Personal Injury

Home Propane Gas Explosions Can Cause Injuries and Death

One of the Georgia injury lawyers at Finch McCranie, LLP recently got a case involving a propane explosion which completely burned and destroyed the client’s home. The explosion could easily have resulted in the death or serious injury of the clients entire family, including their new baby. Fortunately the injuries were not life threatening; however, they lost everything they owned and have no insurance to replace the home.
Propane is a highly combustible hydro-carbon gas, similar to ethane and butane. Propane gas is compressed
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Charter Bus Accident in Atlanta Repeats Bluffton University Bus Accident on Interstate 75

As the lawyers who represented the most seriously injured survivor of the March 2007 Bluffton University bus accident on I-75 in Atlanta, we were greatly disturbed today to hear that two charter buses from Detroit reportedly have crashed at exactly the same location on I-75 in Atlanta.
WSB-TV reports that the two buses mistakenly took an “HOV-only” left exit ramp from I-75 southbound in Atlanta at Northside Drive, instead of staying on I-75’s regular HOV lane. The buses were carrying a high school band. The
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Drug or Prescription Errors Can Cause Death and Serious Injury

As Georgia injury lawyers, we often get calls about pharmacy mistakes and prescription errors being committed by medical providers, including drug stores. Many times, the mistakes are caught before any damage is done; however, sometimes serious injury or death occurs. Recently, we read about a case where a pharmacist at a Wal-Mart store allegedly mislabeled a pill bottle, resulting in a woman in her 70’s taking twice the recommended and prescribed dose of a blood pressure medication. As a result, she has suffered serious
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Medical Device Dangers Are Avoidable

Our attorneys have seen many cases in which patients are injured, sometimes severely, by healthcare professional in Georgia hospitals committing careless and preventable errors or by medical device defects.
The ECRI Institute recently released its annual list of top hospital medical device hazards for last year. The ECRI Institute, a nonprofit organization, dedicated to bringing the discipline of applied scientific research to discover which medical procedures, devices, drugs, and processes are best, in an effort to improve patient care. It is one of only a
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LIABILITY FOR ATV DEATHS AND SERIOUS INJURIES-ARE YOU AT RISK?

As a Georgia injury lawyer I read more and more about ATV accidents involving serious injuries and deaths, especially among children. Although there have been dozens of tragic deaths, I recall that in 2003 five Georgia children died after a car struck their ATV. The children, ranging in age from 11 to 14, had piled into the ATV and were going for a ride on a winding road during a birthday party when the collision occurred.
Two years ago, we represented the estate of
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ATV DEATHS AND INJURIES ARE ON THE RISE

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. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine

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Worker’s Compensation Claims Overview

In Georgia, worker’s compensation is essentially an insurance program regulated by the state and required of most employers. Worker’s compensation pays medical bills and lost wages for employees who have had work related accidents resulting in illness or injury.
Employees with work-related conditions or injuries are entitled, but not limited, to:
• Reimbursement of travel expenses, including mileage to and from medical appointments
• Prescription reimbursements
• Two-thirds of your weekly wage while you are unable to work and are off work up
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How To Get The Best Settlement In A Personal Injury Case

This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning
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Should High Speed Police Chases Be Banned ?

The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It
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Dangerous Infant Cribs To Be Banned

Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid
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Closing Arguments: Give Your Remarks A Structure

As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.

The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.

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Closing Arguments:Discuss the Case, Do not Give a Speech

In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
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Closing Arguments: Be Yourself

Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
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Closing Arguments : STAY ON MESSAGE

It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
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CLOSING ARGUMENT: Practical Pointers For A Successful Result

What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
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Demonstrating The Intangible Value Of Life

In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
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Economic Damages In A Wrongful Death Case

As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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