Personal Injury & Wrongful Death

Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
(more…)

Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
(more…)

Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
(more…)

Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
(more…)

ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
(more…)

Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
(more…)

Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
(more…)

Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
(more…)

Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
(more…)

Life Care Plans for the Catastrophically Injured Child

One of the many difficulties faced by attorneys who work on serious injury cases arises in the context of a catastrophic injury case involving a child. Many times, due to limitations on the extent of their medical knowledge, the doctors treating the child cannot always give an accurate prognosis for the child. Thus, it can be difficult when a child has been seriously injured to accurately predict how the injuries will manifest themselves as the child grows older. In some very sad cases, of course,
(more…)

Seriously Injured in a Semi-Truck Crash in Duluth? Here’s What Your Case Could Involve

A semi-truck injury lawyer near me is often one of the first searches injured people make after a serious truck crash leaves them facing emergency medical care, missed work, vehicle damage, insurance calls, and uncertainty about who may be responsible. In Duluth and across Georgia, semi-truck accident cases can be more complicated than ordinary car accident claims because they may involve a commercial driver, trucking company, maintenance provider, cargo loader, vehicle owner, contractor, commercial insurer, or multiple other parties.

A serious semi-truck crash can affect a person’s health, income, mobility, and long-term quality of life. The legal case may involve evidence that must be preserved quickly, including driver logs, black box data, inspection records, electronic logging device data, maintenance records, dispatch records, and company safety documents. Federal Motor Carrier Safety Administration guidance explains that electronic logging devices synchronize with a vehicle engine to automatically record driving time, which can make this information important in truck accident investigations.

(more…)

Before Choosing Lawyers for Wrongful Death Understand Your Family’s Filing Rights

Lawyers for wrongful death can help Georgia families understand who has the legal right to file a claim after a preventable fatal loss.
Before choosing an attorney, it is important to know that Georgia wrongful death law does not allow every relative to file a case.
The right to bring a claim may depend on whether the person who died left a surviving spouse, children, parents, or an estate representative.

After a loved one dies because of a crash, medical error, unsafe property condition, defective product, or another wrongful act, family members may feel pressure to act quickly.
They may search for a wrongful death attorney near me, ask whether compensation may be available, or wonder how the legal process begins.
Those questions are understandable, but the first issue is often filing authority.

A wrongful death case may involve emotional grief, financial loss, insurance disputes, evidence preservation, and strict deadlines.
A wrongful death attorney Duluth families contact can help explain how Georgia law applies, who may bring the claim, and what steps may be needed to protect the family’s rights.

(more…)

What Famous Medical Malpractice Lawsuits Can Teach You About Your Own Case

Famous cases of medical malpractice can help patients and families understand how medical errors, legal proof, expert testimony, and damages may affect a medical malpractice claim.
While high-profile lawsuits often involve unusual facts or major verdicts, the legal lessons behind them can apply to many ordinary patients who believe a doctor, hospital, nurse, or healthcare provider caused serious harm.

Medical malpractice cases are not based only on a bad medical outcome.
A patient usually must show that a healthcare provider failed to meet the accepted standard of care and that this failure caused measurable injury.
That means medical records, expert opinions, timelines, and evidence all matter.

(more…)

Medical Malpractice in Duluth: Signs You Have a Case, How to Find the Right Lawyer, and Potential Compensation

A medical malpractice lawyer near me is often the first search patients make when they believe a medical error caused serious harm, worsened their condition, or led to the loss of a loved one.
In Duluth, Georgia, patients and families may have questions after a delayed diagnosis, surgical error, medication mistake, birth injury, hospital discharge issue, or failure to treat a serious condition.
Not every poor medical outcome is malpractice, but some injuries happen because a healthcare provider failed to follow the accepted standard of care.
When that failure causes measurable harm, the patient may have the right to pursue a medical malpractice claim.

(more…)

Wrongful Death Claims in Georgia: What Surviving Families Need to Know Before Filing

A wrongful death attorney can help surviving families in Georgia understand whether they may have a legal claim after a preventable fatal loss. When a loved one dies because of another person’s negligence, reckless conduct, medical error, unsafe property condition, or wrongful act, the family may be left with grief, financial pressure, unanswered questions, and uncertainty about what to do next. In these moments, understanding the basics of Georgia wrongful death law can help families make informed decisions before important deadlines pass.

