Personal Injury & Wrongful Death

How To Get The Best Settlement In A Personal Injury Case

This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning
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Should High Speed Police Chases Be Banned ?

The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It
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Dangerous Infant Cribs To Be Banned

Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid
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Minor Falls Can Lead To Severe Brain Injury

Our Atlanta lawyers see many cases involving serious head injuries which at first appear to be minor or nonexistent. The recent report about actress Natasha Richardson who fell at a Canadian ski slope is a prime example. According to reports, Ms. Richardson, suffered a minor fall while skiing.
According to reports, she was talking and joking after she fell Monday. But soon after she returned to her hotel room she complained of head pain and was taken to a nearby hospital, then to a larger medical center in Montreal. She was later flown by private jet to a New York hospital, where she is reportedly in critical condition.
A blow to the head that at first seems minor and does not result in immediate pain or other symptoms can in fact turn out to be a life-threatening brain injury. Immediate treatment is essential after a brain injury because damage caused by swelling is often irreversible.
The initial fall or injury doesn’t have to be hard at all. The delay in symptoms can range from five minutes to three hours after the accident.
Experts report that a patient can appear deceivingly normal at first, but they may actually have a brain bleed and as the pressure builds up, they experience classic symptoms of a traumatic brain injury. This condition is commonly referred to as “talk and die” syndrome, because the patient can decline so rapidly.
These injuries are known as epidural hemorrhages. Blood gets trapped between the skull and the dura which is a hard layer of skin between the bone and brain. As the blood flows from the ruptured artery, the fluid builds and can puncture the dura.
The pressure is pushed on the brain, causing it to swell. Since the brain is restricted by the skull, there is often no room for it to move inside the skull cavity.
Nausea, severe headache, glossy eyes, sudden sleepiness, are all common symptoms of a brain injury. Getting to a hospital within the first few hours is critical to prevent permanent brain damage. Immediate treatment is essential after a brain injury because the initial damage caused by swelling often is irreversible.
Experts warn that the most important thing to do to lower your risk of a brain injury is to wear a helmet.

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Nursing Home Elder Abuse and Neglect

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of nursing home abuse over the years. With our aging population, we expect the numbers of these cases to increase. Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A Georgia nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder
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Defibrillator Recall

Emergency defibrillators in public gathering places have become common throughout Georgia. Now, about 14,000 external defibrillators are being recalled after 39 reported incidents, including two that involved patient deaths.
The recall was announced Tuesday by manufacturer Welch Allyn. It involves 14,054 AED 10 and MRL JumpStart external defibrillators made between Oct. 3, 2002, and Jan. 25, 2007. The company said there is a chance the AEDs, available through prescription, may produce low-energy shock, shutdown unexpectedly or be susceptible to electromagnetic noise interference.
These problems could
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Dangers Of Industry Payments To Doctors

Emory University in Atlanta, Georgia has been involved in a controversy concerning undisclosed payments to the head of the psychiatry department by drug companies. The danger that these financial relationships between physicians and drug and medical device manufactures can pose to patients is being brought to light in West Virginia.
Two companies that make medical devices and surgical materials may face sanctions related to medical malpractice lawsuits filed by patients against John Anderson King, an osteopathic surgeon on the staff of Putnam General Hospital in
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Bowflex Recalls Dangerous Gyms

Many Bowflex exercise machines are found in homes and gyms throughout Georgia. Now, Nautilus Inc, the manufacturer is recalling 78,000 of its Bowflex Ultimate 2 Home Gyms.
There are reports that the seat rails can unlatch causing potentially serious injury. At least 18 people have been injured so far, with some customers suffering cuts to their heads and shoulders; some requiring stitches.
The U.S. Consumer Product Safety Commission said the gym’s horizontal seat rail, if not manually latched for storage, can fall on a user
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Supreme Court Ruling Affects Georgia Consumers and Others

Georgia residents and countless others across the nation received good news today. In a surprise decision handed down today the United States Supreme Court held that drug manufacturers who fail to warn of known dangers are not immune from liability due to the federal preemption doctrine.
In the case of Wyeth v. Levine , the Supreme Court was confronted with a situation in which drug manufacturer Wyeth had been sued by Levine. Wyeth manufacturers the anti-nausea drug Phenergan. Levine had been injected with Phenergan by a clinician using the IV-push method whereby the drug is injected directly into a vein. However, the drug entered an artery and doctors were forced to amputate her arm below the elbow.
Levine sued in the state courts of Vermont alleging among other things, that Wyeth knew of the increased risks of using the drug by the IV-push method, but failed to provide adequate warnings to healthcare practitioners. A Vermont jury determined that Wyeth was liable under state failure to warn claims and awarded damages against Wyeth.
Wyeth appealed arguing that prior approval of the label for Phenergan by the FDA preempted all state law actions, in effect granting them immunity from suit.
The Supreme Court squarely rejected this argument, finding that Wyeth’s argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer.
This is a major victory for consumers across the United States.

