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Personal Injury & Wrongful Death

Consumer Bill In Trouble

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
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In Tribute To A Fine Man And Lawyer

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
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Medical Malpractice and Servicemembers

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
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Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

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.

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

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
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

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
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Nursing Home Falls

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
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High Court Upholds Vioxx Award in Wrongful Death Case

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
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Report: FDA Approved Medical Device Under Political Pressure

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
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Medical Errors Abound

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
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Our Other Blog

How Much Are The Fees Of A Medical Malpractice Lawyer?

When pursuing a medical malpractice case, one of the primary concerns for individuals seeking legal representation is the cost. Medical malpractice lawyers‘ fees can vary depending on different factors and fee structures.

The Basics Of Medical Malpractice Lawyers’ Compensation

Medical malpractice lawyers typically get paid through various fee arrangements. The most common fee structures include contingency fees, hourly rate billing, and retainers with expenses.

Understanding Contingency Fee Arrangements

Contingency fees are a prevalent arrangement in medical malpractice cases. With this approach, the lawyer only

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How To Sue For Medical Malpractice? A Step-By-Step Guide

If you or a loved one has experienced medical malpractice, taking legal action might be necessary to seek compensation for the damages. However, the process of suing a doctor for medical malpractice can be complex. This step-by-step guide will help you understand what to do if you find yourself in such a situation.

Why Is It Important To Seek Legal Representation?

Before delving into the steps of suing for medical malpractice, it’s crucial to emphasize the importance of seeking legal representation. Medical malpractice cases

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What Is the Most Common Type of Lift Truck Accident?

Lift truck accidents can lead to severe injuries and even fatalities if proper precautions are not taken. 

Understanding the most common types of lift truck accidents is crucial for promoting safety in workplaces that utilize these vehicles. 

In this article, we will explore the various factors related to lift truck accidents, including their causes, types, legal implications, prevention measures, and the role of a truck accident lawyer.

Common Causes of Lift Truck Accidents


Several factors contribute to lift truck accidents. Some of the common causes include:

  1. Lack of Operator Training: Inadequate training or improper certification can increase the risk of accidents.
  2. Improper Maintenance: Neglecting regular maintenance of lift trucks can lead to mechanical failures and accidents.
  3. Unsafe Operating Practices: Reckless driving, speeding, and failure to follow safety protocols significantly contribute to accidents.
  4. Poor Visibility: Limited visibility due to blind spots, obstructed views, or poorly positioned mirrors can result in collisions or accidents.
  5. Uneven Surfaces: Operating lift trucks on rough terrain can cause instability and tipping accidents.
  6. Overloading: Carrying loads that exceed the recommended capacity can compromise the stability and maneuverability of the lift truck.

What Are the Common Types of Lift Truck Accidents?

The most usual types of lift truck accidents include:

  1. Forklift Tip-Overs: These accidents occur when the lift truck becomes unbalanced due to an uneven load, excessive speed, or improper maneuvering, causing it to tip over.
  2. Collisions: Lift trucks colliding with stationary objects, other vehicles, or pedestrians can lead to severe injuries and property damage.
  3. Falls from Heights: When operators or pedestrians fail from an elevated platform or forklift, it can result in serious injuries.
  4. Struck-by Accidents: People can be struck by the lift truck or its load, causing injuries or fatalities.
  5. Entrapment or Crushing Accidents happen when an operator or bystander becomes trapped between the lift truck and another object or when the operator is caught within the vehicle’s moving parts.

Legal Implications of Lift Truck Accidents

Lift truck accidents can have legal implications for both employers and operators. 

Employers are responsible for a safe work environment, which includes proper training, regular maintenance, and adherence to safety regulations. 

Failure to fulfill this commitment can result in legal consequences such as fines, penalties, and lawsuits. 

Additionally, operators demonstrating negligence or disregard for safety protocols may face legal repercussions.

