Personal Injury & Wrongful Death

On-The-Job Deaths Decreased 47% In 2009

In the late 70’s and early 80’s while I was employed in the Georgia claims department of a major insurance company, we had a very significant number of workers compensation death cases. Part of the reason was that the company wrote alot of assigned risk business but another reason was that the economy was doing well. Construction was booming and there were lots of jobs, especially construction jobs. Recently released statistics demonstrate that this is not the case now..

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Employer Liability For The Acts of Employees

Under Georgia law, employers are vicariously liable for the acts of the employees provided such acts are performed within the scope of their employment. If an employee is working on behalf of an employer and is acting within the scope of his or her duties, an employer will be liable if the employee negligently injuries a third party. The reasons for such liability are due to the fact that the injury arose out of and was caused by the performance of duties being performed on
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Mediating Personal Injury Claims

In a case where an innocent victim is victimized by the negligence of a third party, whether it be as a result of the negligent acts of a truck driver or due to medical malpractice committed by a doctor, a question often arises: Should a claimant in such a case consider mediation as a way of resolving their claims against the negligent defendant? Experience indicates that mediation is successful approximately eighty percent (80%) of the time so logic would dictate that all serious personal injury
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Cadillac Recalls SRX Vehicles

The Georgia injury lawyers at Finch McCranie, LLP have represented victims of dangerous products for over 40 years. These products which range from defective automobiles to defective humidifiers can cause serious injury or even death if they malfunction after being purchased by the innocent consumer.
Just last week, General Motors recalled over 4000 2010 Cadillac SRX crossover vehicles because of power steering problems. According to the company, power steering fluid could leak, causing a fire in the engine compartment. All of these cars were manufactured in 2009.
Although this may not seem like a significant problem, it could potentially be very dangerous if the vehicle were to catch on fire after being parked in a home garage or carport. Ford Motor Company found out they had significant exposure when Ford F series trucks with defective cruise control switches caused such fires. Those fires lead to a recall by Ford.

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Employer Liability for Employee Acts: Who Decides?

In a case where an injured party brings a claim against a person who caused them injury and that person’s employer, a jury question is often present as to whether the negligent employee was acting within the scope of his or her employment at the time they inflicted the injury upon the innocent third party victim. As long as a disputed issue of material fact exists, only juries can determine whether an employee was acting within the scope of their employment and/or acting solely for
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Tire Failures Are The Cause Of Many Of Georgia’s Automobile and Truck Accidents

Georgia injury lawyers often see car accidents and truck accidents caused by tire failure. A tire failure can also be the precipitating event in a vehicle rollover case. The causes of these tire failures vary but include manufacturing defects, road hazards and failure to keep the tire properly inflated.

In any motor vehicle crash where a tire failure is suspected, it is crucial to preserve the vehicle and especially the tires and rims so that they can be inspected by experts. Georgia injury lawyers know experts who can timely inspect and evaluate the evidence and who can testify at trial, if necessary.

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Tractor-Trailer Truck Tire Tread On Georgia Highways Is A Growing Problem

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Just a few weeks ago a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of retread rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig. This death should not have happened. Recently I got a call from the mother of the girl and we discussed the growing problem of road debris and in particular, large pieces of tractor trailer truck tire tread littering our highways.

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Offers Of Judgment: An Assault On The Civil Justice System

In Georgia there is a bad law on the books that was passed by the Republican dominated Legislature as part of its so-called effort at “tort reform.” We refer here to the provisions of O.C.G.A. § 9-11-68, the Georgia Offer Of Judgment statute. This statute provides that a party may make an offer of judgment to another party in a pending case in which the offering party agrees to settle the case for a specified sum. Thereafter, if the party to whom the offer is made fails to settle for the offer and later fails to obtain an award of at least seventy-five percent (75%) of the amount of the offer, then the party making the offer of judgment may petition the court for payment of its attorney’s fees from the date the offer was made until the less favorable award or loss.

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Georgia Couple Injured In Motorcycle Accident When Rear Tire Blew

Motorcycle riders are especially vulnerable to serious injury or death when involved in an accident with a careless driver. While many drivers fault the motorcyclist, we at the Finch McCranie firm know that most motorcycle operators are responsible, cautious individuals. Defective tires, or design problems with the motorcycle itself, can also cause a motorcyclist to crash. In such cases, the victims may have a viable products liabilty case against the manufacturer of the product.

