Personal Injury & Wrongful Death

Toyota Sudden Acceleration May Be More Than Mat Problem

Our Georgia product liability lawyers have been monitoring the Toyota recall due to uncontrolled rapid acceleration. Several weeks ago, Toyota announced the biggest recall in its history. The Japanese automaker issued a safety advisory urging Toyota owners of over 3.8 million cars and trucks to remove driver side mats from their vehicles.
It initially was announced that the floor mats were the sole cause of these sudden acceleration incidents. Now, ABC news is reporting that the cause may be something much more complicated than the
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Family Files Wrongful Death Suit Over Police Chase That Ended in Fatality

It seems that everyday when our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. Today, we read about another tragic police chase, this one in Montana. The Billings Gazette reported that the family of a Billings nurse killed by a drunken teenager who was fleeing from police has filed a wrongful death and negligence lawsuit, claiming city officers and county deputies violated their own pursuit policies. Stahl died shortly
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Dangerous Contraceptive Pills Yaz and YasminShould Be Removed From The Market

As Georgia injury lawyers, we are well aware that citizens can no longer rely on the Federal Drug Administration (FDA) to be the guardian of public safety when it comes to new drugs that come to market. Every year, the cash rich pharmaceutical companies, with their high powered lobbyist market and sell dangerous drugs and medical devices to the public. The Coalition Against Bayer Dangers, a consumer watchdog group, has demanded an ban of “third generation” contraceptive pills with increased rates of side effects. Studies
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Aide Pleads Guilty To Neglect In Nursing Home Death

Nursing home neglect and nursing home negligence leading to the wrongful death or serious injury of the elderly is a growing problem. With the number of aging baby boomers steadily increasing, it is likely to continue to be a problem. Neglect takes many forms. Recently, we read that an Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year old Alzheimer patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sara Wentworth died of hypothermia earlier this

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Federal Pleading Standards Receiving Congressional Scrutiny

Pleading standards in Federal Courts have been dramatically impacted by two recent United States Supreme Court decisions. These decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, raised the standard that parties bringing a lawsuit must meet to avoid having their cases dismissed.
At issue is how specific a pleading must be under the Federal Rules of Civil Procedure. Rule 8 requires that a complaint include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Rule 12
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Serious Injury Or Death Often Results From Electrocution Injury

As Georgia injury lawyers, we have seen a number of electrocution cases over the years. Some of the electrocutions result in serious injury and many result in death. Electrocution injury can cause many problems which include, tingling, pain, tetany, palpitations, chest pain, respiratory arrest, amnesia, seizures, altered mental state, coma, blistering and wounds. This week we had occasion to investigate the electrocution of a client who is a lineman for an electric utility company. He was seriously injured when he came into contact
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Nine Deaths Linked To Highly Flammable Women’s Robes

The product liability injury lawyers at Finch McCranie,LLP have handled many wrongful death cases stemming from dangerous products. These products take many different forms. The Associated Press reported this week that full-lenght women’s chenille robes made in Pakistan are being recalled because they are highly flammable and are now linked to nine deaths of women, most of whom were in their 70’s and 80’s. Most of the incidents occurred while the victims were cooking.
Our firm has seen many wrongful death cases
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Doctors Convicted Of Felonies Still Paid By Taxpayers

Doctors who have committed crimes are still being paid by taxpayers for doing work for the Food and Drug Administration according to a report in the Wall Street Journal. This work ranges from conducting research for the agency or overseeing the safety of patients in clinical trials. The report takes the FDA to task for slowness in debarring ,( disqualifying ), health professionals who have been convicted of crimes.
The FDA has the authority to debar doctors from overseeing the safety of patients in clinical
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Ford Recall:Cruise Controls Malfunction

Recently our firm posted a blog about a tragic accident in Georgia where an 11-year old girl lost her life due to an apparent malfunctioning cruise control switch on a Ford Econoline Van. Last week, we noted with great interest that shortly after this tragic event occurred, the Ford Motor Company recalled 4.5 million vehicles over “faulty cruise control switches.” According to the recall, the faulty cruise control switches being recalled could cause a fire in the vehicle which was the stated reason for the
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Defective Cruise Control Suspected In Wrongful Death

