Personal Injury

Botox Danger

The U.S. consumer advocacy group, Public Citizen, has called upon authorities to require that Botox and a similar injections come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body. Public Citizen asked U.S. authorities to require the strongest possible warning, highlighted in a “black box,” on Allergan Inc’s Botox and Solstice Neuroscience Inc’s Myobloc.
Botox is used widely to decrease facial wrinkles but also has approved medical uses such as treating cervical dystonia, or
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Sugar Refinery Blast Leaves Many Dead – Others Injured

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect
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Georgia and Atlanta Area Serious Injury Cases: Frequently Asked Question Number 9

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?
Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If
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PART II: TOLLING THE STATUTE OF LIMITATIONS

It is well established that failure to comply with an ante-litem notification provision within the time required by law is a bar to any right of action. See Mattox v. Bailey, 221 Ga. App. 546, 472 S.E. 2d 130 (1996). However, an ante-litem time requirement has been held to be, in itself, a form of statute of limitations, with all general principles applicable to statutes of limitation also applying to ante-litem time restrictions, including tolling provisions. See Howard v. State, 226 Ga. App. 543, 487
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DANGEROUS MEDICAL DEVICES AND DOCTORS

Lawyers who practice in the field of dangerous medical devices and drugs are never surprised to discover relationships between physicians and pharmaceutical and medical device companies. Recently, questionable ties between supposedly objective researchers and the maker of an artificial spinal disk have come to light. An artificial spinal disk is a device that is used in place of conventional surgery during which patients’ vertebrae are fused.
In a study of nearly 240 patients with lower back pain, physicians reported that the artificial spine disk, manufactured
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TOLLING THE STATUTE OF LIMITATIONS IN TORT CASES FOR VICTIMS OF CRIME

As Georgia personal injury lawyers know, the typical statute of limitations for a bodily injury case in Georgia is two years from the date of the occurence at issue. However, in cases involving victims of criminal acts who have potential civil causes of actions against those who brought about injury to them, there are some nuances of Georgia law that all attorneys in this field should know.

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Car Accidents: Georgia Serious Injury Cases: Frequently Asked Question Number 8

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 8:
9. If I have no health insurance and the at fault driver has little or no liability insurance coverage, what happens if my medical bills exceed available coverages?
Answer: This is a sad case that we see far too often in our practice. The hypothetical at fault driver has run the stop sign
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Georgia Serious Injury Cases: Frequently Asked Question Number 6

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 6:
6. Can my spouse recover damages if I am seriously injured and he/she misses time from work caring for me?
Answer: A spouse does not have a legal claim for their own lost wages while they miss work caring for their injured spouse. However, under Georgia law, a spouse does have a claim
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Georgia Serious Injury Cases: Frequently Asked Question Number 5

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 5:
5. Who will pay my lost wages while I am recovering from my injuries?
Answer: In Georgia, there is no “Pay as You Go” rule so unfortunately the answer to this question is that you may receive no lost wages at all unless your employer continues to pay you and/or you have disability
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Another Atlanta Area Police Chase Case and More Avoidable Deaths

We have written previously about the dangers of police chase cases. This week we read in the paper about a chase that occurred on January 24 involving a man fleeing the police in a stolen vehicle. As he was fleeing, allegedly with a police officer in pursuit, the suspect in the stolen vehicle engaged in increasingly dangerous behavior. Ultimately, he collided head-on with another innocent motorist, killing that motorist and decapitating a female passenger in his car. According to the news accounts, the deceased
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Should I Settle My Personal Injury Case?

This is a question that we are asked by virtually every client in every case we have. The answer is that if a settlement offer is made which is approximately equal to what one can expect to receive at a jury trial then the case should be settled. In other words, there would be no need for a jury trial because the settlement offer being made is approximately what one would likely receive in front of a fair and impartial jurors. If the offer is
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Mediation: How It Works

Mediation can be employed at any stage of a civil dispute. It can occur before or after a lawsuit is filed. Our experience at this firm has typically been that mediation occurs after a lawsuit is filed and after the parties have become well acquainted with the strengths and weaknesses of both sides of the dispute. Once the parties have access to all the operative and materials facts via written discovery and depositions, it is not uncommon for one party to suggest a mediation of
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Should A Client Agree To Mediation In A Personal Injury Case?

