Georgia Injury Lawyer Blog

In a case where an innocent victim is victimized by the negligence of a third party, whether it be as a result of the negligent acts of a truck driver or due to medical malpractice committed by a doctor, a question often arises: Should a claimant in such a case consider mediation as a way of resolving their claims against the negligent defendant? Experience indicates that mediation is successful approximately eighty percent (80%) of the time so logic would dictate that all serious personal injury claimants should consider mediation as an alternative to litigation.

Over the years, we have been involved in hundreds of mediations here at our firm. Our experience bears out that approximately eighty percent (80%) of all cases submitted to mediation do settle. Thus, we do recommend that our clients seriously consider attending a mediation prior to proceeding to a jury trial. Jury trials are fraught with uncertainty and reasonable minds many times can differ over what would be a fair and just result in any given case. At mediation, the parties deciding the dispute are the parties themselves as opposed to twelve (12) lay persons who are strangers to the dispute. There are advantages for the parties to settle amongst themselves because not only does this save the time and expense of a jury trial, the parties themselves are usually much more familiar with the facts than would be twelve (12) lay persons sitting in a jury box. Thus, as a general proposition, we recommend that all of our clients consider mediation as a possible way to resolve a personal injury case against a negligent third party. As stated, it does not matter whether the case involves medical malpractice, products liability, wrongful death, a trucking accident, a car accident or any other serious injury tort case. As long as the parties are voluntarily willing to submit their claims to a mediation, there is always the possibility of a settlement, which if the terms of the settlement are fair and just, can be preferable to proceeding to trial. Of course, we continue to advocate that the best way to get the best result for any client is to be prepared to present the case to a jury so that all parties at the mediation will know that counsel is prepared to obtain a just result for his/her client unless the case is settled for a reasonable sum at mediation.

Our firm is currently handling several serious automobile collision cases in which our innocent clients were severely and permanently injured by negligent corporations. In the accident cases I am referring to, both of our clients sustained very serious neck and back injuries resulting in numerous surgeries. Medical expenses and lost wages to date have already been substantial. However, because both of our clients are relatively young adults, the big fear is that as the clients grow older, their medical expenses and lost wages will increase. The issue is how to present such evidence to the insurance carrier in order to force them to agree to a reasonable settlement. Failing to achieve such a settlement, the issue then becomes how to demonstrate to a trial jury that the client’s expenses and pain and suffering will continue permanently over time. In short, how do you place a value on these damages? Our experience indicates that the best way to do so is by retaining the services of a Life Care expert.

A Life Care expert is trained to extrapolate from current medical data future medical costs based upon an analysis of the extent of the injury and the extent of medical treatment necessary to provide relief for it in the future. Typically, Life Care experts have training beyond that of other members of the medical profession and have focused on evaluating future medical needs whether it be future needs for rehabilitative or therapeutic services, future needs for medication, possible need for future surgery and the like. By conferring with treating physicians and by analyzing available medical evidence, a Life Care expert can prepare a plan which charts, as reasonable as possible, what is likely to occur over time given the current diagnosis and current medical conditions the client suffers from. Data from other similar cases in the past can support the extrapolations into the future.

The reason Life Care Plans are helpful is because they provide a overview of what the future holds for injured persons. For example, someone who loses a leg traumatically and is forced to have a prosthetic device is likely to require many different prosthetic devices over their lifetime. This is particularly true for a young person. The Life Care expert can calculate these costs over time and can come up with a Life Care Plan for the injured individual which includes consideration of such future medical costs, which would include not only the cost of the prosthetic device, but also therapy, medications and so forth. By extrapolating from present day data future medical costs, the Life Care expert and the Life Care Plan can help counsel represent those who are suffering today will undoubtedly continue to suffer in the future and will require future medical expenses. Depending upon the size of the claim and the kinds of damages involved, an economist might also need to be retained in order to quantify the present cash value of future medical expenses and/or lost wages. Either way, the Life Care expert can be of tremendous assistance in helping counsel convince the insurance carrier for the at fault defendant to pay the reasonable costs not only of damages incurred to date, but also anticipated future medical expenses and lost wages. If such an effort at settlement is unsuccessful, the Life Care expert can assist counsel also in helping to convince a jury that it should include as part of its award future medical expenses and lost wages.

