Personal Injury & Wrongful Death

Trial Techniques – The Art of Cross-Examination – Part XIII

Rule No. 9 of 12: The successful cross-examiner has a good beginning and good ending to the cross-examination of the witness.
If counsel is prepared through proper investigation and discovery, counsel can start off strong and end strong. A good beginning gets the cross-examination rolling and prepared ending gets counsel down if he needs to get down without being too badly damaged by the opponent’s witness. Again, this all goes back to another rule, which is to prepare cross-examination in advance of trial.
When one
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Bus Accidents Continue to Kill and Injure

Bus accidents were the subject of action taken by The National Transportation Safety Board this week. The NTSB is the federal agency charged with investigating major transportation accidents. On Tuesday, it strongly criticized regulators at the Department of Transportation for lax oversight of the commercial bus industry.
The NTSB voted to cite the National Highway Traffic Safety Administration for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been urging NHTSA to
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Trial Techniques – The Art of Cross-Examination – Part XII

Rule No. 8 of 12: The successful cross-examiner listens carefully to what the witness says in response to his questions on cross-examination.
As set forth above, counsel should know what a witness will say in response to each question posed. No question should be asked that the answer is not known in advance. Nonetheless, sometimes, an answer more favorable than anticipated may be given by the witness or impeaching or contradicting of yet another witness. By listening closely to what the witness says on cross-examination,
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Caps on Damages For Nursing Home Abuse – What Are They Thinking?

In addition to representing victims of trucking accidents and automobile accidents, the Georgia injury lawyers at Finch McCranie, LLP also represent victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes. Consequently we have seen, first-hand, how victims of nursing home abuse or neglect suffer when those facilities don’t adequately take care of the people for which they are paid to care. It has been our experience that the owners
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Trial Techniques – The Art of Cross-Examination – Part XI

Rule No. 7 of 12: The successful cross-examiner listens to the witness’s direct testimony.
When a witness is called by the other side to testify against one’s client, one must be very careful to listen to that witness. Even if counsel has had the benefit of taking the deposition of the witness and has a beautiful outline to be used for anticipated cross of the witness, counsel must nonetheless listen very closely to the actual testimony given before the jury. It may be that the
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Trial Techniques – The Art of Cross-Examination – Part X

Rule No. 6 of 12: The successful cross-examiner stays calm and collected whatever happens.
During the testimony of a witness, particularly where the witness is providing very damaging testimony, counsel cannot flinch or otherwise demonstrate through body language that his client’s case has been hurt. Counsel must always stay calm and collected because body language many times can betray counsel’s representation of their client.
When a witness is being evasive or refuses to answer questions or asks counsel questions from the witness stand, counsel must
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ATV ACCIDENT RESULTS IN DEATH & SERIOUS INJURY

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Yesterday, we read about a 12-year-old Alto, Georgia girl who was killed last Friday night about 8:30 p.m. in an accident involving an all-terrain vehicle in Banks County. According to the Georgia State Patrol the girl was driving the vehicle when it overturned on private property. A 15-year-old passenger, who was not identified, was

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Trial Techniques – The Art of Cross-Examination – Part IX

Rule No. 5 of 12: The successful cross-examiner never asks an open-ended question such as “why” unless it does not care what the answer is.
In discussing rule 4 above, we gave a good example of why you do not ask open-ended questions. If you ask a witness “why?” they will tell you. In other words, they will give a speech, which usually will hurt your client. If you are cross-examining a witness, by definition, that means that the witness has been called by the
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Dangerous Magnetic Toy Manufacturer Fined

We have previously written about dangerous toys containing magnets which can be swallowed by small children. Last week, toy manufacturer Mega Brands America Inc. consented to pay a $1.1 million civil penalty for failing to promptly report promptly dangerous magnetic building sets which it manufactured. The sets have been blamed in the death of a child.
As we reported, tiny magnets can fall out of toys and be swallowed or inhaled by children. If more than one magnet is swallowed, they can attach to each
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Trial Techniques – The Art of Cross-Examination – Part VIII

Rule No. 4 of 12: The successful cross-examiner never asks a question unless he knows what the answer will be or doesn’t care what it is.
Unless counsel is fully prepared, has fully investigated the case and has conducted necessary discovery, this rule is difficult to follow. On the other hand, if counsel knows everything about the case then there is no reason why this rule cannot be followed and, in fact, it should be followed in all cases. Otherwise, disaster can strike.
There is
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Top 10 Questions to Ask Before Hiring a Truck Accident Lawyer

In the aftermath of a truck accident, navigating legal proceedings can be overwhelming. From mounting medical bills to complex insurance claims, victims often find themselves in need of legal assistance. Choosing the right truck accident lawyer is crucial to ensuring fair compensation and navigating the complexities of the legal system. To aid in this process, here are the top 10 questions to ask before hiring a truck accident lawyer.