How to Prevent and Mitigate Forklift Accidents

Preventing lift truck accidents requires a combination of proactive measures and ongoing training. 

Some strategies to avoid and mitigate forklift accidents include:

  1. Comprehensive Training Programs: Provide thorough training to operators on safe operating practices, maintenance procedures, and recognizing potential hazards.
  2. Regular Maintenance and Inspections: Implement a regular maintenance schedule and conduct inspections to promptly identify and address any mechanical issues.
  3. Enforce Safety Protocols: Establish strict safety protocols and ensure all operators adhere to them, including speed limits, proper load handling, and signaling procedures.
  4. Improve Visibility: Install additional mirrors, cameras, or sensors to enhance visibility and reduce blind spots.
  5. Promote Communication: Encourage clear communication between operators, pedestrians, and other workers near lift trucks.
  6. Implement Safety Barriers: Use physical or designated zones to separate pedestrians from operating areas.
  7. Regular Safety Audits: Conduct periodic safety audits to identify potential hazards and implement corrective actions.

Let Our Truck Accident Lawyer Help You

If you or someone you know has been involved in a lift truck accident, it is essential to seek legal assistance. 

A qualified truck accident lawyer specializes in handling personal injury cases related to lift truck accidents. 

They can provide valuable guidance, assess liability, and help you navigate the legal process to seek compensation for injuries, medical expenses, & other damages.

Conclusion

Being aware of the most common types of lift truck accidents is crucial for promoting safety in workplaces that use these vehicles. 

By understanding the causes, types, legal implications, and prevention measures associated with lift truck accidents, employers and operators can take proactive steps to ensure a safe working environment. 

Remember, preventing accidents requires ongoing training, regular maintenance, and a commitment to following safety protocols. 

Prioritizing safety protects individuals, contains legal complications, and promotes overall productivity.

FAQs

Which of the following are common causes of lift truck accidents?

Common causes of lift truck accidents include lack of operator training, improper maintenance, unsafe operating practices, poor visibility, uneven surfaces, and overloading.

What are the three most common reasons for forklift accidents?

The three common reasons for forklift accidents are operator error, lack of training, & inadequate maintenance.

What are the most common types of truck accidents?

The most common types of lift truck accidents include tip-overs, collisions, falls from heights, struck-by accidents, and entrapment or crushing accidents.

How common are forklift accidents?

Forklift accidents are unfortunately quite common, with thousands of accidents reported each year, resulting in injuries and fatalities.

What is the most common type of forklift accident?

The most common type of forklift accident is tip-overs, which can occur due to various factors such as unbalanced loads, excessive speed, or improper maneuvering.

What is the most common type of crash?

In the context of lift truck accidents, the most common type of crash is a collision between a lift truck and a stationary object, another vehicle, or a pedestrian.

What are two of the most common accident types?

Tip-overs and collisions are two of the most common accident types involving lift trucks.

What is the most common cause of accidents?

Operator error, including lack of training and unsafe operating practices, is among the most common causes of lift truck accidents.

What are the five common accidents?

The five common accidents involving lift trucks are tip-overs, collisions, falls from heights, struck-by accidents, and entrapment or crushing accidents.

What are the two leading causes of injuries when using forklifts?

Two leading causes of injuries when using forklifts are operator error and lack of proper safety protocols.

Which of the following is one of the three most common types of forklift accidents?

One of the three common forklift accidents is tip-overs, where the lift truck becomes unbalanced and topples over.

What are the four leading causes of forklift injuries?

The four leading causes of forklift injuries are operator error, lack of training, inadequate maintenance, and improper load handling.

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How To Win A Medical Malpractice Lawsuit: Expert Legal Advice

If you or a loved one has experienced medical malpractice, you may be wondering how to win a medical malpractice case and seek justice.

Navigating the legal system can be overwhelming, but with the right approach and expert legal advice, you can increase your chances of a successful outcome.

