Personal Injury

Catastrophic Brain and Spinal Cord Injuries – Where Is The Safety Net? – Time For Universal Health Care?

Today we had the father of a young man in his early twenties come in to the office. His son was involved in an automobile accident and sustained serious injuries to his spine. It appears that he will be paralyzed for life from the waist down. The young man’s medical bills far exceed the liability insurance coverage, the hospital has filed a lien which will consume all of the available liability coverage and, to make matters worse, the young man has no health insurance.
Last
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Insurers’ Profits Continue To Skyrocket

Insurance companies continue to profit at the expense of their policyholders and Georgia’s serious automobile and truck injury victims. The Atlanta Journal-Constitution reported today that property and casualty insurers’ profits are continuing to sky rocket. Allstate Insurance Company reported a record $5 billion profit for 2006. State Farm Insurance’s profit climbed 65% for the year. St. Paul/Travelers earnings rose six fold in the fourth quarter and American International Groups rose eight fold.
There are several reasons for these huge profits. First, insurers are shorting the
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Georgia Injury Victims May Benefit From Proposed Change In Uninsured Motorist Law

There may be some relief in sight for some injured Georgia automobile and truck accident victims who are involved in a motor vehicle collision with an uninsured or underinsured vehicle. Last week Senate Bill 276, the Uninsured Motorist Stacking bill, passed the Senate Insurance and Labor committee unanimously. Advocates working for it’s passage are pushing hard for it to come to a floor vote. If passed it will provide uninsured motorist insurance coverage previously unavailable under Georgia’s current law.
Example: Current Law
You have purchased
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Georgia Recognizes Roadside Drunk Driving Victim Memorials

Anyone who has driven the two-lane highway between Georgia and Panama City, Florida has seen the many crosses along the roadside, each representing a victim of a fatal automobile accident. Many of these fatal collisions involved college students and drunk drivers. These unofficial memorials or marker have usually been placed by family and friends.
A young victim killed in a drunk driving accident, seventeen year-old Donny Ray Harris Jr., will be the first drunken driving victim in the state of Georgia to be remembered with
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FUNCTIONAL CAPACITY EVALUATIONS OF INJURED WORKERS IN GEORGIA

In Georgia employees who become disabled, due to injury, and remain out of work for any significant period of time are likely to be sent for a functional capacity evaluation. An FCE is a systematic evaluation process to determine an individual’s tolerance for physical work activities. These evaluations take on many forms. The most common evaluations involve a series of standardized tasks with measured weights and distances, and a trained and presumably an experienced observer to administer the tests. Other methods involve the use of
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Closing Arguments: Trial Techniques for Serious Injury Cases

We continue here with our previous discussion about how experienced trial counsel prepares and delivers closing arguments before juries in serious injury cases. See prior entries of 3/13 and 3/15/07. We continue as follows:
You must close your summation with confidence and with an ending appropriate to the tone of the case that will have the desired impact. Once you have concluded, sit down with an air of confidence that you have clearly won your case.
In every winning summation there is both the logical
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Psychiatric/Psychological Privilege in Injury Cases in Georgia

Many times we represent clients’ who have been seriously injured in automobile, trucking or on-the-job accidents who have sought and received psychological or psychiatric counseling and treatment. During the course of litigation, insurance company lawyers often try to subpoena mental health records from mental health professionals. It is wise to be vigilant in monitoring these requests from insurance defense lawyers and to object to these requests.
Under Georgia law, “Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter
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Closing Arguments for Juries in Serious Injury Cases

.We continue in this artice our Previous blog and presentation on the delivery of effective Closing Arguments in jury trials.(See entry of 3/13/07). We continue as follows:
GIVE YOUR REMARKS A STRUCTURE
As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is
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Your Duties Under The Georgia Workers’ Compensation Act

We cannot tell people how many times unrepresented, injured workers sabotage their cases by failing to comply with their own obligations under the Georgia Workers’ Compensation Act. At a minimum an employee who sustains an on-the-job injury must do the following:
1. Report any on-the-job injury within 30 days of the date of the injury. Although the law provides that an employee should notify the employer within 30 days, any injury should be reported immediately. If you do not report your injury immediately, you may
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Basic Overview of Benefits Available Under the Georgia Workers’ Compensation Act

