Personal Injury & Wrongful Death

Under the unique provisions of the Federal Tort Claims Act (FTCA), there is no right to a jury trial. What this means is obvious: once an FTCA lawsuit is filed and the United States of America is named as the defendant, if the case cannot be resolved thereafter and a trial is required, the trial will be before a United States District Court judge which will sit, not only as the finder of fact, but also as the Judge of the law. In short, the U.S. District Court Judge will conduct a Bench Trial without the assistance of a jury to determine whether the claimant can prove by a preponderance of the evidence that the United States government has committed an actionable tort which has resulted in damages against the claimant. If the claimant proves by a preponderance of the evidence that he or she was injured as a result of the tortious misconduct of a federal employee or agency, then in that event, the court will so rule and then will award appropriate damages caused by the tort.
In considering any claim under the FTCA, obviously, counsel will have to consider whether the U.S. District Court judge to whom the case is assigned is likely to rule favorably on the same. As an example, if the claim involves a medical malpractice claim against the Veterans Administration, the strength or weakness of the claim may convince counsel that a U.S. District Court judge may or may not rule favorably for the claimant. Such considerations obviously are important in considering whether a case should be settled or should be presented to the Trial Court. While the District Court does have the discretion to empanel a jury to render an advisory verdict any decision such a panel might make is not binding and the District Court is required by law to issue a ruling by itself relative to the merits of an FTCA case. Thus, in any case in which a civil claimant sues the United States government for damages caused by a tort committed by a federal agency or employee, counsel should always remember that they will only receive a Bench Trial in such a case and that it is the U.S. District Court that will decide all of the issues in the case.

We have blogged in the past about some of the unique provisions of the Federal Tort Claims Act (FTCA) and how they pertain to tort claims against the United States government. As an example, one unique provision is that no claim can be sued against the federal agency per se but instead only against the United States. In any lawsuit against the federal government in which a tort has occurred, the named defendant must be the United States of America. Thus, in a case where a postal driver runs a stop sign and injures someone or a drunk federal agent while on the job causes a collision with serious injuries, the lawsuit must be filed against the United States government. Of course, there are other unique provisions of the Federal Tort Claims Act which require pre-suit notification of a claim but nonetheless, if settlement negotiations are unsuccessful, the claim must be filed against the United States of America in United States District Court.
In terms of where a case should be sued, this is another unique provision of the Federal Tort Claims Act. The claim can be filed either where the tort occurred or where the plaintiff resides. For example, if a tort occurs in one state and the plaintiff moves and wishes to file the lawsuit against the United States of America in the district where they then reside, they can do so. The issue is which jurisdiction might be more favorable for the claim. Some jurisdictions are more conservative than others and some jurisdictions might be more favorable with respect to claims against the federal government based on the demographics of the federal bench in the area where the claim can be filed. Thus, in any of these cases, counsel for the victim of a federal tort claim should consider not only the proper venue but must make sure that all pre-suit filing requirements are met and, when suit is filed, that it is filed solely against the United States of America.

Injuries caused by contact lens are a serious problem in Georgia and elsewhere. The consequences of injuries from these seemingly harmless devices can be life changing, including blindness. Our lawyers have just recently concluded several cases involving injuries sustained by contact lens wearers.

The U.S. Food and Drug Administration has just released a report which reveals that more than 70,000 children and teens go to the emergency room each year for injuries and complications from medical devices. Contact lenses are the leading cause of these visits.

The F.D.A. researchers analyzed medical records from ER visits reported in a national injury surveillance system. Based on data from about 100 nationally representative hospitals, they estimated that 144,799 medical device-related complications occurred during 2004 and 2005, or more than 70,000 yearly.

Friday evening, a motorcycle accident in north Georgia injured two people. The wreck occurred before 8:00 p.m. on U.S. Hwy 41 in Tunnel Hill, Georgia.. Although details of the wreck have not been released and the accident is still under investigation, the motorcycle and a pickup truck collided. It has been reported that charges are pending against the driver of the truck. The driver of the motorcycle was flown to Erlanger Medical Center in Chattanooga and the passenger was taken to Hamilton Medical Center in Dalton.
Bikers are some of the most vulnerable travelers on Georgia roads. Traveling without a cage of steel around them, they may feel the freedom, but they’re also at risk for serious injuries or death in the event of a crash.
If you or someone you care about has been seriously hurt in a motorcycle accident that someone else caused, you are entitled to hold the careless person responsible in a court of law. Contact the Georgia injury lawyers at Finch McCranie, LLP today at 1-800 228-9159

Defective implanted heart defibrillators have been the subjects of many recalls over the last several years. This week, Boston Scientific Inc., advised doctors that a part in certain models of its implanted heart defibrillators made in 2006 and 2007 has a “somewhat higher’’ failure rate, requiring units to be reprogrammed. The company reported a failure rate of one in 670 devices. No deaths or injuries have been reported.

