Consumers have been battered by the fall of the economy, and a great deal of the blame for the collapse can be laid squarely on banks and other large financial institutions. Having been saved by the federal government bailout, many are now opposing reforms which would protect consumers and help prevent these disasters from happening again.
Tomorrow, the House Financial Services Committee will take up a number of reforms proposed by the Obama administration. Among the proposals the committee will tackle is the establishment of (more…)
Today I attended the funeral of Thomas E. Magill, a well respected insurance defense attorney in Atlanta. Tom was a absolute pleasure to work with as a defense attorney. Even though his clients were always large insurance companies, Tom dedicated himself to the administration of justice. He was always fair minded, hard working, competent and professional in every sense of the word. I told his wife at his funeral today that working with Tom made me proud to be a lawyer. There were many lawyers (more…)
Medical malpractice has long been condoned if perpetrated against a service member. Now, in an effort to rectify this grossly unfair situation involving those serving their country, members of the House Judiciary Committee forwarded a bill to the full House of Representatives which would permit servicemembers to sue the military in certain cases of medical malpractice.
While this is a step in the right direction, it appears doubtful the full House and Senate (a companion bill, sponsored by Sen. Charles Schumer, is working through the (more…)
This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).
What is interesting about this new Supreme Court opinion is that our law firm had written an article about the Victim’s Right Statute enacted by the Legislature and codified in O.C.G.A. § 9-3-99 over one year before this opinion was rendered. In this article which was published in the Georgia Trial Lawyers magazine “The Verdict”, our firm had presaged this opinion by stating that it was likely that the statute might protect victims of traffic crimes by tolling the statute of limitations in their cases. It was pointed out to members of Bar that if they had a case where there client had been victimized by a traffic violations they might be able to circumvent the statute of limitations by relying on the new statute. We specifically pointed out in our article that the Victim’s Crime Act could be used in cases where there were violations of criminal laws as pertains to the operation of a motor vehicle.
The lawyer in the Beneke case read our article and used our arguments to win this case for his client. In the Beneke v. Parker case, the Supreme Court held that the plain language of O.C.G.A. § 9-3-99 encompasses a violation of the Uniform Rules of the Road. The Court wrote to impose a more stringent definition of “crime” within the context of the statute would render superfluous its language that “the statute of limitation is tolled from the date of the alleged crime or “the act” giving rise to such action in tort” until the prosecution or other termination of such crime or “act.” In short, even a traffic violation which results in criminal charges being filed against the perpetrator can be used under this new statute to toll the statute of limitations for the victim of the crime until such time as the criminal perpetrator’s case has been disposed of in the criminal system.
To see a copy of our article, please hit the link provided for further detail on the possible impact this new statute may have on you or a member of your family if you are a victim of a crime.
In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess (more…)
The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a (more…)
Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The (more…)
Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and (more…)
Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to (more…)
Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures (more…)
When life takes an unexpected turn and an accident leaves you injured, it’s essential to understand your rights and options.
In the state of Georgia, personal injury cases are subject to specific laws and regulations.
Whether you’ve been in a car accident, suffered a slip and fall, or experienced any other form of personal injury, having the right information is crucial for making informed decisions.
Medical malpractice is a complex issue that can have serious implications for patients and their families.
In Atlanta, where access to quality healthcare is crucial, having the right legal guidance is essential.
This article delves into the world of Atlanta Medical Malpractice Lawyers, their role in navigating legal challenges in healthcare, and how they can help victims seek justice.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.
In this article, we’ll delve into the responsibilities of these legal professionals, the process of pursuing a medical malpractice case, and how their expertise ensures justice for those who have suffered harm due to medical errors.
Understanding Medical Malpractice
Defining Medical Malpractice
Medical malpractice refers to the negligence of healthcare professionals or facilities in providing
When medical professionals make mistakes, the consequences can be devastating.
In Atlanta, medical malpractice lawyers are here to provide support and guidance for individuals and families who have suffered due to medical negligence.
With their expertise and commitment to justice, these lawyers play a crucial role in ensuring that victims receive the compensation they deserve.
Navigating Medical Malpractice Claims with Expert Guidance
Understanding Medical Malpractice: Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm to a patient.
Car accidents can leave a trail of physical, emotional, and financial turmoil in their wake.
When dealing with the aftermath of a car accident in Atlanta, having the support of experienced car accident lawyers can make all the difference.
In this comprehensive guide, we’ll delve into the importance of Atlanta car accident lawyers, what to consider when hiring one, and how they can help you secure the justice and compensation you deserve.
