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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Understanding Product Liability Law: Key Information for Consumers

Product liability law is a cornerstone of consumer protection, ensuring that products sold in the marketplace are safe for their intended use. 

This guide delves deeper into the nuances of product liability, empowering consumers with essential knowledge to navigate potential risks and legal rights effectively.

Introduction to Product Liability Law

Product liability law holds manufacturers and sellers accountable for ensuring that their products do not cause harm to consumers. 

It encompasses a
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Why Hiring Specialized Lawyers for Product Liability Is Crucial for Your Case

Product liability cases can be complex legal battles, often involving injuries, damages, and intricate legal principles. 

Whether you’re a consumer harmed by a defective product or a manufacturer facing a claim, navigating these cases requires expertise and experience in product liability law. 

Here’s why hiring specialized lawyers for product liability is crucial for the success of your case.

Expertise in Product Liability Law

Product liability law encompasses a range of legal doctrines
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How Medical Mistakes Lawyers Can Assist You in Filing a Claim

Medical mistakes can have profound consequences for patients, ranging from physical injury to emotional distress and financial burdens. 

In such cases, seeking legal assistance becomes crucial to navigate the complexities of filing a claim and seeking justice.

Understanding Medical Mistakes

Define what constitutes a medical mistake, including errors in diagnosis, surgical errors, medication errors, and failures in treatment protocols. 

Highlight the impact these mistakes can have on patients’ lives.

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5 Common Defenses in Truck Accident Lawsuits

Truck accidents are often severe due to the size and weight of commercial trucks compared to passenger vehicles.

When these accidents occur, the resulting lawsuits can be complex, involving multiple parties and significant financial stakes.

Defendants in truck accident lawsuits—typically the truck driver, trucking company, or insurance providers—employ various defenses to mitigate or avoid liability.

Understanding these defenses is crucial for anyone involved in or affected by such incidents.

Here are five common defenses in
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How do I find the right product liability lawyer for my case?

Finding the right product liability lawyer for your case is crucial to ensure you receive fair compensation and justice. 

Product liability cases can be complex, involving intricate laws and regulations, so having an experienced and skilled attorney is essential. 

Here’s a detailed guide on how to find the right product liability lawyer for your case:

Understand the Basics of Product Liability

Before you start your search, it’s essential to understand product liability. 
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What steps are involved in filing a product liability lawsuit?

Product liability lawsuits are legal actions taken by consumers who have been injured or suffered damages due to defective products. 

These cases hold manufacturers, distributors, suppliers, and retailers accountable for selling faulty products to consumers. 

Filing a product liability lawsuit involves several critical steps, each of which is essential to building a strong case and seeking appropriate compensation.

Step 1: Understanding the Basis for the Lawsuit

Before initiating a lawsuit, it
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What is product liability law, and how does it protect consumers?

Product liability law is a legal framework designed to hold manufacturers, distributors, suppliers, retailers, and other entities accountable for injuries caused by defective or dangerous products. 

This area of law ensures that consumers are protected from harm and can seek compensation if a product injures them. 

The primary aim is to encourage companies to prioritize product safety and to provide a legal remedy for those harmed by defective products.

Critical Concepts in Product
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What types of compensation can be sought in a product liability case?

In today’s consumer-driven society, product liability cases are not uncommon. 

When a product fails to meet safety standards or causes harm due to defects, the legal concept of product liability comes into play. 

In such cases, individuals who suffer injuries or damages may seek compensation for their losses. 

Understanding the types of compensation available in product liability cases is crucial for both consumers and manufacturers.

Compensatory Damages:

Compensatory damages
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Dealing with Insurance Companies in Medical Injury Claims: Tips from Legal Experts

Navigating the complexities of medical injury claims can be daunting, especially when dealing with insurance companies. 

These entities wield significant power and often have teams of legal experts on their side. 

However, armed with the proper knowledge and strategies, individuals can effectively negotiate with insurance companies to secure fair compensation for their injuries. 

In this article, we’ll delve into valuable tips from legal experts on how to navigate the process of
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Finding the Right Medical Injury Lawyer: Factors to Consider in Your Search

Medical injuries can be devastating, both physically and emotionally. 

When faced with the aftermath of a medical injury, seeking legal representation may become necessary to ensure justice and compensation for the damages incurred. 

However, choosing the right medical injury lawyer can be a daunting task. 

With so many options available, it’s essential to consider several factors in your search to ensure you find the best representation for your case. 
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