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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How Medical Malpractice Lawyers Help Victims of Prescription Errors

Medicine is meant to heal and improve lives, but when mistakes occur, especially with prescriptions, the consequences can be severe.

Every year, an estimated 7,000 to 9,000 people in the United States die due to medication-related errors, making these mistakes the third leading cause of death after heart disease and cancer.

Many more suffer from unreported complications, particularly those with chronic illnesses who are at greater risk. 

These prescription errors often result from
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How to Maximize Compensation After a Serious Truck Crash

A serious truck crash can be a life-altering event, often leading to significant injuries, emotional trauma, and financial burdens.

Navigating the aftermath of such an incident can be overwhelming, especially when facing off against powerful trucking companies and their insurers.

If you or a loved one has been involved in a major truck accident, understanding how to maximize your compensation is essential to securing the financial recovery you deserve.

One of the most critical
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How to Prove a Medical Injury in a Complex Malpractice Case

Proving a medical injury in a complex malpractice case is a challenging but crucial process for patients seeking justice.

When a trusted healthcare provider makes a mistake, the consequences can be devastating—physically, emotionally, and financially.

That’s where an experienced Medical Malpractice Lawyer becomes essential.

These professionals are skilled in uncovering negligence, building solid cases, and helping victims secure the compensation they deserve.

Understanding the Basics of Medical Malpractice

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Time Limits for Filing a Wrongful Death Suit in Georgia

Losing a loved one due to someone else’s negligence or intentional act is a devastating experience.

While no legal action can undo the tragedy, Georgia law allows surviving family members to pursue wrongful death claims to seek justice and compensation.

However, one critical aspect to be aware of is the time limit, also known as the statute of limitations, for filing a wrongful death suit.

Missing this deadline can result in the permanent loss
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Can You Sue the Government for a Wrongful Death?

Losing a loved one due to someone else’s negligence is devastating.

When the responsible party is a government agency or employee, the situation becomes even more complicated.

Many people wonder: Can you sue the government for a wrongful death? The answer is yes, but with specific procedures and limitations.

This is where experienced Wrongful Death Lawyers become essential in navigating the legal complexities.

Understanding Wrongful
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Understanding Workplace Fatalities and Wrongful Death Claims

Workplace environments, regardless of industry, carry inherent risks.

From construction sites and factories to office buildings and warehouses, employees face varying degrees of occupational hazards.

Unfortunately, workplace accidents sometimes lead to tragic fatalities, leaving families grieving and searching for answers.

In such devastating situations, Wrongful Death Lawyers play a vital role in helping families seek justice and fair compensation through legal avenues.

What is a Workplace Fatality?

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Top Reasons Wrongful Death Cases Fail (and How to Avoid Them)

Losing a loved one is devastating—especially when the death results from someone else’s negligence or intentional actions.

Families left behind often seek justice through Wrongful Death Claims, hoping to find closure and financial stability.

However, many of these cases never succeed in court or reach a settlement due to avoidable pitfalls.

Understanding the common reasons these cases fail—and how Wrongful Death Lawyers can help prevent them—is crucial for those
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The Difference Between Civil and Criminal Wrongful Death Cases

Losing a loved one is always devastating, but when that loss is due to someone else’s negligence or intentional act, the grief can be compounded by a desire for justice.

In the legal world, such cases often fall under the category of wrongful death.

However, not all wrongful death cases are treated the same.

They typically fall into two distinct legal categories: civil and criminal.

Understanding the
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What Damages Are Available in a Wrongful Death Claim?

When a loved one’s life is tragically cut short due to someone else’s negligence or intentional misconduct, families are left with not only emotional devastation but also financial burdens.

Wrongful Death Claims are designed to provide surviving family members with financial compensation to ease the losses and hardship that result from such a tragic event.

Understanding what damages are available in these claims is critical to ensuring that families receive the justice they deserve.
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Defending the Accused in a Wrongful Death Lawsuit: Legal Insight

Facing accusations in a wrongful death lawsuit is a deeply serious matter.

When a person dies due to alleged negligence—particularly in a hospital setting—the legal implications can be life-altering for the accused.

For healthcare providers, hospitals, or any defendants named in such cases, understanding the legal process and developing a strong defense is crucial.

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