Many people are unaware of what benefits are available to an injured worker in Georgia. Accordingly we thought it might be helpful to clients or potential clients to have an overview of the basic benefits.
(A) TEMPORARY TOTAL DISABILITY WEEKLY INCOME BENEFITS:
If you are injured and begin losing time from work, you are entitled to receive 2/3 of your average weekly wage up to a maximum of $450.00 per week. The first seven days of compensation are not payable until or unless you have
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Nursing Home Rating Scale – A Great Consumer Tool

In addition to representing victims of trucking accidents and automobile accidents, Finch McCranie, LLP also represents victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes.
In one case we handled, our client who suffered from Alzheimers Disease was actually struck in the face by one of the caseworkers. When struck the client fell, breaking her hip. She underwent surgery to repair the hip; however, the trauma of the
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Georgia Jury Awards $1.25 Million for Neglect by Nursing Home

The lawyers at Finch McCranie, LLP have seen many different types of injuries result from being in various nursing homes. Some injuries are the result of being assaulted by nursing home staff or other patients and others are the result of nursing home neglect. Recently the family of a man who died four years ago at a Georgia nursing home was awarded $1.25 million after the jury found that the nursing home’s neglect was responsible for his wrongful death. Tucker Nursing Center allegedly
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Georgia Senator Introduces a Bill To Regulate Television Advertising By Lawyers

The personal injury law firm of Finch McCranie, LLP has been representing victims of truck accidents and automobile accidents for over 40 years. We do not advertise on television and have no intention of doing so. Unseemly television advertising has damaged the public image of the law profession. One Georgia senator is trying to do something about it; however, in its present form, it is not likely to pass.
Senator Seth Harp, a practicing Georgia attorney, has introduced a bill in Georgia Senate that proposes
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Uninsured Motorist Coverage And Georgia Drivers:

We have blogged before about the importance of uninsured/underinsured motorist coverage. Because of the economic problems being currently experienced by our Country, such coverage is probably now more important than ever. Many people who are experiencing economic problems are cutting back on expenses. Some people are driving with no insurance. When insurance premiums and bills are received they are ignored. In short, people are taking their chances that they won’t be in an accident while driving without insurance. Those who are violating the
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Two Georgians Injured By Peanut Product Salmonella Food Poisoning

Our Georgia injury lawyers know that food poisoning cases can result in serious injury, and sometimes death. Just this week, federal officials announced that two Georgia citizens have been poisoned by salmonella found in peanut products and they warned consumers of dangers associated with more than 125 products recalled as part of a nationwide salmonella-and-peanuts Investigation. The Food and Drug Administration said products affected by the recall range from ice cream to pet foods. A list of recalled peanut products is available on
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Georgia’s Emergency Rooms-A Safe Haven For Medical Malpractice

Georgia injury lawyers are acutely aware of the so-called “tort reform” changes in the law which has limited and in some cases eliminated the rights of victims of medical malpractice. Unfortunately, most Georgia citizens are unaware that since 2005, emergency rooms have been a place where there is no liability for injuries caused by careless healthcare providers. Current Georgia law makes it virtually impossible for an injured patient to seek accountability in the Courts because it requires an injured victim to show by “clear
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Consumers of Dangerous Drugs Have Uphill Battle-Doctrine of Federal Preemption Protects Drug Companies

Like most Georgia injury lawyers, we are seeing more and more dangerous drug cases being dismissed because of the doctrine of federal preemption. An example of this came to our attention recently. A Kentucky man developed a drug-induced neurological disease after using a gastric reflex drug for years. He filed a lawsuit asserting state law products liability, negligence and breach of warranty claims against both the brand manufacturer and the generic manufacturers of the drug, claiming that it caused him to develop the disease.
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Atlanta Police Chase Results In Death

We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.

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Bike-Car Accidents Often Result In Death Or Serious Injury

The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an
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Drunk Driving Statistics Released

At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.

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