Personal Injury & Wrongful Death

Nursing Home Infection Rates Increase

Infections are now the number one cause of deaths in nursing homes, causing nearly 400,000 deaths annually.
A study published in the May issue of The America Journal of Infection Control reports that 15% of American nursing homes each year receive deficiency citations for infection control.
The study, conducted by researchers at the University of Pittsburgh’s Graduate School of Public Health, looked at deficiency data collected from about 16,000 nursing homes per year between 2000 to 2007 as part of Medicare/Medicaid certification.
The researchers reported
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Medical Errors Can Be Reduced

Preventable medical errors kill thousands of Americans every year.
A recent study found that nearly one out of three hospital patients is harmed by the care they receive. The Institute of Medicine, an independent nonprofit organization within the National Academy of Sciences which works to provide unbiased advice to decision makers within the medical community, estimates that as many as 100,000 Americans die each year from preventable medical errors in hospitals. This is approximately the same number of annual deaths caused by auto accidents, AIDS,
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Construction Accidents And Third Party Claims

When an employee is injured on a job site, particularly on a construction job site, unfortunately the injuries sustained can be serious. Heavy equipment is typically involved on large commercial construction projects and it is not unusual for construction workers on large construction projects to be exposed to a variety of different dangers during the work day. If an employee is injured on the job, under our Workers’ Compensation laws, the claim will primarily have to be brought against the employer’s workers’ compensation insurance
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Sex Abuse in Child Care and Day Care Centers: Obtaining Justice for Victims of Sexual Molestation

Two years ago at our law firm, I received a phone call I could not believe–another episode of sexual abuse of a a young child, entrusted to the care of a prominent day care center.
The child’s mother said her lawyer did not know what to do to help her. She was told to call our law firm because we had successfully helped other families whose children had been molested in child care or after school programs.
What shocked me was that her child was molested (by an older child) in the very same “after school care” room of the same day care center that had allowed another client’s first grade child to be molested. Different staff, different manager, but same result. It was another in a series of case our lawyers have handled involving sexual assault and sexual abuse.
These are disturbing cases, but fortunately we had identified knowledgeable and experienced experts to advise our clients on what treatment their little ones need to begin to heal. A courageous young teacher told the truth about how the center regularly left him “over ratio,” with too many children to supervise. The center also had failed to warn its young staff that children in its facilities had been known to sexually abuse other children.
We built a strong case, and the center’s insurance carrier paid our clients too much to go to trial. I hate that it happened to yet another child, but am very happy for the family that their child will have the treatment needed.

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Closing Arguments: Be An Ambassador

As we all know, trial lawyers are under assault by the business community. We are accused of being sleazy, money hungry ambulance chasers. I need not further discuss this nationwide propaganda campaign, but suffice it to say, our public image has been and continues to be at risk. Accordingly, it is imperative that as trial attorneys we conduct ourselves as ambassadors for justice when we appear in a courtroom.
The best way to get a favorable result in any case is to exude confidence and
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“Jackpot Justice”

It is amazing to watch television commercials advertising lawyer services for personal injury cases. One often sees a client holding a fist full of cash praising their lawyer for securing a large cash settlement. The client is typically shown smiling and happily talking about how much money they received from their personal injury claim. These ads have often surprised me because it is typically only in the very serious case that clients receive large settlement amounts and in those cases, they usually deserve the
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Asserting Claims Against the Government

Any lawyer who has a client with a claim against any branch of government knows full well that there needs to be investigation of that claim in order to be successful in prosecuting it. One of the first steps in the process is to serve a timely ante-litem notice claim within six months of the claims against a municipality or within twelve months if it involves a claim against the State or a county government agency. We have previously blogged about these requirements in
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Closing Arguments: When Appropriate,Remind Jurors Of Their Oaths

In the typical negligence case, it is not necessary that a jury be reminded that they have taken an oath to set aside any prejudice or biases they have and to render a verdict solely on the evidence and the law presented to them. However, there are cases of a more controversial nature where it might be necessary for counsel to consider reminding the jury of its oath. Examples would include medical malpractice cases and other controversial cases such as high speed police pursuits.
We
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Closing Arguments: Follow the Fundamental Rules

As discussed above, counsel should utilize the structure in delivering his/her summation. If counsel is disorganized in his approach, the jurors will not follow the arguments made and subliminally will believe that counsel is not entitled to a verdict. Again this is a fundamental rule of a winning summation.
Although the fundamental dos are sometimes easy to recognize, there are some fundamental don’ts as well. For example, do not select an issue that an intelligent juror will recognize as being disingenuous or phoney. Never misstate
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Closing Arguments: Remember Why You Are There

In a hotly contested liability case, it is often easy for counsel to forget that the reason they are there is to achieve a favorable monetary verdict for their client. It is tempting sometimes to spend far too much time discussing liability thereby leaving counsel with little or no time to discuss damages. The reason we are in Court is to try to get a verdict to compensate our client for the damages they have sustained. Obviously, we have to discuss liability. However, we should
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How Weather Conditions Influence Truck Accident Liability: What Victims Should Know

Weather is a major factor in road safety, especially for large commercial trucks.