10 questions to ask before hiring a truck accident lawyer

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The Role of Medical Malpractice in Truck Accident Cases: How to Seek Justice

Truck accidents can have devastating consequences, often resulting in serious injuries, fatalities, and significant property damage. When such accidents occur, the focus is often on factors like driver fatigue, distracted driving, or mechanical failures. However, another crucial aspect that can impact the outcome of truck accident cases is medical malpractice.

Medical malpractice refers to negligence or errors committed by healthcare professionals, including doctors, nurses, and hospital staff, in providing medical treatment to patients. In the context of truck accidents, medical malpractice
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5 Common Causes of Truck Accidents: Insights from a Truck Accident Lawyer

Introduction: Truck accidents can be devastating, often resulting in serious injuries, fatalities, and significant property damage. As a truck accident lawyer, I have witnessed firsthand the aftermath of these tragic incidents. Understanding the common causes of truck accidents is crucial for both truck drivers and other motorists to mitigate risks and enhance road safety. In this article, we will delve into five prevalent factors contributing to truck accidents based on insights gained from legal expertise and industry knowledge.

Driver Fatigue:

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How Inexperienced Driving Can Lead to Truck Accidents 

Driving is a complex skill that demands attention, experience, and a deep understanding of road safety principles. 

When it comes to handling large vehicles like trucks, the stakes are even higher. 

Inexperienced driving, characterized by a lack of practice, knowledge, or training, poses significant risks on the road. 

This article delves into the intricate relationship between inexperienced driving and truck accidents, shedding light on the various factors contributing to this

alarming phenomenon.

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Exploring the Relationship Between Strict Liability and Product Liability

Understanding the relationship between these two legal concepts is crucial for navigating the complexities of modern commerce and consumer protection laws.

History of Product Liability Laws

Product liability laws have evolved significantly over time, reflecting changing societal attitudes towards consumer safety and accountability. 

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Identifying Causes of Birth Brain Injury Could Prevent Complications

Birth brain injury is a significant concern affecting infants worldwide. 

Understanding the causes of birth brain injury is crucial for preventing complications and ensuring better outcomes for newborns. 

This article explores the various factors that contribute to birth brain injury and emphasizes the importance of early identification and intervention.

Understanding Birth Brain Injury

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Is a Cancer Misdiagnosis Considered to Be Medical Malpractice?

Medical malpractice is a serious concern within the healthcare industry, with patients relying on accurate diagnoses for effective treatment and care. 

However, in cases where a cancer diagnosis is incorrect or delayed, questions arise regarding whether such errors constitute medical malpractice. 

This article delves into the complexities of cancer misdiagnosis and its legal implications, providing insights into the challenges faced by patients and healthcare professionals alike.

In the realm of healthcare, accurate diagnosis

forms the cornerstone of effective treatment.

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Charged with Hit and Run in Georgia?

Hit and run incidents can be distressing and legally complex situations, particularly in the state of Georgia.

Understanding the nuances of hit and run charges, penalties, and legal options is crucial for anyone facing such allegations. 

This article aims to provide comprehensive guidance through ten frequently asked questions about being charged with hit and run in Georgia.

Hit and run incidents involve a driver leaving the scene of an accident without providing necessary information or

assistance to the affected parties.

 In Georgia, as in most jurisdictions, hit and run is considered a serious offense with severe legal consequences.

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Locating a Car Accident Lawyer Nearby

Car accidents are distressing events that can leave individuals facing significant physical, emotional, and financial burdens. 

In such challenging times, having the right legal representation is crucial for navigating the complexities of the legal system and seeking fair compensation for damages incurred. 

However, finding a car accident lawyer nearby who is experienced, reputable, and trustworthy can be a daunting task. 

This comprehensive guide aims to provide valuable insights and practical tips

for locating a car accident lawyer nearby.

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Navigating Car Accidents in Atlanta, Georgia: A Comprehensive Guide

Navigating the aftermath of a car accident in Atlanta, Georgia, requires a comprehensive understanding of the intricacies involved. 

Whether you’re a resident or a visitor, knowing the essential steps to take can make a significant difference in handling such challenging situations.

Common Causes

Weather Conditions

Atlanta’s unpredictable weather can contribute to road hazards. 

From sudden rainstorms to icy conditions, understanding how weather affects driving can help prevent accidents.

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