We read today about a tragic case in which an 11-year old girl was killed in an accident that may have resulted from a defective product. According to news accounts, a 1997 Ford Econoline Van lost control near the intersection of U.S. 441 and Interstate 16 while the van was being operated by the child’s grandfather. The grandfather reported to the Georgia State Patrol that the cruise control had gotten stuck and that he could not cut it off. As the driver took the exit
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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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How Long Do You Have to Sue for Medical Malpractice?

When it comes to medical malpractice, time is of the essence. If you believe you have been a victim of medical negligence, you may wonder how long you have to take legal action and sue for medical malpractice. The timeline for categorizing a medical malpractice lawsuit can vary depending on many elements, including the jurisdiction and the nature of the case. In this article, we will delve into the intricacies of the medical malpractice statute of limitations and provide you with a comprehensive understanding

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What Percent Of Motorcycle Accidents Result In Injury Or Death?

Motorcycle accidents can have severe consequences, often resulting in injuries or even fatalities. Understanding the statistics and factors involved in motorcycle accidents can provide valuable insights into the risks riders face on the road.

Common Causes Of Motorcycle Accidents

Motorcycle accidents can occur due to various reasons, including:

What Percentage Of Motorcycle Accidents Are The Rider’s Fault?

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How Long Does a Medical Malpractice Law-suit Take?

When it comes to medical malpractice cases, time is of the essence. Patients who have experienced harm due to medical negligence often wonder how long it will take to resolve their lawsuit. While there is no definitive answer, as each case is unique, it’s essential to understand the typical timeline and factors that influence the duration of a medical malpractice lawsuit. This article will delve into the different stages of a medical malpractice case and provide insights into the time it may

take to resolve.

Typical Timeline of a Medical Malpractice Lawsuit

The Initial Stages: Filing a Law-suit

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What Is Product Liability Law? – Legal Considerations To Know

Product liability law refers to the legal framework that holds manufacturers, distributors, and sellers accountable for defective products that cause harm or injury to consumers. It is based on the principle that companies are responsible for ensuring the safety & quality of the products they bring to the market. When a product fails to meet these qualities & results in harm, the injured party may have grounds for a product liability claim.

Understanding product liability law

is crucial for both consumers and businesses. Knowing their rights and obligations enables them to navigate the complexities of product liability cases more effectively.

Understanding The Product Liability Law

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What is the Statute of Limitations on Medical Malpractice Cases?

Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first understand the limitations period. This article will delve into the complexities of the medical malpractice statute of limitations, its significance, the factors influencing it, and how to effectively

navigate the legal process.

Understanding the Law of Limitations for Medical Malpractice

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What Is Medical Malpractice And Negligence

Medical malpractice is when a healthcare expert, such as a doctor, nurse, or other medical personnel, deviates from the obtained standard of care, resulting in harm or injury to a patient. On the other side, negligence is a broader legal concept encompassing various forms of professional medical malpractice and misconduct.

Medical malpractice takes place when a healthcare provider fails to provide the quantity of care that a reasonably skilled and competent professional in the

same field would provide under similar circumstances. It involves an act or omission that falls below the standard of care, causing injury, harm, or even death to a patient.

What Constitutes Medical Malpractice?

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Punitive Damages in Atlanta, Georgia Wrongful Death Cases

Punitive DamagesAs mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985).

Like with the wrongful death claim itself, punitive damages were not allowed under common law.

They are statutory in nature, and consequently, they are strictly construed.

The relevant statute
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What damages are available in an Atlanta, GA wrongful death case?

Punitive Damages LawyerThis is Part I of a discussion concerning what damages are available in Georgia wrongful death cases.  Part II will be published next week.

Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for any of the necessary or personal expenses of the decedent had he or she lived;
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Trucking Accidents and Commercial Vehicle Accidents in Georgia

Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck.  The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia.  A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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