In this article, we will explore the different types of medical malpractice lawsuits, how to prove medical malpractice, and the essential steps to succeeding in your medical

malpractice suit.

The Different Types Of Medical Malpractice Lawsuits

Medical malpractice encompasses various situations where a healthcare professional’s negligence leads to harm or injury to a patient.

Some common types of medical malpractice lawsuits include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide adequate care.

Understanding the specific type of malpractice is crucial to building a strong case.

How To Prove Medical Malpractice

Medical Records: A Key Piece Of Evidence

One of the essential elements in proving medical malpractice is obtaining and analyzing medical records.

These records provide crucial information about the patient’s treatment, the healthcare provider’s actions, and any potential negligence.

Medical records act as a foundation for establishing a case against medical malpractice.

Expert Testimony: Establishing a Standard Of Care

Expert testimony plays a significant role in a medical malpractice lawsuit.

Medical experts with relevant expertise and experience can help establish the standard of care that should have been provided in a particular situation.

Comparing the actual treatment to the standard of care helps determine whether medical negligence occurred.

Collecting Additional Evidence: Witness Statements And Documents

To strengthen your case, gathering additional evidence is essential.

Witness statements from individuals present during the medical procedure can provide valuable insights.

Additionally, other documents, such as medical literature or guidelines, can help support your claim of medical malpractice.

Hiring A Competent Medical Malpractice Lawyer Increases The odds.

When facing a medical malpractice case, hiring a competent and experienced medical malpractice lawyer is crucial.

An attorney specializing in medical malpractice cases will have the necessary expertise to navigate the complexities of such lawsuits.

They can gather evidence, build a compelling argument, and negotiate with insurance companies or opposing parties.

How To Win A Medical Malpractice Case

Successfully winning a medical malpractice case requires thorough preparation and a well-developed strategy.

Here are some steps to help you increase your odds of success:

  1. Gather Comprehensive Evidence: As mentioned earlier, medical records, expert testimony, and additional evidence are vital in building a strong case. 
  2. Prove Negligence: You must demonstrate that the healthcare provider’s actions deviated from the standard of care expected in their profession and that this deviation directly caused harm to the patient. 
  3. Consult with Experts: Seek advice from medical experts who can review your case and offer their professional opinion on whether medical malpractice occurred. 
  4. Document Damages: Keep track of all damages, including medical expenses, lost wages, and emotional distress.These will play a crucial role in determining the compensation you deserve.

     

  5. Negotiate a Settlement: In many cases, medical malpractice suits are settled outside of court.Your lawyer can negotiate with the other party to secure a fair settlement.

     

  6. Prepare for Trial: If a settlement cannot be reached, your lawyer will prepare for trial, presenting a compelling case before a judge and jury. 

Conclusion

Facing a medical malpractice case can be emotionally and financially taxing, but with the right approach and expert legal assistance, you can increase your chances of a favorable outcome.

Remember to gather strong evidence, consult with medical experts, and hire a competent medical malpractice lawyer.

Winning a medical malpractice lawsuit is possible with determination, thorough preparation, and the support of experienced legal professionals.

FAQs

Which element of malpractice is hardest to prove?

Proving negligence is often the most challenging element of a medical malpractice case. It requires demonstrating that the healthcare provider’s actions deviated from the standard of care and that this deviation directly caused harm to the patient.

What four things must be proven in a medical malpractice case?

In a medical malpractice case, four essential elements must be proven: the existence of a doctor-patient relationship, the healthcare provider’s negligence, a direct link between the negligence and the patient’s injury, and resulting damages.

What are the 4 C’s of medical malpractice?

The 4 C’s of medical malpractice refer to the elements that need to be established in a malpractice case: Competence, Communication, Consent, and Causation.

Why is it so hard to win a malpractice case?

Medical malpractice cases are challenging to win due to the need to provide substantial evidence of negligence and causation. Healthcare providers often have strong legal representation, making these cases complex and vigorously defended.

