Personal Injury

Victims Rights, Statutes of Limitations and Serious Injury Claims

Our lawyers have previously written about procedural “Traps for the Unwary” which occur in the context of serious injury or wrongful death claims. We write again about this problem because we continue to see this issue in our practice.
To be victimized by a negligent act such as being seriously injured by a drunk truck driver is bad enough but to be further victimized by a statute of limitations would only compound the tragedy. Unfortunately, Georgia serious injury lawyers like ourselves often see cases
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Motorcycle Serious Injuries and Fatalities on the Rise

On this Georgia Injury Lawyer blog, our attorneys have previously written about motorcycle accidents involving serious injury or wrongful death. Based on the rise in the number of serious injury and death claims our firm is handling at present, our firm’s experience mirrors what the statistical evidence indicates: These tragic cases are on the rise.
The National Center for Statistics and Analysis, a division of the National Highway Traffic Safety Administration (NHTSA), keeps statistics for motorcycle accidents each year. NHTSA also uses a
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Dangerous Products In The Market – Yet Another Chinese Toy Recall

Our lawyers are constantly amazed at the number of Chinese made toys which enter the United States only to be recalled later as health hazards to children.
Last Thursday, Mattel Inc., the nation’s largest toy maker, recalled an additional 38,000 “Go Diego Go!” toys Thursday as part of a larger recall of 665,000 lead-contaminated children’s products.
The latest recall involves orange and yellow Go Diego Go! Animal Rescue Boats, manufactured in China and imported by Fisher-Price. Surface paint on the boats contains excessive levels of
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Premises Liability Issues — Heart Defibrillators Save Lives

Our attorneys have investigated wrongful death cases involving automatic external defibrillators (AEDS). An AED is a computerized medical device that checks a person’s heart rhythm, can recognize a rhythm that requires a shock, advises when the shock is needed, then prompts a rescuer to take the proper steps. An AED is a portable device, usually eight to ten inches square and weighs only one to two pounds.
Many businesses, churches, shopping malls, and other areas where large numbers of people congregate have begun to place
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Zelnorm® – A Dangerous Drug?

As a Georgia injury lawyer, I am always reading about dangerous drugs. One such drug is Zelnorm® , a drug used in the treatment of Irritable Bowel Syndrom (“IBS”) and chronic constipation in individuals under 65 years of age.
On March 30, 2007, the FDA requested that Novartis Pharmaceuticals Corporation (“Novartis”), the manufacturer of Zelnorm, voluntarily remove the drug from the market. The recall is based on findings of an increased risk of heart attacks and strokes associated with the drug from clinical
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Denying Justice to Innocent Victims of Police Chases: New Defense Strategies By The Government

Finch McCranie, LLP currently represents three individuals who have been tragically added to the ever growing and long list of innocent victims either killed or seriously injured in a police chase case. In two of the cases we filed on behalf of these victims, the police department involved is seeking to have the claims dismissed based on an argument that the Georgia Legislature has allegedly abolished the legal doctrine joint and several liability.

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Wrongful Death, Serious Injuries and Uninsured Drivers:

One of the most tragic circumstances we as lawyers face in our daily practice is representing clients who have suffered serious personal injury or the wrongful death of a loved one due to the negligence of an uninsured (or underinsured) driver. Regrettably, we have seen this far too many times. The results of being involved in a collision with an uninsured driver are particularly tragic because in such cases there simply are no available funds to compensate the innocent victims. This, of course, reminds us
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Medtronic Heart Device Recall

Yesterday, Medtronic, the world’s largest maker of implanted heart defibrillators, announced that it was urging doctors to stop using an electrical wire known as Sprint Fidelis, which connects the heart to a defibrillator. A defibrillator is a device which shocks the heart back into normal rhythm should it falter. The wire is prone to a defect that has resulted in malfunctions in hundreds of patients and may have contributed to five deaths.
There are an estimated 235,000 patients with the Fidelis. Such a malfunction can
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Dog Bite Injury – Georgia Injury Lawyer Blog

Dog bite injury cases are very prevalent in Atlanta and across the State of Georgia. Our Georgia Injury Lawyer Blog attorneys in Atlanta have handled many serious injury and wrongful death cases over the firms 40 plus years.
In our experience most serious dog bite injuries are inflicted by the following breeds: German Shepard, Rottweiler, Pit Bull, Chow-Husky and Doberman Pincher; however, other breeds have also been know to attack leaving the victim seriously injured. The injuries can leave serious physical and emotional scars
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New Prescription Drug Labeling Law Gives Warnings of Dangerous Side Effects of Prescription Drugs

As the Georgia Injury Lawyer Blog’s Atlanta attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, 2007, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, “PDUFA.” This Act creates new federal safety requirements for drug
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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GM Announces Massive Recall

Many Georgia drivers can expect to receive recall notices for vehicles manufactured by General Motors Corp., due to a dangerous defect which can cause the vehicle to catch on fire. In one of the largest recalls of the year, General Motors announced Tuesday that it was recalling almost 1.5 million vehicles because it cannot fix a defect in the system that squirts heated cleaning fluid on the windshield.
The recall covers many vehicles manufactured during the 2006 to 2009 model year. Since GM is
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Infections At Surgery Centers

Atlanta, and other metropolitan areas in the state of Georgia have seen a rapid expansion in the numbers of same-day surgery centers. Yesterday, the Journal of the American Medical Association published an article suggesting that lack of infection practices are common in the nations more than 5000 outpatient surgery centers.
The study was prompted by a hepatitis C outbreak in Las Vegas. This outbreak was caused by unsafe injection practices at two outpatient surgery centers.
Failure to wash hands, wear gloves and clean blood glucose
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The Federal Tort Claims Act: How To Sue The United States

When it comes to torts committed by the government and/or its employees, the beginning and ending place for any analysis is the Federal Tort Claims Act (FTCA). See 28 U.S.C. § 1346. The Federal Tort Claims Act provides a limited waiver of sovereign immunity and allows for money damages against the government for damages, loss of property, personal injury or death. In order to recover under the FTCA, one must show that the damages claimed resulted from a wrongful or negligent act of a
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