Understanding Atlanta Car Accident Lawyers: Your Advocates in Tough Times
Legal matters can be intricate, daunting, and emotionally taxing.
Whether you’re facing a personal injury claim, a complex business dispute, or a criminal charge, having a skilled and experienced trial lawyer by your side can make all the difference.
In Atlanta, a city bustling with legal complexities, the expertise of trial lawyers is an invaluable asset.
Let’s delve into the realm of Atlanta trial lawyers, understanding their roles, the cases they handle, and the impact they make in the pursuit of justice.
If you find yourself in a situation where you’ve uncovered unethical or illegal activities within a company, you might be facing a moral dilemma.
Reporting corporate misconduct is crucial for upholding ethical standards, but it can also be daunting, given potential repercussions.
This is where an Atlanta whistleblower lawyer comes into play.
In this article, we’ll delve into the world of whistleblower cases, the importance of legal protection, and the role an Atlanta whistleblower lawyer plays in ensuring justice prevails.
If you’ve been involved in a car accident in Atlanta, follow these crucial steps to ensure you protect your rights and maximize your chances of receiving fair compensation:
Safety First: Check yourself and others for injuries and move to a safe location if possible.
Call for Help: Dial 911 to report the accident and request medical assistance if needed.
Gather Information: Exchange contact and insurance details
with the other driver(s) involved.
Also, gather contact information from any witnesses.
Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
Report to the Police: File a police report and obtain a copy for your records.
Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify hidden injuries.
Notify Your Insurance Company: Report the accident to your insurance company, providing factual information without admitting fault.
Consult with an Atlanta Car Accident Lawyer: Contact an experienced car accident lawyer in Atlanta to discuss your case and understand your legal options.
The Expertise of Atlanta Car Accident Lawyers
Atlanta car accident lawyers possess specialized expertise that can significantly benefit your case:
Legal Knowledge: They have a deep understanding of Georgia’s car accident laws and how they apply to your situation.
Investigation Skills: They know how to conduct thorough investigations to gather evidence supporting your claim.
Negotiation Abilities: They are skilled negotiators who can handle discussions with insurance companies to secure fair settlements.
Litigation Experience: If a fair settlement cannot be reached, they can represent you in court with confidence.
Navigating the Legal Process with Atlanta Car Accident Lawyers
Navigating the legal process after a car accident can be daunting.
Atlanta car accident lawyers can guide you through each step, from gathering evidence and communicating with insurance adjusters to filing necessary paperwork and representing you in court, if needed.
Having an experienced lawyer by your side can alleviate stress and increase the likelihood of a positive outcome for your case.
Maximizing Compensation: How Atlanta Car Accident Lawyers Can Help
Recovering compensation after a car accident involves assessing various factors to ensure you receive the maximum amount possible:
Medical Expenses: Atlanta car accident lawyers can calculate the full extent of your medical costs, including future treatment needs.
Lost Wages: If you missed work due to your injuries, lawyers can pursue compensation for your lost income.
Property Damage: They can help you recover the costs of repairing or replacing your vehicle.
Pain and Suffering: Skilled lawyers can also pursue non-economic damages for pain, suffering, and emotional distress.
Punitive Damages: In cases of gross negligence, punitive damages may be sought to punish the at-fault party.
Common Causes of Car Accidents in Atlanta
Car accidents in Atlanta can result from various factors, including:
Distracted Driving: Texting, using a phone, or engaging in other distractions while driving.
Speeding: Exceeding the speed limit or driving too fast for road conditions.
Impaired Driving: Operating a vehicle under the influence of alcohol or drugs.
Reckless Driving: Engaging in aggressive or careless driving behaviors.
Weather Conditions: Adverse weather, such as rain, snow, or fog, can contribute to accidents.
Defective Auto Parts: Malfunctioning vehicle components can lead to accidents.
Failure to Obey Traffic Laws: Running red lights, stop signs, or failing to yield the right of way.
Understanding Georgia’s Car Accident Laws
Georgia follows a fault-based system for car accidents, meaning the at-fault driver is responsible for covering the damages. Understanding the state’s legal requirements and limitations is essential when pursuing compensation after an accident.
When to Consult an Atlanta Car Accident Lawyer
You should consult an Atlanta car accident lawyer as soon as possible after an accident, especially if:
You Suffered Injuries: If you sustained injuries, a lawyer can help you navigate the legal process and ensure you receive appropriate compensation.
Liability is Disputed: When fault is unclear or contested, a lawyer can conduct a thorough investigation to prove liability.