The simple answer to this question is – Yes. Mediation is a tool that is oftentimes successfully used to settle disputes in a variety of contexts including personal injury claims. Whether the case involves breach of contract, employment disputes, medical malpractice, products liability or an automobile accident, mediation has proven to be an effective tool in resolving civil disputes. While it is not always successful, nonetheless, mediation is something that should be considered by virtually any client when trying to resolve a civil dispute. If
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Georgia Motorcycle Accident Results In Head Injury

As Georgia injury lawyers know, motorcycle accidents often result in serious injuries, which include brain injury and unfortunately sometimes death. Just yesterday, a teenager between the ages of 16 and 17 years old was injured in a motorcycle accident at Highland Park, a 1000 acre motorcycle and all-terrain vehicle (ATV) park in Cedartown, Georgia. Details of the accident are not know at present; however, officials have indicated that the victim has suffered head iinjuries. Redmond EMS requested Cedartown Rescue to assist.
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Suffering and Destruction In Haiti

The personal injury and wrongful death lawyers at Finch McCranie LLP see suffering and loss on a daily basis through the clients we assist. However, rarely have we seen death, destruction, and suffering on a scale as that which is occurring in Haiti as a result of the tragic earthquake.
This week, in a non- partisan effort to help alleviate this terrible situation, former Presidents George W. Bush and Bill Clinton joined forces to lead the effort to raise funds for relief. They issued a
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Mandatory Arbitration in Nursing Home Contracts Opposed

Mandatory arbitration agreements deprive citizens of their right to seek redress in the courts of this country. Many large businesses place these clauses in their consumer agreements as a requirement. It has been consistently shown that the arbitrations which flow from these clauses are skewed in favor of the large corporations. Simply put, arbitrators know that they will not continue to receive business from these companies if they rule against them.
Recently, public pressure has forced many credit card companies to remove these unfair clauses
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Dangerous Levels of Cadmium in Chinese Products

Children are being exposed to dangerous chemicals in toys and items manufactured in China. In recent years there have been numerous recalls of goods manufactured in China due alarming safety concerns. However, it seems the Chinese are continuing to flood the US market with dangerous and even deadly products.
Lab testing organized by The Associated Press revealed that cadmium is present in children’s jewelry, sometimes at levels exceeding 90 percent of the item’s total weight. Cadmium is a soft, whitish metal that occurs naturally in
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Unnecessary Use Of Tasers Banned By Federal Court

The use of unnecessary force by law enforcement officers is a common and inexcusable problem. Many of the attorneys at Finch McCranie LLP have law enforcement backgrounds and recognize the inherent dangers of police work and the need at times to use force. However, this does not justify the use of unnecessary force.
The United States Court of Appeals for Ninth Circuit has recently issued an opinion addressing this issue in the context of Taser use. The Court, headquartered in California has sent a strong
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Polaris Recalls Potentially Dangerous ATV Model

The product liability lawyers at Finch McCranie, LLP pay close attention to the recall of dangerous products that can lead to the wrongful death of innocent people. This week, in cooperation with the U.S. Consumer Product Safety Commission, Polaris Industries has issued a voluntary recall of approximately 8,500 all-terrain vehicles because of a potentially dangerous steering problem, caused by a defective and dangerous front-end component. The recall applies to 2009-2010 models of the Polaris Sportsman ATV. Although there have been no reported
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Vicious Dogs Can Be Serious Liability Risk

Georgia injury lawyers know that dog bite incidents often result in very serious injuries and in some cases, death. We have had a number of these cases over the years. The most recent case involved a real estate agent who was attacked by a large dog. Although the dog was tied up at its owners home, it was inadequately restrained by a collar which was itself a defective product. As a result, the dog got loose and literally bit off the entire calf
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