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Federal Prosecution of Major Drug Manufacturer

The United States Department of Justice has charged the drug maker Forest Laboratories with defrauding the government of millions of dollars by illegally marketing the popular antidepressants Celexa and Lexapro for unapproved uses in children and teenagers.
In a civil complaint filed by the United States attorney’s office in Boston, federal prosecutors alleged that former top executives at Forest concealed for several years a clinical study that showed that the drugs were not effective in children and might even pose risks to them, including suicides.
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Why You Should Schedule a Consultation with a Semi-Truck Wreck Lawyer

If you’ve been involved in a semi-truck accident, scheduling a consultation with a semi-truck wreck lawyer is essential for ensuring your rights are protected and that you receive the compensation you deserve.

Semi-truck accidents differ from standard car crashes due to their complexity, which involves multiple parties, intricate legal frameworks, and often large-scale insurance negotiations.

Consulting with an expert truck accident lawyer will help you navigate these complexities with confidence.

In this article, we’ll explain why consulting a semi-truck wreck lawyer is vital, what you
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Why It is Most Important to Choose Professionals Lawyers for Wrongful Death in Atlanta

Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience.

In such times, lawyers for wrongful death become crucial in seeking justice.

Choosing the right attorney can be the difference between securing compensation for your loss and facing an uphill battle in the legal system.

In this blog, we will explore why it’s most important to hire experienced and professional lawyers for wrongful death cases in Atlanta.

What is Wrongful Death?

Wrongful death refers to a fatality caused by
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How a Wrongful Death Lawyer in Duluth Can Help You Deal with the Emotional and Legal Challenges

Losing a loved one due to someone else’s negligence is an incredibly difficult experience.

During this emotional time, it can be overwhelming to deal with the legal aspects of pursuing a wrongful death claim.

A wrongful death lawyer in Duluth can help you navigate both the emotional and legal challenges, ensuring that your family receives the justice and compensation you deserve.

From understanding complex legal terms to providing the necessary support, an attorney specializing in wrongful death cases can make a significant difference in the
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Filing a Wrongful Death Claim After a Truck Accident in Duluth

Losing a loved one in a truck accident is devastating, especially when the accident could have been prevented. 

Filing a wrongful death claim after a truck accident in Duluth is a critical legal step for families seeking justice and compensation for their loss. 

A wrongful death lawsuit allows the family to hold responsible parties accountable and recover compensation for funeral expenses, lost wages, and emotional suffering. 

In this blog,
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Why Hiring a Truck Accident Attorney for Commercial Truck Accidents Makes a Difference

Commercial truck accidents can be life-changing, causing significant injuries and long-term consequences for victims. 

When involved in a commercial truck accident, hiring a truck accident attorney is essential to protect your rights, navigate complex laws, and secure fair compensation. 

A skilled attorney can ensure you understand the legal process, gather key evidence, and negotiate with insurance companies to achieve the best possible outcome. 

In this blog, we will explore why hiring
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Understanding Medical Malpractice During Birth: why choose medical malpractice attorney to protect your family

Medical malpractice during birth is a serious issue that can have lifelong consequences for both the mother and the child. 

When medical negligence during childbirth leads to injuries, it can leave families devastated. 

That’s why it’s crucial to have a medical malpractice attorney by your side to protect your family’s rights and secure the compensation you deserve. 

Birth injuries caused by medical errors can range from physical injuries to the baby,
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When Can a Misdiagnosis Lead to a Medical Malpractice Claim?

Misdiagnosis in healthcare is a serious issue that can lead to significant physical, emotional, and financial consequences. 

When a healthcare professional provides an incorrect diagnosis, it can be considered medical malpractice, and the patient may be entitled to compensation. 

In this blog, we will explore when a misdiagnosis qualifies as medical malpractice and the legal steps involved in filing a claim.

What is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider fails
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9 Challenges in Georgia Log Truck Crash Claims: Why Experienced Legal Representation Is Essential

When a family contacts our firm after a fatal log truck crash in Georgia, they are often overwhelmed, grieving, and unaware of the legal obstacles already forming against them.

Log truck wrongful death cases are among the most complex and aggressively defended claims in Georgia personal injury litigation. 

These cases are not comparable to standard car accidents or even typical 18-wheeler crashes. 

They involve unique state regulations, rural venue dynamics, inadequate insurance structures,
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What can happen if I wait too long to hire a lawyer after a fatal truck crash or accident in Duluth?

If you wait too long to hire a truck accident lawyer in Duluth, critical evidence may disappear, legal deadlines may expire, and your family’s ability to pursue full compensation could be significantly weakened. 

After a fatal truck crash Duluth GA families often experience shock and grief, making immediate legal decisions difficult. 

However, delay can directly impact a wrongful death truck accident Georgia claim.

Commercial trucking cases involve complex evidence, corporate defendants,
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Chances of Winning a Wrongful Death Lawsuit After Negligence

The chances of winning a wrongful death lawsuit depend on the strength of the evidence, the clarity of negligence, and the strategy behind the claim. 

Families understandably want to know whether pursuing legal action will lead to accountability and financial recovery.

Although no attorney can promise a guaranteed outcome, the wrongful death claim success rate in Georgia is closely tied to preparation, documentation, and the ability to meet the burden of proof required under state
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