Many families begin by asking what is wrongful death, who has the right to file, what compensation may be available, and whether they should search for a wrongful death attorney near me. These are important questions because a wrongful death case is not just about filing paperwork. It involves legal standing, evidence, damages, insurance issues, and case-specific deadlines.

(more…)

Why Choose Finch McCranie LLP as Your Misdiagnosis Lawyer in Atlanta, GA?

A misdiagnosis lawyer atlanta patients and families contact can help determine whether a wrong, missed, or delayed diagnosis may support a medical malpractice claim in Georgia. When a medical condition is not diagnosed correctly, the consequences can be serious. A patient may lose valuable treatment time, go through unnecessary treatment, experience a worsened condition, or face a life-changing outcome that could have been prevented with proper care.

Not every incorrect diagnosis is medical malpractice. Some illnesses are difficult to diagnose, symptoms may overlap, and medical providers sometimes have to make decisions with limited information. However, when a healthcare provider fails to act as a reasonably careful provider would under similar circumstances, and that failure causes harm, the situation may raise legal concerns.

(more…)

What Happens After a Tanker Truck Accident in Atlanta and Why Immediate Legal Help Matters

A tanker truck accident lawyer atlanta victims contact can help protect evidence, explain legal options, and review who may be responsible after a serious commercial tanker crash. Tanker truck accidents in Atlanta can be far more complex than ordinary vehicle collisions because these vehicles may carry fuel, chemicals, gases, industrial liquids, or other hazardous materials. When a tanker truck crashes, the result may involve fires, spills, rollovers, chemical exposure, severe injuries, road closures, and long investigations.

For injured drivers, passengers, pedestrians, motorcyclists, and families, the aftermath can feel overwhelming. Emergency crews may secure the area, hazardous materials teams may respond, police may begin investigating, and the trucking company or insurance carrier may start gathering evidence quickly. During this time, victims may be focused on medical treatment while critical crash evidence begins to disappear.

(more…)

What Counts as Medical Negligence Resulting in Death? A Guide to Definitions, Evidence, and Payouts

Wrongful death litigation may become necessary when a family believes medical negligence resulting in death caused or contributed to the loss of a loved one.
After a fatal medical mistake, families often search for answers about what went wrong, whether the death could have been prevented, what evidence is needed, and whether a wrongful death lawsuit may be available under Georgia law.

Medical negligence resulting in death can involve delayed diagnosis, failure to diagnose, surgical errors, medication mistakes, anesthesia complications, failure to monitor, emergency room errors, improper discharge, or other failures in care. However, not every death after medical treatment is medical malpractice. A poor outcome, known medical risk, or serious complication does not automatically mean a healthcare provider was negligent.

(more…)

A Family’s Guide to Filing a Wrongful Death Lawsuit and Finding the Right Lawyer

A wrongful death lawsuit lawyer near me is often searched by families who are grieving a sudden loss and trying to understand whether negligence may have caused their loved one’s death. After a fatal accident, medical error, truck crash, unsafe property incident, defective product, or another preventable event, families may feel overwhelmed by legal questions, insurance calls, medical records, and financial pressure.

A wrongful death lawsuit is a civil legal claim that may help eligible family members pursue accountability after a fatal loss caused by another party’s wrongful act or negligence. In Georgia, wrongful death damages are connected to the “full value of the life” of the person who died, which is a key part of how these claims are evaluated under Georgia law.

(more…)

Wrongful Death Attorney in Duluth, GA: How Gwinnett County Families Can Pursue Justice

A wrongful death attorney can help Duluth, GA and Gwinnett County families understand their legal options after a preventable fatal loss. 

When a loved one dies because of negligence, medical malpractice, a truck accident, car accident, unsafe property, defective product, workplace-related third-party negligence, or another wrongful act, families are often left with emotional, financial, and legal uncertainty.

A Georgia wrongful death claim is a civil claim, not a criminal prosecution. 

It is designed to help eligible family members pursue accountability and financial recovery after a fatal event caused by another party’s conduct. 

(more…)