ATLANTA,GA
DULUTH, GA
Lately there has been a lot of publicity about the death of a 17-year old track star due to her use of the common muscle relaxant sports cream Bengay.
As I was reading these articles, it reminded me of case I handled several years ago involving a similar product called Icy Hot.
In that case, a diabetic client that I represented had used the product and apparently due to her diabetic condition, developed topical salicylate poisoning due to the main ingredient found in the Icy
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Lawyers in Georgia who handle serious injury and wrongful death cases are often confronted with situations where their clients are hospitalized and later acquire a Staph infection which greatly complicates their recovery. We also see cases where clients call complaining about the development of an infection while hospitalized for one condition where the infection becomes much more serious than the condition for which they were originally treated. Regrettably, many people die from these infections.
(more…)In the summer of 2006 MSNBC.com reported that each year as many as 1.5 million Americans suffer a serious injury or death because of errors made in the dispensing, prescribing or taking of prescription drugs. In an earlier report published by the Institute of Medicine of the National Academies, it was estimated that each year more than 7,000 people in the United States die from pharmacy related medication errors. Last year, in the nationally syndicated program 20/20, ABC News reported extensively on this problem. Regrettably,
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Just this past week, clients retained our firm’s services with respect to a serious motorcycle injury. As is often the case, because motorcycle riders are unprotected except for the helmet they wear, whenever an accident occurs involving a motorcycle, typically, serious injuries are involved.
The worst case we handled was about 3 years ago when one of our partners represented a motorcycle rider who was hit by a drunk driver and almost killed. This drunk driver not only ran over the motorcycle driver, the motorcycle
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A few days ago, we wrote an article about the importance of uninsured/underinsured motorist coverage in those situations where the at fault party has minimum limits of liability insurance coverage. Today we write about another reason why all Georgia motorists should consider carrying uninsured/underinsured motorist coverage in amounts at least as much as their liability insurance coverage and perhaps much more.
The distinction between liability coverage and uninsured motorist coverage is the fact that liability coverage protects the person you hit whereas uninsured motorist coverage
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Mesothelioma results from inhalation and exposure to asbestos. Mesothelioma is a specific form of lung cancer affecting the thin membrane linings of the abdomen and internal organs (cancer of the mesothelium). Because of exposure to asbestos, the cells of the mesothelium become abnormal and cancerous.
In Georgia and elsewhere, asbestos has been used in building materials, paper products and plastics. It is also found in textiles, packings and asbestos reinforced plastics. Nationwide, more than a quarter of a million people have been known to have
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Uninsured Employers is a growing problem for injured workers in Georgia. In our practice we have seen a growing number of employees who have been seriously injured only to discover that their employers have no workers’ compensation insurance coverage. Many of those employers have no real assets and they are therefore “judgment proof.”
I recently read that on November 9, 2006, the Governor of Pennsylvania signed into law a significant change in the Pennsylvania Workers Compensation Act. Like Georgia, the Pennsylvania Workers’ Compensation Act covers
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As I ride around the City, I am amazed at the number of billboard advertisements by attorneys. Occasionally, even though I am working all day long, I also get a chance while I am in a waiting room (usually awaiting a doctor’s deposition) to watch daytime TV. When I watch the TV, I am similarly amazed at the number of lawyer advertisements on daytime television. Obviously, this leads me to consider how the average person goes about finding a qualified personal injury attorney in a
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Many of the clients we represent are married individuals. When they are seriously injured, obviously, their spouses are adversely affected. The emotional toll of caring for an injured spouse, worrying about their health and financial issues and being overwhelmed by dealing with the totality of a serious injury case can be debilitating. The spouse of the actual client may be emotionally taxed and physically burdened by increased demands and therefore entitled to compensation for their damages. The question is whether a loss of consortium claim
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A typical case we see far too often is that where the motorist who caused the damage to our client had the minimum limits of Georgia law which provides only $25,000.00 in liability insurance coverage. Typically such a driver has little or no personal assets to satisfy an excess judgment against them. In those cases where our client’s damages (medical bills, lost wages, pain and suffering) clearly exceed the $25,000.00 in available limits, the best chance for an excess recovery is to procure uninsured/underinsured motorist
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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.
(more…)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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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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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.
(more…)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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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.
(more…)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.
(more…)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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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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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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