Personal Injury & Wrongful Death

Using Life Care Plans In Serious Injury Cases

Our firm is currently handling several serious automobile collision cases in which our innocent clients were severely and permanently injured by negligent corporations. In the accident cases I am referring to, both of our clients sustained very serious neck and back injuries resulting in numerous surgeries. Medical expenses and lost wages to date have already been substantial. However, because both of our clients are relatively young adults, the big fear is that as the clients grow older, their medical expenses and lost wages will
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Jury Awards $114 Million In Nursing Home Abuse Case

Almost every week the Georgia injury lawyers at Finch McCranie, LLP hear about horrific treatment of elderly patients in nursing homes or other long-term facilities. Occasionally they are held accountable for their negligent treatment.
Last month, the family of a 76 year old Florida woman was awarded $114 million in a nursing home abuse case. The woman died in 2003 after having been a patient at the nursing home. The lawsuit alleged that the elderly woman was injured after falling, had developed pressure
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Bench Trials Under The Federal Tort Claims Act

Under the unique provisions of the Federal Tort Claims Act (FTCA), there is no right to a jury trial. What this means is obvious: once an FTCA lawsuit is filed and the United States of America is named as the defendant, if the case cannot be resolved thereafter and a trial is required, the trial will be before a United States District Court judge which will sit, not only as the finder of fact, but also as the Judge of the law. In short,
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Who And Where To Sue Under The Federal Tort Claims Act

We have blogged in the past about some of the unique provisions of the Federal Tort Claims Act (FTCA) and how they pertain to tort claims against the United States government. As an example, one unique provision is that no claim can be sued against the federal agency per se but instead only against the United States. In any lawsuit against the federal government in which a tort has occurred, the named defendant must be the United States of America. Thus, in a case
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Contact Lens and Medical Device Injuries In Children

Injuries caused by contact lens are a serious problem in Georgia and elsewhere. The consequences of injuries from these seemingly harmless devices can be life changing, including blindness. Our lawyers have just recently concluded several cases involving injuries sustained by contact lens wearers.
The U.S. Food and Drug Administration has just released a report which reveals that more than 70,000 children and teens go to the emergency room each year for injuries and complications from medical devices. Contact lenses are the leading cause of these
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Georgia Motorcycle Accident Injures Two

Friday evening, a motorcycle accident in north Georgia injured two people. The wreck occurred before 8:00 p.m. on U.S. Hwy 41 in Tunnel Hill, Georgia.. Although details of the wreck have not been released and the accident is still under investigation, the motorcycle and a pickup truck collided. It has been reported that charges are pending against the driver of the truck. The driver of the motorcycle was flown to Erlanger Medical Center in Chattanooga and the passenger was taken to Hamilton Medical Center in
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Defective Heart Defibrillators

Defective implanted heart defibrillators have been the subjects of many recalls over the last several years. This week, Boston Scientific Inc., advised doctors that a part in certain models of its implanted heart defibrillators made in 2006 and 2007 has a “somewhat higher’’ failure rate, requiring units to be reprogrammed. The company reported a failure rate of one in 670 devices. No deaths or injuries have been reported.
Boston Scientific estimates that about 34,000 patients still have the defibrillators implanted, even though they are
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False Arrest Claims in Georgia

Over the years the Georgia injury lawyers at Finch McCranie, LLP have represented clients who have been “falsely arrested”. In one memorable case, our client was accosted in the Lenox Mall parking lot by three store security officers who forcibly carried her back into the store where she was accused of shoplifting and strip searched. Eventually, the store realized they had made a mistake and told our client that she was “free to go”. She remained in the store and called the Atlanta
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Georgia Woman Drowns At Lake Lanier – Boat Operator Charged With Boating Under The Influence

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.

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Two Georgia Power Men Burned in On-The-Job Accident

http://www.serious-injury-litigation.com/As Georgia injury lawyers who have handled thousands of workers compensation claims, few on-the-job injuries are as horrifying to us as burn injuries.
Today 11 Alive News and WSB News reported that two Georgia Power employees suffered burns today as they were replacing a utility pole in Milton, Georgia. It is thought that as the crew was drilling a new hole for the pole, they hit a natural gas line which sparked an explosion. One of the injured Georgia Power workers, who was about 35 feet up in a bucket lift at the top of the pole, jumped to try to escape the flames. He was reportedly burned over 80% of his body and was airlifted to Grady Memorial Hospital’s burn unit.

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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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