Personal Injury

Dog Attacks

It seems that almost every day there is a headline in the local paper or on the TV news concerning horrible injuries suffered by a person attacked by a dog. This firm has successfully handled a large number of liability cases in which our clients were viciously attacked and injured by dogs.
Georgia law provides two ways that an animal owner or handler may be found liable for injuries inflicted by the animal. The first requires that the victim prove: (1) that the animal is
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Uninsured Motorist Coverage: More Necessary Than Ever

One of the unfortunate occurrences we see in our practice all too often is the regrettable case where our clients believe they have more insurance coverage than they have in actuality and less than what they need. It is not unusual for us to see a client who has excellent liability coverage, for example, $300,000.00 – $500,000.00 in single limit coverage (or better). That same client, however, even though they have $300,000.00 – $500,000.00 in liability coverage protecting the third party in the event they are negligent will often times only carry $25,000.00 per person, $50,000.00 per accident in uninsured motorist coverage. In short, the clients have more coverage for the person that they might hurt than they have for themselves if they are hurt by a third party.

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A Welcome Erosion of Sovereign Immunity in Georgia

For many yearsin Georgia, unless a local government entity carried optional liability insurance coverage for automobiles under the control of city/county employees, it could not be sued no matter how much damage was inflicted by their actions. Of course, this resulted in tremendous injustices throughout our state. Finally, in 2004 because many, many innocent members of the motoring public were being injured by the acts of negligent government employees, the Georgia Legislature acted to waive sovereign immunity in such cases.

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High Speed Police Chase Cases: An American Tragedy

Some lessons are never learned. The law enforcement community has known for almost 20 years now that the dangers attendant to high speed police chases are tremendous. Indeed, the data of such dangers began accumulating in the 1980’s that the public price of these high speed police chases was simply too great to continue to allow unrestricted chases by the police. By 1990, the data was inescapable. Indeed, in 1990 alone, there were 314 deaths and over 20,000 injuries associated with high speed police chases. Many of the deaths involved the police themselves (not to mention the fleeing suspects) and thousands of innocent third parties who got caught up in the chase. This was known over 17 years ago. Unfortunately, the law enforcement community still continues to defend its actions when death to the innocent is caused by unwarranted and unnecessary high speed chases.

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An Abbreviated Checklist For The Federal Tort Claims Act

We have handled many federal tort claims on behalf of clients over the years but, nonetheless, it is always helpful to have an Abbreviated Federal Tort Claims Act Checklist to make sure that we are in compliance with the law. Those who have never handled a case against the United States government may find some of the procedural requirements burdensome and difficult to navigate. Nonetheless, once a checklist is developed, the procedure is actually fairly easy to follow but and this is an important but, it must be followed correctly. Here are some of the items on our list:

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South Carolina Teenager Seriously Injured After Being Thrown From ATV

Georgia and South Carolina injury lawyers are seeing ATV accidents involving serious injury and sometimes death are on the rise with the return of warm weather. Tragically many, if not most are preventable by using common sense and obeying ATV rules. Just this week, I read about a Summerville, South Carolina teenager who is fighting for her life as a result of being thrown from the back of a fast moving ATV. According to witnesses, neither the 32 year old ATV driver or the
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Brain Death

Our Atlanta based lawyers are constantly involved in cases involving brain injury and brain death. As tragic as these cases are, the families and loved ones are many times faced with the decision whether to cease life support after there has been a medical determination of brain death.
In general, brain death is considered to be the irreversible loss of brain function. The exact definition has changed throughout the years and is still subject to debate. The brainstem controls brain function and is responsible for
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Lawmakers Hold Hearing on Medical Device Safety Act

Defective medical devices can lead to the serious injury or death of innocent people. For this reason Georgia injury lawyers representing victims of defective and dangerous products were dismayed when the Supreme Court decision in Riegel v. Medtronic, held that consumers can’t sue medical device companies over medical devices that have been approved by the Food and Drug Administration. Now, victims of these dangerous products who say they were injured by faulty medical devices want Congress to pass legislation called the Medical
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Workers Compensation Injuries – Is There A Premises Liability and Negligent Security Third Party Claims?

The Georgia injury lawyers at Finch McCranie, LLP who handle workers compensation cases always investigate the possibility that there is a negligent third party who can be sued and held accountable for the client’s injuries and damages. As any injured worker knows, the income benefits available under the Georgia Workers Compensation Act are limited. A worker with serious injuries is never made whole with workers compensation benefits alone. Many serious on-the-job injuries or deaths are attributable to the negligence of someone other
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Congressman’s Death Highlights The Dangers of Operating An ATV

As the popularity of ATV’s (all-terrain vehicles) increases the Georgia injury lawyers at Finch McCranie, LLP see more ATV accidents resulting in death and serious injuries each year. Even experienced riders must be very careful when operating an ATV. On April 18th of this year, former Utah Congressman Bill Orton, age 60, died while operating his ATV. According to authorities, he was riding out on the sand and went off a very steep sand dune, and when he impacted the bottom, the front end
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Car Roof Crush Standards Increased

Many automobile crashes which our Georgia lawyers investigate involve serious injury and deaths which are caused by roof collapses in rollover situations. Tragically, many of these victims would have been less seriously injured or survived had the roof of the vehicle not collapsed. For many years, safety advocates have urged auto makers and the federal government to increase the minimal standards for vehicle roof strength.
Now, under pressure from Congress, the National Highway Traffic Safety Administration (NHTSA) has issued increased roof-strength requirements. The long-awaited federal
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Limiting The Chance For Serious Injury Or Death From Grinding Wheel Explosions

The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.
To prevent injuries, the following procedures are recommended when using grinding wheels:
* Check the wheel before each use for any cracks or chips. If
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Grinding Wheel Failures Can Lead To Serious Injury Or Death

Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and
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Hydroxycut Recalled – May Be Linked To Liver Damage

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving dangerous drugs and consumer products. Last week the FDA announced the recall of Hydroxycut. Government officials warned dieter and body builders to immediately stop using Hydroxycut, a supplement which has been linked to serious liver damage and at least one death. According to an FDA official, the agency has received 23 reports of liver problems, including the death of a nineteen year old. It has been
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Secretary of Transportation Pushes For Child Seat Testing

Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.
If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate
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