Personal Injury

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part I)

One of area of confusion to the public is determining who has the right to bring a wrongful death action in Georgia. Because our firm handles many such cases in Atlanta and throughout the State, we have decided to blog on this area of the law so that the public will better understand the provisions of Georgia law which control wrongful death actions.
In this article we shall focus on the rights of a spouse who is married to an individual killed by the
(more…)

FDA To Reconsider BPA Decision

We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were “approved” by federal agencies for distribution in the United States.
Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year — the conclusion that BPA, a chemical used in baby bottles
(more…)

Forklift Accidents: Usually Serious And Oftentimes Deadly

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading
(more…)

Bus Accident Recommendations By NTSB

Bus accidents have been a problem in Atlanta and Georgia for many years. Recently, the lawyers of Finch McCranie LLP were able to secure a very favorable settlement for the most seriously injured survivor in the Bluffton Bus crash which occurred here some years ago.
Now, in an encouraging move, the National Transportation Safety Board is recommending charter bus companies come up with better plans to deal with crashes in remote areas. Last Friday, the NTSB sent recommendations to the American Bus Association and
(more…)

Trampolines Recalled

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.

(more…)

Georgia ATV Safety Tips

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these

(more…)

Treadmill Accidents Can Cause Serious Injury or Death

The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson’s 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.
According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.
While most had cuts, bruises
(more…)

Landmark Cigarette Ruling Upheld

Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.
The Court of Appeals upheld the major elements of a 2006 ruling that found the nation’s top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as “low tar,” “light,” “ultra light” or “mild,” because such cigarettes have been found to
(more…)

Drug Companies Agree To Reimbursement of Taxpayers

The attorney general of Alabama has announced that 14 major drug companies will pay Alabama $89 million to settle a lawsuit accusing them of defrauding the state Medicaid agency. This lawsuit brought on behalf of the taxpayers of the state of Alabama is one of many throughout the United States brought by state’s Attorney Generals accusing drug manufactures of overcharging and defrauding states for the purchase of drugs used in state sponsored medicaid and health care programs. The lawsuits essentially allege a pattern of fraud
(more…)

Product Liability Claims And Other Claims Related To Dangerous Machinery

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the
(more…)

Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children
(more…)

Zicam Recalled for Dangerous Effects

Yesterday, the Food and Drug Administration (FDA) warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell, a condition called anosmia.
The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.
(more…)

ATV Accident Results in Serious Injury and Criminal Charge

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained

(more…)

Medical Malpractice Awards Decrease

Medical malpractice claims in Georgia are constantly coming under fire from insurance companies and doctors who allege they raise the costs of medical care through increased insurance costs to doctors. For many years our Atlanta based attorneys have watched as these large insurance companies and medical groups spend massive sums to influence politicians to enact legislation eroding the rights of innocent victims of medical negligence.
A recent study in New York has exposed these false arguments.Data from the National Practitioner Data Bank show 1,882
(more…)

Police Chase For Non-Violent Crime Turns Deadly

We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither
(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part III)

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are
(more…)

Consumers May Be Without Remedies Against Auto Manufacturers

The Atlanta consumer and product liability lawyers of Finch McCranie LLP have successfully litigated cases against auto manufacturers for serious injury and death caused by defects in their products. Now, as a result of the bankruptcy of GM and Chrysler, many deserving victims of these defective products may be left without recourse.
The bankruptcy proceedings currently underway will leave consumers currently bringing personal-injury and product-liability lawsuits against Chrysler LLC and General Motors unable to continue their actions and receive compensation for their injuries. In
(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part II)

In Part I of this series, we set forth the provisions of Georgia law for wrongful death actions where surviving spouses were involved. In this article, we shall address actions by surviving children under Georgia’s wrongful death statute where a spouse does not survive to bring such a case.
If a parent is killed due to the negligence of a third party and is not survived by a spouse but is survived by children, the cause of action for the wrongful death vests with
(more…)

Georgia Health Insurer Accused Of Unfair Practices

A lawsuit has been filed by Georgia surgery centers against Blue Cross Blue Shield Healthcare Plan of Georgia Inc. and Blue Cross and Blue Shield of Georgia, seeking class action. The lawsuit, like many others around the country attacks the insurer’s practice of discouraging visits to out-of-network providers by reimbursing procedures at a tiny fraction of “usual and customary” charges.
The suit is similar to one filed earlier this year by a dialysis provider against Blue Cross. That suit was dismissed. The new suit alleges
(more…)

Secret Link