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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Wrongful Death Attorney in Duluth, GA: How Gwinnett County Families Can Pursue Justice

A wrongful death attorney can help Duluth, GA and Gwinnett County families understand their legal options after a preventable fatal loss. 

When a loved one dies because of negligence, medical malpractice, a truck accident, car accident, unsafe property, defective product, workplace-related third-party negligence, or another wrongful act, families are often left with emotional, financial, and legal uncertainty.

A Georgia wrongful death claim is a civil claim, not a criminal prosecution. 

It is designed to help eligible family members pursue accountability and financial recovery after a fatal event caused by another party’s conduct. 

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Is Medical Malpractice a Criminal Act? What Atlanta Patients Should Know About Hospital Error Cases

Is medical malpractice a criminal act is a common question for Atlanta patients and families after a serious hospital error, surgical mistake, medication error, delayed diagnosis, or preventable injury. 

In most cases, medical malpractice is handled as a civil claim, not a criminal case. 

A civil medical malpractice claim focuses on whether a healthcare provider failed to meet the accepted standard of care and caused harm to the patient.

Some extreme cases may involve criminal investigation, but that is not the usual path for most medical malpractice lawsuit cases. 

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Delayed Cancer Diagnosis in Georgia: When Late Detection May Require a Medical Malpractice Lawyer in Duluth

A medical malpractice lawyer in Duluth can help patients determine whether a delayed cancer diagnosis may involve medical negligence.

When cancer is not diagnosed as early as it reasonably should have been, the delay may affect treatment options, prognosis, medical expenses, quality of life, and long-term outcomes.

For some patients, delayed detection may lead to more aggressive treatment. For others, it may result in a worsened condition or a fatal outcome.

However, not every delayed cancer diagnosis is medical malpractice. Cancer can be difficult to diagnose, symptoms can resemble less serious conditions, and medical providers are not automatically liable because a disease was found late. 

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How Legal Support From a Wrongful Death Attorney Near Me in Duluth Helps Families After a Loss

A wrongful death attorney near me can give Duluth families local legal guidance after a preventable fatal loss.

When a loved one dies because of medical malpractice, a truck accident, unsafe property, a car crash, or another negligent act, families may be left dealing with grief, expenses, insurance calls, legal questions, and uncertainty about what comes next.

Legal support cannot remove the pain of the loss. However, it can give families direction when important decisions must be made.

A wrongful death lawyer near me in Duluth can explain who may have the right to bring a claim, what early steps may matter, how insurance companies may respond, and what information should be reviewed before any settlement decision is made.

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When Is Misdiagnosis Considered Medical Malpractice in Duluth, GA? What Patients Must Prove to Win a Claim

Patients can contact a misdiagnosis lawyer in Duluth to determine whether a wrong diagnosis, delayed diagnosis, or failure to diagnose may qualify as medical malpractice. 

Not every diagnostic mistake is legally actionable, and not every poor medical outcome means a doctor or hospital was negligent. 

However, when a provider fails to follow accepted medical standards and that failure causes serious harm, the patient may have grounds for a medical malpractice claim in Georgia law.

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Common Mistakes That Hurt Injury Claims

After an accident, many injured people focus on medical treatment, missed work, and repairing their lives.

During this stressful time, it is easy to make mistakes that may hurt a personal injury claim.

Insurance companies often look for ways to reduce compensation or deny claims.

Certain actions, delays, or statements may make it harder to prove what happened or show the full extent of the injuries.

Understanding common mistakes can help injured people protect their rights and avoid unnecessary problems.

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Personal Injury Settlement Process Explained

A personal injury claim may arise when someone is injured because of another person’s negligence.

These cases can involve car accidents, truck accidents, slip and fall incidents, defective products, workplace injuries, dog bites, or other situations where someone fails to act safely.

After an injury, victims often face medical expenses, lost wages, pain, stress, and uncertainty about what happens next.

Understanding how the settlement process works can help injured people make informed decisions.

People
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What to Do After a Truck Accident in Atlanta

A truck accident in Atlanta can result in severe injuries, significant property damage, and long-term financial strain. Due to the size and weight of commercial trucks, these accidents are often more dangerous than regular car accidents. After such an event, it’s essential to understand the immediate steps to take in order to protect your health, preserve evidence, and support any future personal injury claim.

If you’ve been involved in a truck accident, taking the right steps
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What Damages Can Be Recovered in a Georgia Personal Injury Case?

After a serious accident, most people think first about medical bills. 

While medical expenses are often a major part of a claim, they are only one piece of the compensation that may be available in a Georgia personal injury case.

An injury can affect nearly every area of your life. You may miss work, struggle with ongoing pain, lose the ability to enjoy your normal activities, or face permanent physical limitations. 

In wrongful
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How Much Is a Personal Injury Case Worth in Georgia?

If you are wondering how much a personal injury case is worth in Georgia, the answer depends on several factors, including the severity of your injuries, the cost of your medical treatment, the impact on your ability to work, and whether the other party was clearly at fault. 

No two cases are exactly alike, which means the value of a claim can vary significantly from one situation to another.

A minor injury claim involving a short recovery
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