Boston Scientific estimates that about 34,000 patients still have the defibrillators implanted, even though they are no longer sold.

Boston Scientific temporarily recalled its defibrillators in March of this year after failing to notify US regulators of manufacturing changes. In April, the company recorded $1.8 billion in costs from the withdrawal. The company said the recall will result in the loss of four percentage points this year from the company’s share of the US defibrillator market.

Over the years the Georgia injury lawyers at Finch McCranie, LLP have represented clients who have been “falsely arrested”. In one memorable case, our client was accosted in the Lenox Mall parking lot by three store security officers who forcibly carried her back into the store where she was accused of shoplifting and strip searched. Eventually, the store realized they had made a mistake and told our client that she was “free to go”. She remained in the store and called the Atlanta who ended up arresting all three store security officers. A jury later returned a verdict for a million dollars.
The claims that can be brought against a business or an individual depend on the circumstances of the case. Georgia law recognizes different related torts in this area. Although the distinctions among the related claims have not always been clear in Georgia’s case law, Georgia’s Court of Appeals has tried to clarify them. They are: (1) false imprisonment, which is “unlawful” detention without judicial process, or without the involvement of a judge at any point (O.C.G.A. § 51-7-20); (2) false or malicious arrest, which is detention “under process of law (O.C.G.A. § 51-7-1); and (3) malicious prosecution, which is detention with judicial process followed by prosecution (O.C.G.A. § 51-7-40). An arrest “under process of law” is an arrest made pursuant to a warrant and the key distinction between malicious arrest and false imprisonment under O.C.G.A. §§ 51-7-20 and 51-7-1 is whether the person was detained using a warrant or not.
If you are falsely arrested you should consult with an attorney immediately. As with most cases, the sooner you can obtain counsel from a competent attorney, the better chance you have in making sure your rights are protected.

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.
Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.
Georgia law states, in part, “No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device”.
A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. Failure to exercise the required care can result in serious injury or the wrongful death of innocent victims. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and fatalities.

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http://www.serious-injury-litigation.com/As Georgia injury lawyers who have handled thousands of workers compensation claims, few on-the-job injuries are as horrifying to us as burn injuries.
Today 11 Alive News and WSB News reported that two Georgia Power employees suffered burns today as they were replacing a utility pole in Milton, Georgia. It is thought that as the crew was drilling a new hole for the pole, they hit a natural gas line which sparked an explosion. One of the injured Georgia Power workers, who was about 35 feet up in a bucket lift at the top of the pole, jumped to try to escape the flames. He was reportedly burned over 80% of his body and was airlifted to Grady Memorial Hospital’s burn unit.

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When most people hear about a motorcycle accident they envision a collision with a car or a truck; however, motorcycle accidents also occasionally occur as a result of debris and foreign objects on the roadway.
The Savannah Morning News reported today that on Sunday, a 23 foot trailer came loose from a Ford F-150 truck being operated by 66 year old Gerald Adams. The trailer crossed over the median on Interstate 16 where it collided with 26 year old Carroll Girtman, who was riding his Yamaha motorcycle in the westbound lanes.
Adams has been charged with second-degree vehicular homicide and operating an unsafe vehicle, both misdemeanors.
As a Georgia injury lawyer who often pulls a long, heavy boat trailer, I am always aware of the my responsibility to make sure that the boat is secured to the trailer, that the trailer is properly secured to the truck with safety chains, that the tires are in good shape and that all of the lights are operational. As the Savannah motorcycle case illustrates, when a trailer comes loose from a motor vehicle, it will almost certainly result in the serious injury, if not the wrongful death of an innocent person.
Although no additional details about why or how the trailer came loose were reported, there are alot of questions to be answered. Was the hitch properly secured to the vehicle? Were safety chains being used? If there was an equipment failure, is there a products liabilty case against the manufacturer of the hitch, ball or trailer manufacturer? If properly secured, trailers do not usually come loose from motor vehicles.

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The Georgia injury lawyers at Finch McCranie, LLP know that most motorcycle riders are good drivers and that many accidents are caused by other careless drivers. Such may have been the case yesterday in South Fulton County. WSBTV and The Associated Press have reported that a motorcycle accident has resulted in the death of a Jonesboro, Georgia man. The victim, Albert Davis, age 32, was riding the motorcycle at 2:20 a.m. on Old National Highway when the collison occurred. To date no one has been charged; however, investigators believe that Davis locked his rear brake before hitting the back of an SUV that had entered the roadway. The Fulton County police are continuing the investigation.