Personal Injury

Nursing Home Rating Scale – A Great Consumer Tool

In addition to representing victims of trucking accidents and automobile accidents, Finch McCranie, LLP also represents victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes.
In one case we handled, our client who suffered from Alzheimers Disease was actually struck in the face by one of the caseworkers. When struck the client fell, breaking her hip. She underwent surgery to repair the hip; however, the trauma of the
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Georgia Jury Awards $1.25 Million for Neglect by Nursing Home

The lawyers at Finch McCranie, LLP have seen many different types of injuries result from being in various nursing homes. Some injuries are the result of being assaulted by nursing home staff or other patients and others are the result of nursing home neglect. Recently the family of a man who died four years ago at a Georgia nursing home was awarded $1.25 million after the jury found that the nursing home’s neglect was responsible for his wrongful death. Tucker Nursing Center allegedly
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Georgia Senator Introduces a Bill To Regulate Television Advertising By Lawyers

The personal injury law firm of Finch McCranie, LLP has been representing victims of truck accidents and automobile accidents for over 40 years. We do not advertise on television and have no intention of doing so. Unseemly television advertising has damaged the public image of the law profession. One Georgia senator is trying to do something about it; however, in its present form, it is not likely to pass.
Senator Seth Harp, a practicing Georgia attorney, has introduced a bill in Georgia Senate that proposes
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Uninsured Motorist Coverage And Georgia Drivers:

We have blogged before about the importance of uninsured/underinsured motorist coverage. Because of the economic problems being currently experienced by our Country, such coverage is probably now more important than ever. Many people who are experiencing economic problems are cutting back on expenses. Some people are driving with no insurance. When insurance premiums and bills are received they are ignored. In short, people are taking their chances that they won’t be in an accident while driving without insurance. Those who are violating the
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Two Georgians Injured By Peanut Product Salmonella Food Poisoning

Our Georgia injury lawyers know that food poisoning cases can result in serious injury, and sometimes death. Just this week, federal officials announced that two Georgia citizens have been poisoned by salmonella found in peanut products and they warned consumers of dangers associated with more than 125 products recalled as part of a nationwide salmonella-and-peanuts Investigation. The Food and Drug Administration said products affected by the recall range from ice cream to pet foods. A list of recalled peanut products is available on
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Georgia’s Emergency Rooms-A Safe Haven For Medical Malpractice

Georgia injury lawyers are acutely aware of the so-called “tort reform” changes in the law which has limited and in some cases eliminated the rights of victims of medical malpractice. Unfortunately, most Georgia citizens are unaware that since 2005, emergency rooms have been a place where there is no liability for injuries caused by careless healthcare providers. Current Georgia law makes it virtually impossible for an injured patient to seek accountability in the Courts because it requires an injured victim to show by “clear
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Consumers of Dangerous Drugs Have Uphill Battle-Doctrine of Federal Preemption Protects Drug Companies

Like most Georgia injury lawyers, we are seeing more and more dangerous drug cases being dismissed because of the doctrine of federal preemption. An example of this came to our attention recently. A Kentucky man developed a drug-induced neurological disease after using a gastric reflex drug for years. He filed a lawsuit asserting state law products liability, negligence and breach of warranty claims against both the brand manufacturer and the generic manufacturers of the drug, claiming that it caused him to develop the disease.
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Atlanta Police Chase Results In Death

We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.

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Bike-Car Accidents Often Result In Death Or Serious Injury

The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an
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Drunk Driving Statistics Released

At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.

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Motorcycle Accident Result in Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. A few months ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was hit broadside in an intersection by a doctor who ran a red light in her SUV. Although the motorcycle was not demolished, the injuries were devastating. As a result of the injuries he sustained, doctors had to amputate several toes and part of his foot. In this case and most others, the motorcycle rider was obeying the law and did nothing to cause or contribute to the collision.

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Serious Burn Injuries In Georgia

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside
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The Federal Tort Claims Act: Where To File And Who To Sue

Assuming an administrative claim is properly submitted and is denied and a lawsuit is thereafter commenced, the lawsuit must be filed in United States District Court, not in a state court. One advantage of proceeding under the Federal Tort Claims Act is that such a suit can be brought in the Federal Judicial District where the plaintiff resides or where the negligent act or omission occurred. Thus, if a person is traveling, as an example, and is hit by a postal carrier running a stop
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Dog Bite Cases In Georgia

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention.

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The Federal Tort Claims Act: No Right To A Jury Trial

Under the specific provisions of the Federal Tort Claims Act (FTCA) there is no right to a jury trial. See 28 U.S.C. § 2492. This is one of the disadvantages of suing the United States government but because the FTCA is a limited waiver of sovereign immunity, the provisions of the Act control. Simply stated, the limited waiver provisions provide that there is no right to jury trial when suing the United States government. What this means is that once the case is assigned to
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New Georgia Laws In Effect To Curb Automobile Accidents and Truck Accidents

Beginning today, several new Georgia laws intended to reduce automobile accidents, tractor trailer truck accidents and motorcycle accidents go into effect. One of these is the Texting While Driving law. Georgia drivers under the age of 18 will be charged if they talk or text on a cell phone while driving. Under this new law, all drivers, regardless of age will be charged if they write, send or read a text message, email or access the Internet while driving. If found guilty a motorist will be fined $150.00 and will be assessed 1 point on his or her driving record.

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Georgia Bicycle Accidents

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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