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Cords On Window Blinds Continue To Kill

Cords on window blinds continue to kill an average of one child a month, despite a 16-year federal push to make them safer.
According to safety groups, a new voluntary industry rule on window blind cords does not address all strangulation risks to children and ignores input from consumer advocates.
The voluntary standard just published by the Window Covering Manufacturers Association (WCMA) prohibits accessible inner cords on Roman shades but still allows long draw cords. Inner cords weave between the slats of horizontal blinds or
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What Is the Difference Between Economic and Non-Economic Damages in Wrongful Death?

Surviving relatives may have the right to file a wrongful death claim when a loved one dies as a result of negligence, recklessness, or deliberate misconduct. 

These lawsuits provide a way to hold the responsible party accountable and secure financial compensation for the losses endured by the family. 

However, wrongful death compensation is not one-size-fits-all. 

It is divided into two primary categories: economic damages and non-economic damages. 

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How Does Wrongful Death Law Apply to Truck Accidents?

Truck accidents are among the most catastrophic events on the road due to the sheer size and weight of commercial vehicles. 

When these collisions result in fatalities, families are often left facing emotional devastation and overwhelming financial burdens. 

In such situations, wrongful death lawyer provides a legal pathway for surviving family members to seek justice and compensation. 

Understanding how wrongful death claims work in the context
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Can a Wrongful Death Lawyer in Georgia Take a Case on Contingency?

Families affected by the death of a loved one due to careless or intentional behavior often turn to the legal system for justice. 

In Georgia, wrongful death claims allow surviving family members to hold responsible parties accountable while seeking financial compensation. 

However, many families hesitate to file a wrongful death case because of the costs associated with legal representation. 

This raises an important question: Can a wrongful death lawyer(more…)

What Are the First Steps in Filing a Wrongful Death Lawsuit?

When a family member passes away because of someone else’s negligence or wrongful actions, the loss is not only emotional but often financial as well. 

Medical bills, funeral expenses, and the sudden absence of income can leave families struggling to find stability. 

Beyond the financial burden, there is also a deep desire for justice—to hold the responsible parties accountable for their actions.

Filing a wrongful death lawsuit can
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How Do I Know If I Need a Medical Malpractice Lawyer in Duluth?

Medical negligence is one of the most distressing experiences a patient or family can face.

When a trusted healthcare provider fails to meet the standard of care, it can lead to devastating and long-lasting consequences.

If you believe you or your loved one has suffered harm due to a medical error, you may be asking yourself whether you need a Medical Malpractice Lawyer.

In Duluth, understanding when to seek
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How Can a Misdiagnosis Attorney in Duluth Help After a Wrong Diagnosis?

A wrong medical diagnosis can be devastating, affecting not only the patient’s health but also their trust in the healthcare system. 

Whether it involves a delayed diagnosis, a mistaken condition, or an overlooked symptom, the consequences can be severe. 

Misdiagnosis can lead to inappropriate treatments, worsening of the condition, or even life-threatening outcomes. 

For patients and families facing such circumstances, a Medical Malpractice Lawyer in Duluth can be
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How Can a Medical Malpractice Lawyer in Duluth Prove Doctor Negligence?

Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard, resulting in harm or injury to a patient. 

While patients trust doctors to deliver competent and safe care, mistakes do happen. 

When these mistakes cause significant injury, patients often need the guidance of a Medical Malpractice Lawyer to seek justice and compensation. 

In Duluth, Georgia, proving doctor negligence requires careful investigation, expert
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Why Hire a Wrongful Death Lawyer in Duluth Instead of Handling It Alone?

Few experiences in life are as heartbreaking as losing someone you love.

When that loss happens due to someone else’s negligence—whether in a car accident, workplace incident, or medical malpractice—it becomes even more devastating. 

Families left behind often face overwhelming emotional pain, financial burdens, and legal complexities. 

During such a time, many wonder: Should we handle this on our own or hire a wrongful death lawyer in Duluth?
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What Does a Duluth Tanker Truck Accident Attorney Do?

Accidents involving tanker trucks can be some of the most devastating crashes on Georgia’s roads. 

Unlike standard vehicles, tanker trucks often transport hazardous materials such as fuel, chemicals, or industrial liquids. 

When these vehicles are involved in a collision, the consequences can be catastrophic — from massive explosions and toxic spills to multi-vehicle pileups. 

Victims of such accidents face serious injuries, mounting medical bills, and emotional trauma. 

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How to Find the Best 18-Wheeler Accident Lawyer in Duluth?

Accidents involving 18-wheelers can cause devastating consequences due to the size and weight of these massive commercial trucks. 

Victims often face severe injuries, significant medical bills, lost wages, and long-term physical or emotional suffering. 

In such cases, having the right 18-wheeler accident lawyer in Duluth can make all the difference in securing fair compensation and justice. 

But with so many law firms to choose from, how do you
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