Who gets sued the most for malpractice?

While various healthcare providers can face malpractice lawsuits, doctors are more commonly sued due to their direct involvement in patient care.

What five elements need to be present to prove malpractice?

The five elements necessary to prove medical malpractice are duty, dereliction (breach of duty), direct cause, damages, and defense.

What are the three C’s to prevent malpractice?

The three C’s to prevent malpractice are Competence (maintaining professional skills and knowledge), Communication (effective and clear communication with patients), and Consent (obtaining informed consent for treatments and procedures).

What is the most important type of evidence in a medical malpractice case?

Medical records are considered the most critical type of evidence in a medical malpractice case, as they provide a comprehensive account of the patient’s treatment and the healthcare provider’s actions.

What are some examples of malpractice?

Examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide adequate care.

How do you deal with medical negligence?

If you suspect medical negligence, consult with a medical malpractice lawyer to discuss your options and potentially pursue legal action against the responsible party.

What are the four D’s of medical malpractice duty dereliction?

The four D’s of medical malpractice (duty dereliction) are Deviation (from the standard of care), Direct cause (of harm), Damages (suffered by the patient), and Defense (against the allegations).

What are the four codes of medical ethics?

The four codes of medical ethics are autonomy (respecting the patient’s right to make decisions), beneficence (acting in the patient’s best interest), non-maleficence (avoiding harm), and justice (fair distribution of healthcare resources).

Who pays the most for malpractice?

Specialties such as neurosurgery, cardiothoracic surgery, and obstetrics and gynecology often have higher malpractice insurance premiums due to their higher risk and potential for complex procedures.

How long do most malpractice cases last?

The duration of medical malpractice cases can vary significantly, but they typically take several months to a few years to reach a resolution, depending on various factors.

What is the highest-paying malpractice?

The highest-paying malpractice claims usually involve catastrophic injuries or wrongful death cases, resulting in substantial compensation.

What is evidence of malpractice?

Evidence of malpractice can include medical records, expert testimony, witness statements, photographs, and any other documentation that supports the claim of negligence.

What five things must be proven in a negligence case?

In a negligence case, five essential elements must be proven: duty, breach of duty, cause in fact, proximate cause, and damages.

How does a plaintiff prove she will win a negligence case?

To win a negligence case, the plaintiff must provide evidence demonstrating that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries or damages.

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What Do Medical Malpractice Lawyers Do? – What To Expect

If you’ve experienced harm or injury due to medical negligence, a medical malpractice lawyer can be your advocate and guide throughout the legal process.

These lawyers specialize in handling cases involving medical errors, ensuring that victims receive the compensation they deserve.

Let’s delve into the role of medical malpractice lawyers and the benefits of hiring one.

The Role Of Medical Malpractice Lawyers

Investigating Medical Negligence Claims

Medical malpractice lawyers investigate the details surrounding a potential case, reviewing medical records, consulting with medical experts, and

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How To Prove Medical Malpractice Claim? – Your Legal Guide

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.

Proving medical malpractice can be complex and challenging, requiring a thorough understanding of the legal requirements and the ability to gather compelling evidence.

In this article, we will provide a comprehensive legal guide on how to prove medical malpractice.

From understanding the elements of a malpractice claim to gathering evidence and navigating the legal process, we’ll cover everything you need to know.

How To Prove Medical Malpractice Claim?
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How To Find A Medical Malpractice Attorney? – A Quick Guide

When faced with a potential medical malpractice case, finding the right attorney is crucial to navigate the complex legal landscape & seek justice for any harm or injuries suffered.

In this panoramic guide, we will explore the steps you can take to find a reputable medical malpractice attorney who can effectively represent your interests.

From researching potential attorneys to evaluating their experience and expertise, we will equip you with the knowledge to make an informed decision and empower you in your pursuit of justice.

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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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