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..

(more…)

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
(more…)

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
(more…)

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.

(more…)

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
(more…)

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.

(more…)

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.

(more…)

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.

(more…)

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.

(more…)

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
(more…)

How Do Lawyers Near Me Handle Insurance Negotiations?

When you’re reeling from an accident or injury, insurance negotiations might feel like the last thing you can handle. 

But make no mistake: insurance companies are trained to minimize payouts and maximize profits — not help you recover. 

If you’ve ever wondered, “how do lawyers near me handle insurance negotiations?” you’re asking the right question.

In this in-depth article, we’ll walk you through how professionals — from an Atlanta car accident lawyer(more…)

How Weather Conditions Influence Truck Accident Liability: What Victims Should Know

Weather is a major factor in road safety, especially for large commercial trucks.

Even mild rain, fog, snow, or wind can turn routine driving into a serious hazard—and complicate questions of legal responsibility.

Truck drivers must be trained to adapt to these conditions, yet many accidents happen because of poor decisions or company negligence.

Proving liability in weather-related crashes is challenging, but with fast action and deep legal knowledge, it’s possible to hold the right
(more…)

What Truck Accident Victims Should Know About Electronic Logging Device (ELD) Data

One of the most devastating events on our roadways is a truck accident.

These collisions frequently cause serious injuries or fatalities because of the size and weight of commercial vehicles.

In the aftermath, victims and their families are left not only coping with trauma and medical bills but also searching for answers: What caused the accident? Could it have been prevented? Who is liable?

More precise and fact-based solutions to these problems are now feasible
(more…)

Is There a Cap on Wrongful Death Compensation? What Families Should Know About Limits

One of the most terrible things a family can go through is losing a loved one because of the carelessness of another person.

Knowing your legal rights and alternatives becomes crucial during this extremely taxing period, particularly with regard to wrongful death compensation.

Is there a cap on wrongful death damages? This is a question that many families have.

The answer isn’t simple and varies widely depending on where you live and the specifics of your
(more…)

Legal Rights of Parents in Unborn Child Wrongful Death Cases

It is an unfathomable sadness to lose an unborn child as a result of someone else’s carelessness.

In Georgia, parents have legal avenues to seek justice and compensation through wrongful death claims.

However, these cases are fraught with complexities, and understanding the legal framework is crucial.

Understanding Wrongful Death in the Context of Unborn Children

Georgia law allows parents to pursue wrongful death claims for the loss of an unborn child, provided certain conditions are met.

Usually at 24 weeks of gestation, the fetus
(more…)

Medical Malpractice Settlements vs. Jury Trials: Which Is Right for You?

When a medical procedure goes wrong, the consequences can be devastating—emotionally, physically, and financially.

Victims and families often face a whirlwind of pain, confusion, and legal questions.

One of the most important decisions you’ll face in a medical malpractice case is whether to accept a settlement or pursue a jury trial.

Each path comes with its own risks and rewards, and making the right choice could shape the outcome of your entire case.

(more…)

Who Can File a Medical Malpractice Claim? Understanding Your Rights

You may be able to file a medical malpractice claim when you or a loved one experienced harm as a result of a medical professional’s carelessness.

Many people aren’t sure whether they have the right to file or if their situation qualifies as malpractice.

As seasoned medical malpractice attorneys at Finch McCranie LLP, we believe understanding your legal rights is the first step in holding healthcare providers accountable and seeking the justice you deserve.
(more…)

How Settlements Work in Medical Malpractice Cases

Without competent legal assistance, allegations of medical negligence can be difficult to handle due to their complexity, emotional content, and difficulty.

It’s essential to understand how settlements in medical malpractice cases work if you or a loved one experienced harm as a consequence of a healthcare provider’s negligence.

Many parties prefer to settle their cases out of court, but it’s crucial to understand what that process involves, what to anticipate, and how an experienced medical malpractice
(more…)

What Evidence Is Critical in Truck Accident Injury Lawsuits?

Truck accidents frequently result in catastrophic injuries or fatalities, making it one of the most damaging categories of personal injury incidents.

A accident between a commercial truck and a smaller vehicle can have serious financial, psychological, and physical repercussions.

In the aftermath, pursuing legal action may be the only way for victims to secure the compensation they deserve.

But not every claim is successful. The quality and extent of the evidence acquired nearly totally determines
(more…)

The Role of Expert Witnesses in Medical Malpractice Lawsuits

In medical malpractice trials, expert witnesses are essential because they help the court make sense of complicated medical data.

With a background in healthcare, they analyze medical records to identify whether the standard of care was breached and explain how such breaches caused harm.

Their evidence enables the holding of negligent medical professionals accountable by translating medical jargon into English that juries and judges can easily understand.

Having worked both as a nurse and now
(more…)

Secret Link