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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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What Type of Attorney Do You Call If You’re Injured in a Truck Accident?

A truck accident lawyer focuses on injury claims involving commercial trucks, tractor-trailers, and other large commercial vehicles. 

Truck accidents differ significantly from standard car crashes due to the size of the vehicles, the severity of injuries, and the number of parties involved. 

These cases require legal representation with experience in trucking regulations, corporate liability, and complex investigations.

Selecting the correct type of attorney after a truck crash can directly affect how evidence is
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When Is a Misdiagnosis Medical Malpractice? What’s Included and Legal Standards Explained

Misdiagnosis medical malpractice occurs when a healthcare provider makes a diagnostic error that falls below accepted medical standards and directly causes harm to a patient. 

Diagnostic mistakes happen across many medical settings, but only certain errors meet the legal definition of malpractice.

Not every medical misdiagnosis leads to legal responsibility. Courts focus on whether the provider acted negligently and whether that negligence caused measurable injury. 

This article explains when a misdiagnosis qualifies as
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When Medical Care Goes Wrong in Duluth: How a Malpractice Attorney Can Help

Medical malpractice is a serious issue that can cause lasting physical, emotional, and financial harm. 

When healthcare professionals fail to meet the standard of care, patients may experience complications, worsened conditions, or even death. 

If you or a loved one has been affected by medical malpractice in Duluth, a medical malpractice attorney can help you understand your legal rights and pursue the compensation you deserve.

What is Medical Malpractice?

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Why You Should Hire a Truck Accident Lawyer in Atlanta

Truck accidents in Atlanta are often far more complex than regular car accidents, involving larger vehicles, stricter regulations, and more severe consequences. 

If you or a loved one has been injured in a truck accident, hiring an experienced truck accident lawyer in Atlanta is essential for navigating the complexities of both the legal system and the trucking industry. 

At Finch McCranie LLP, we offer dedicated legal representation to ensure that your rights are
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Why Trucking Accidents Are a Serious Issue and When to Contact an Attorney

Trucking accidents are a serious issue that can lead to catastrophic injuries, lengthy recoveries, and overwhelming financial burdens. 

Unlike typical vehicle accidents, trucking accidents often involve larger vehicles that cause more significant damage, both to property and people. 

If you’ve been involved in a truck accident, understanding the severity of the situation and knowing when to contact an attorney can make all the difference in ensuring you receive the compensation you deserve.

What
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After a Serious Truck Accident in Atlanta: When to Hire an Attorney

If you’ve been involved in a serious truck accident in Atlanta, it’s essential to consider hiring a truck accident lawyer in Atlanta. 

These accidents often involve complex legal issues, and navigating the aftermath without expert legal representation can lead to missed opportunities for full compensation. 

A skilled attorney can help ensure your rights are protected and that you receive the justice and financial support you deserve.

Why a Truck Accident is Different from
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Truck Rollover Accidents in Duluth: Causes, Risks, and Why an Attorney Can Help

Truck rollover accidents in Duluth GA represent some of the most devastating and legally complex motor vehicle collisions on Georgia roadways. 

When a large commercial truck tips onto its side or roof, the sheer weight and force involved can cause catastrophic injuries, multi-vehicle pileups, and life-altering consequences for everyone involved.

Duluth sees consistent commercial truck traffic due to its access to major highways, local distribution routes, and nearby industrial and commercial centers. 

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Patient Dissatisfied with  Rhinoplasty: when to contact a medical malpractice attorney

A rhinoplasty medical malpractice attorney is often consulted when post-surgical outcomes raise questions about professional standards rather than cosmetic preference.

Rhinoplasty is a complex surgical procedure that affects both appearance and breathing function, and while dissatisfaction alone does not establish malpractice, certain outcomes may signal medical negligence rather than aesthetic disappointment.

From a legal standpoint, cosmetic surgery is held to the same professional standards as any other medical procedure. 

When preventable errors, poor technique, or
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What Evidence Is Needed to Win a Medical Malpractice Negligence Case?

Evidence needed to win a medical malpractice negligence case determines whether a claim survives investigation, withstands defense challenges, and succeeds at trial. 

Medical malpractice cases are not won by pointing to a bad outcome or a patient’s belief that something went wrong. 

They are won by assembling precise, credible evidence that proves negligence caused measurable harm.

From a litigation standpoint, malpractice cases rise or fall on documentation, expert analysis, and the ability to
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Signed a Consent Form but the Surgery Went Wrong? Understanding Medical Malpractice

Signed a consent form medical malpractice issues often surface after a surgical procedure results in serious injury or loss of life. 

Families are frequently told that the outcome was an accepted risk, leaving them unsure whether legal action is even possible.

In personal injury and wrongful death cases, however, the presence of a consent form does not end the legal inquiry.

From an injury law perspective, the critical question is not whether a patient signed
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