Personal Injury

Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a
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Nursing Home Falls

Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The
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High Court Upholds Vioxx Award in Wrongful Death Case

Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and
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Report: FDA Approved Medical Device Under Political Pressure

Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to
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Medical Errors Abound

Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures
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Sexual Predators in the Workplace

Many employment lawyers are confronted with hostile environment claims where managers exploit their positions to seek sexual favors from employees working underneath them. Such an employment case obviously involves sexual harassment but is entirely different and generally far less devastating to a victim when a sexual predator is hired by an employer and is allowed to gain access to vulnerable victims through their jobs. As an example, if a mental health facility hires someone unsuitable for a position and that person takes sexual advantage of
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Board of Commissioners To Conduct Independent Investigation of Fatal High Speed Chase

From newspaper accounts it appears that the Board of Commissioners of Clayton County may conduct an independent investigation into a police chase which resulted in the wrongful death of two innocent women who were returning from bible study when a pickup truck fleeing from a Clayton County police officer slammed into their vehicle on Old National Highway in Atlanta. The deadly pursuit began when the police noticed a suspect allegedly soliciting a prostitute. Even though this is a misdemeanor and a minor offense, Clayton County
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Georgia Man’s Wrongful Death- Was Alcohol A Factor?

The Georgia injury lawyers at Finch McCranie, LLP have handled many wrongful death lawsuits where alcohol was a factor in causing or contributing to our client’s death. Some of these cases have involved our representation of a guest passenger who was killed as a result of the negligence of the host driver. Such could have been the case on Friday evening when an Augusta, Georgia man, Earl Clark, died in an accident on Mike Padgett Highway. Clark was the passenger of a
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Boat Accidents: Propellor/Engine Safety Defects

If a person is injured or killed as a result of the negligent operation of a boat or as a result of a boat engine manufacturing or design defect, under Georgia law, the injured person or the family of those killed, may have the right to seek compensation and other forms of redress in a suit against the operator, seller or manufacturer of the boat.

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Wrongful Death Damages in Georgia

In Georgia, under the provisions of O.C.G.A. § 51-4-1 and 2, the measure of damages in a wrongful death action is “full value of the life of the decedent as shown by the evidence, without deducting for any of the necessary or personal expenses of the decedent had he lived.” The full value of the life of the decedent includes not only all economic damages sustained by the decedent such as lost wages, but also non-economic damages such as the enjoyment of life. Peculiar
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Brake Failure Blamed For Georgia Golf Cart Crash

A woman was reportedly seriously injured in Gainesville, Georgia on Friday evening when the brakes on a golf cart failed while going down a hill at a private political fund-raising event. WSBTV.com reported that the golf cart was shuttling people to a home in the Harbour Point subdivision when it’s brakes failed and the cart overturned.
Although no details about the failure have been reported, a thorough inspection of the golf cart is in order to determine why the accident occurred. Had the cart been properly maintained? Was there a defective part involved or was there a design defect?
Having litigated numerous serious injury and wrongful death cases over the years, the Georgia injury lawyers at Finch McCranie, LLP know that in any case where there has been a mechanical failure, it is absolutely crucial that the evidence be preserved and that the evidence be inspected as soon as possible by an engineer or any other expert qualified to document and evaluate such a failure.

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Wrongful Death Actions In Georgia: Who Has The Right To Sue?

The status of the decedent by in large determines who has the right to sue in a wrongful death case. Where someone is killed through the negligent acts of a third party, such as a truck driver or product manufacturer, Georgia law proscribes who has the right to sue such a cause of action. If the person is married at the time of his or her death, the surviving spouse has the right to bring a cause of action for the wrongful death of
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Using Demonstrative Exhibits At Trial

It is often said that a picture is worth a thousand words. If there is a picture of an injured individual in a hospital having recently undergone major trauma, such photographic evidence truly can be worth a thousand words in demonstrating to the jury the nature and extent of the client’s injury. As an example, if someone had a serious burn injury, one can imagine the impact of such photographic evidence. Words simply cannot describe such injuries. The same is often true of
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Offers Of Judgment In Georgia: A Bad Example Of Tort Reform

Most members of the public do not know how so-called “tort reform” serves to undermine basic liberties when it comes to our civil judicial system. One of the best examples of this is a little known law which serves to impede access to our courts. This is the “Offer of Judgment” statute which was passed by the Republican controlled Georgia Legislature, codified at O.C.G.A. § 9-11-68. Simply stated, if you are a middle class person and you wish to litigate a civil case, if you
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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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