Insurance Offers are Insufficient: If the insurance company offers an inadequate settlement, a lawyer can negotiate for a fairer amount.
A Loved One was Fatally Injured: In cases of wrongful death, an attorney can help you pursue a wrongful death claim.
The Role of Evidence in Car Accident Cases
Collecting and preserving evidence is crucial for building a strong car accident case. Evidence may include:
Photographs: Pictures of the accident scene, vehicle damage, and injuries.
Police Reports: Official records of the accident and statements from witnesses.
Medical Records: Documentation of your injuries and treatment.
Witness Statements: Testimonies from individuals who saw the accident.
Expert Opinions: Analysis from accident reconstruction experts.
Conclusion
Being involved in a car accident in Atlanta can be a challenging experience, but you don’t have to go through it alone.
Seek the support of experienced Atlanta car accident lawyers who can guide you through the legal process and fight for your right to fair compensation.
Remember to act swiftly, preserve evidence, and consult with legal experts to maximize your chances of a successful outcome.
With dedicated legal representation, you can focus on your recovery while your lawyer handles the complexities of your case.
FAQs
What Should I Do Immediately After a Car Accident in Atlanta?
After a car accident in Atlanta, prioritize safety. Check for injuries and move to a safe location if possible. Call 911 to report the accident and request medical assistance if needed. Exchange contact and insurance information with the other driver(s) and gather contact details from witnesses. Document the accident scene and file a police report. Seek medical attention, even if you feel fine. Notify your insurance company and consult with an Atlanta car accident lawyer to understand your legal options.
Why Should I Hire a Car Accident Lawyer in Atlanta to Handle My Claim?
Hiring a car accident lawyer in Atlanta is crucial to protect your rights and pursue fair compensation. Lawyers have the legal knowledge and experience to navigate the complex legal process, gather evidence, and negotiate with insurance companies. They can advocate for your best interests, maximize your compensation, and, if necessary, represent you in court.
How Do I Choose the Best Car Accident Lawyer in Atlanta for My Case?
To choose the best car accident lawyer in Atlanta, consider their experience and track record with car accident cases. Read online reviews and testimonials, and seek personal recommendations if possible. Look for a lawyer who communicates effectively, is responsive to your needs, and has a strong commitment to achieving favorable outcomes for their clients.
What Types of Compensation Can I Seek After a Car Accident in Atlanta?
After a car accident in Atlanta, you can seek various types of compensation, including medical expenses, lost wages, property damage, pain and suffering, and punitive damages in cases of gross negligence.
How Long Do I Have to File a Car Accident Claim in Atlanta?
In Georgia, the statute of limitations for filing a car accident claim is typically two years from the date of the accident. It’s crucial to act promptly and consult with an attorney as soon as possible to avoid missing the deadline.
Can I Still Pursue Compensation If I Was Partially at Fault for the Car Accident?
Yes, you can still pursue compensation in Georgia even if you were partially at fault for the car accident. The state follows a modified comparative fault system, meaning your compensation may be reduced proportionally based on your level of fault. As long as you are less than 50% at fault, you can still seek compensation.
What If the Other Driver Is Uninsured or Underinsured?
If the other driver is uninsured or underinsured, you can still pursue compensation through your own uninsured/underinsured motorist coverage. An Atlanta car accident lawyer can assist you in navigating this process and ensuring you receive the coverage you are entitled to.
Will My Case Go to Trial, or Can It Be Settled Out of Court?
Many car accident cases are settled out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, your case may go to trial. Experienced Atlanta car accident lawyers are prepared to represent you in court if needed, fighting for your rights to fair compensation.
How Much Will It Cost to Hire an Atlanta Car Accident Lawyer?
Most car accident lawyers in Atlanta work on a contingency fee basis. This means they only get paid if they secure compensation for you. Their fee is typically a percentage of the final settlement or verdict, and they will discuss this arrangement with you during your initial consultation.
Can I Handle My Car Accident Claim Without Involving a Lawyer?
While it is possible to handle your car accident claim without involving a lawyer, it’s not recommended. Insurance companies may take advantage of unrepresented individuals and offer low settlements. An Atlanta car accident lawyer can protect your rights, navigate the legal complexities, and work to secure the maximum compensation you deserve.
Accidents and injuries can happen unexpectedly, leaving victims with physical, emotional, and financial burdens.
In such situations, an Atlanta personal injury attorney can be a valuable ally, providing legal expertise and fighting for the rights of the injured.
This article explores the role of a personal injury attorney, reasons to hire one, when to consult them, how to choose the right attorney, and common types of personal injury cases they handle.
