a prosecution arising under the Computer Fraud and Abuse Act (CFAA).  After considering “the text, context, and structure” of the CFAA, the Court resolved the issue in dispute—i.e., the cake was “frosted.”  But the Court then added “extra icing” and emphasized—again—its profound concerns with federal prosecutors using broad federal criminal laws to target ordinary, seemingly innocent conduct.[1]

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Punitive Damages in Atlanta, Georgia Wrongful Death Cases

Punitive DamagesAs mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985).

Like with the wrongful death claim itself, punitive damages were not allowed under common law.

They are statutory in nature, and consequently, they are strictly construed.

The relevant statute
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What damages are available in an Atlanta, GA wrongful death case?

Punitive Damages LawyerThis is Part I of a discussion concerning what damages are available in Georgia wrongful death cases.  Part II will be published next week.

Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for any of the necessary or personal expenses of the decedent had he or she lived;
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Predictions For Future PPP Fraud Prosecution By DOJ

PPP Fraud Prosecution

[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021.  The article concerns PPP fraud and enforcement.  Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions.  If you are contacted by a law enforcement or regulatory authority regarding a PPP loan or other business transaction, do not hesitate to contact our capable team.]

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What is the “trial penalty” in federal criminal cases and does it mean I shouldn’t take my case to trial?

trial penalty

Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial.  And yet, because of the trial penalty, that happens all too often.[1]

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Trucking Accidents and Commercial Vehicle Accidents in Georgia

Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck.  The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia.  A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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The Right to Confrontation in an Era of Videoconferences

Videoconferencing has skyrocketed in popularity because of the pandemic.  Just check Zoom’s stock.  Seemingly overnight, what used to be an irregular method of business communication has become commonplace.

Courts have embraced the craze, frequently holding hearings and other meetings by video.  But there are limits to what a court can permissibly accomplish by video.  While some observers have suggested videoconferencing is a potential solution to the problem of requiring live, in-person testimony during a pandemic spread by airborne particles, the Supreme Court of Michigan held in a recent criminal appeal that “two-way, interactive video testimony violated the defendant’s Confrontation Clause rights.”[1]

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Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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DOJ’s Focus on PPP Fraud and Some Investigative Considerations in Evaluating a Client’s Exposure to Prosecution

In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals.  In short order, a torrent of federal spending flowed.  While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional relief programs, the Department of Justice (“DOJ”) remains focused on investigating and prosecuting fraud schemes arising from relief programs rolled out at the beginning of the pandemic.[1]

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