Even mild rain, fog, snow, or wind can turn routine driving into a serious hazard—and complicate questions of legal responsibility.

Truck drivers must be trained to adapt to these conditions, yet many accidents happen because of poor decisions or company negligence.

Proving liability in weather-related crashes is challenging, but with fast action and deep legal knowledge, it’s possible to hold the right
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What Truck Accident Victims Should Know About Electronic Logging Device (ELD) Data

One of the most devastating events on our roadways is a truck accident.

These collisions frequently cause serious injuries or fatalities because of the size and weight of commercial vehicles.

In the aftermath, victims and their families are left not only coping with trauma and medical bills but also searching for answers: What caused the accident? Could it have been prevented? Who is liable?

More precise and fact-based solutions to these problems are now feasible
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Is There a Cap on Wrongful Death Compensation? What Families Should Know About Limits

One of the most terrible things a family can go through is losing a loved one because of the carelessness of another person.

Knowing your legal rights and alternatives becomes crucial during this extremely taxing period, particularly with regard to wrongful death compensation.

Is there a cap on wrongful death damages? This is a question that many families have.

The answer isn’t simple and varies widely depending on where you live and the specifics of your
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Legal Rights of Parents in Unborn Child Wrongful Death Cases

It is an unfathomable sadness to lose an unborn child as a result of someone else’s carelessness.

In Georgia, parents have legal avenues to seek justice and compensation through wrongful death claims.

However, these cases are fraught with complexities, and understanding the legal framework is crucial.

Understanding Wrongful Death in the Context of Unborn Children

Georgia law allows parents to pursue wrongful death claims for the loss of an unborn child, provided certain conditions are met.

Usually at 24 weeks of gestation, the fetus
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Medical Malpractice Settlements vs. Jury Trials: Which Is Right for You?

When a medical procedure goes wrong, the consequences can be devastating—emotionally, physically, and financially.

Victims and families often face a whirlwind of pain, confusion, and legal questions.

One of the most important decisions you’ll face in a medical malpractice case is whether to accept a settlement or pursue a jury trial.

Each path comes with its own risks and rewards, and making the right choice could shape the outcome of your entire case.

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Who Can File a Medical Malpractice Claim? Understanding Your Rights

You may be able to file a medical malpractice claim when you or a loved one experienced harm as a result of a medical professional’s carelessness.

Many people aren’t sure whether they have the right to file or if their situation qualifies as malpractice.

As seasoned medical malpractice attorneys at Finch McCranie LLP, we believe understanding your legal rights is the first step in holding healthcare providers accountable and seeking the justice you deserve.
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How Settlements Work in Medical Malpractice Cases

Without competent legal assistance, allegations of medical negligence can be difficult to handle due to their complexity, emotional content, and difficulty.

It’s essential to understand how settlements in medical malpractice cases work if you or a loved one experienced harm as a consequence of a healthcare provider’s negligence.

Many parties prefer to settle their cases out of court, but it’s crucial to understand what that process involves, what to anticipate, and how an experienced medical malpractice
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What Evidence Is Critical in Truck Accident Injury Lawsuits?

Truck accidents frequently result in catastrophic injuries or fatalities, making it one of the most damaging categories of personal injury incidents.

A accident between a commercial truck and a smaller vehicle can have serious financial, psychological, and physical repercussions.

In the aftermath, pursuing legal action may be the only way for victims to secure the compensation they deserve.

But not every claim is successful. The quality and extent of the evidence acquired nearly totally determines
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The Role of Expert Witnesses in Medical Malpractice Lawsuits

In medical malpractice trials, expert witnesses are essential because they help the court make sense of complicated medical data.

With a background in healthcare, they analyze medical records to identify whether the standard of care was breached and explain how such breaches caused harm.

Their evidence enables the holding of negligent medical professionals accountable by translating medical jargon into English that juries and judges can easily understand.

Having worked both as a nurse and now
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How a Surgical Negligence Lawyer Can Help If You Suspect Malpractice

Surgical procedures, regardless of complexity, require absolute precision, coordination, and adherence to medical protocols Patients entrust surgical specialists with their trust and even their lives.

But what happens when that trust is broken? When a routine or high-risk surgery results in unexpected harm, and the cause seems to stem from something more than chance?

If you suspect that your injuries, complications, or unexpected outcome after surgery are due to negligence, it’s essential to take proactive steps.

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