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

Recently, we represented the family of an Atlanta cyclist who was killed when his bicycle struck a copper ground wire which had been pulled loose from a utility pole and was hanging out across a public sidewalk.

The photograph above was taken by Atlanta Police when they arrived at the scene of this tragedy. Given that the utility pole was literally located within 5 inches of Peachtree Street, the grounding wire was likely pulled loose by a passing bus or large truck because it was not secured properly to the pole. Although they are not visible in the photograph, our investigation showed that there were other wires which had been cut and left hanging from the pole and nearby tree.

During our investigation of the case we became aware that in metropolitan Atlanta, there are literally thousands of utility poles with loose wires hanging off of them in close proximity to public sidewalks and roadways. Many of these wires and cables serve no purpose and are there because someone was too lazy to either remove them or secure them in such a way so as not to endanger the public. Now that we are aware of this danger, hardly a day goes by that we do not see example after example of this hazard. The photograph below, taken on June 21, 2010 directly in front of the Dunwoody Library, illustrates the point. This potential hazard has been present for months.

Other recent bicycle cases involved road/bridge construction defects. Two cases involved bridge expansion joints which were left open and created a serious danger to cyclists.

Continue reading "Georgia Bicycle Accidents" »

In a personal injury lawsuit, it is always difficult for the trial lawyer representing the injured victim to talk about money in the context of pain and suffering. How does one fairly compensate an individual who is suffering as a result of the acts of a third party? Someone who is sitting still at a stop sign and who is rear-ended by a commercial truck, for example, and who sustains a broken neck or back is going to be faced with a lifetime of pain and suffering. How does one fairly compensate such an individual with money? This is a difficult determination which juries must wrestle with and which trial lawyers must address in their presentations on behalf of their innocent clients.

One of the things I think about as a trial lawyer is the ridiculous salaries that are paid to sport figures. There is a recent Georgia Tech graduate, whose name will not be repeated here, who is in the NBA that I read in a news article recently who is making over $50 million per year for a NBA team that did not even make the playoffs. This staggering amount of money, obviously, is way too much money for a basketball player, who has no skills other than being able to shoot a basketball. And yet, if I stand up in front of a jury on behalf of someone with a broken neck or back and I were to ask for $50 million, I would be subject to ridicule and scorn even though my client with a broken neck or back might have to live for as long as 40 to 50 years with incredible pain and suffering. While I agree that 40 to50 million dollars is greatly excessive for such a claim, the disconnect comes when one looks at the value of a single year of basketball for a losing team verses 40-50 years of life in suffering for an innocent victim who did nothing wrong.

The good news is that juries are typically comprised of people from the community with a great deal of common sense. Most juries compromise on issues such as this and reach the best decision they can as to what award of compensation would be fair to provide some financial relief for the innocent victim who is subjected to a lifetime of pain and suffering. Obviously, none of us ever want to be in the position of having to ask a jury to give us fair compensation. This is because none of us want to be subjected to a lifetime of pain and suffering. And yet, in modern society, there are those among us who will be injured, through no fault of our own, and who will have to appear before juries asking that they be treated fairly. The great thing about the American judicial system that is as a rule American juries are fair.

As Georgia injury lawyers know, motorcycle accidents often result in serious injuries, which include brain injury and unfortunately sometimes death. Just yesterday, a teenager between the ages of 16 and 17 years old was injured in a motorcycle accident at Highland Park, a 1000 acre motorcycle and all-terrain vehicle (ATV) park in Cedartown, Georgia. Details of the accident are not know at present; however, officials have indicated that the victim has suffered head iinjuries. Redmond EMS requested Cedartown Rescue to assist.

If you or a loved one has been injured in a motorcycle accident, call the Georgia injury lawyers at Finch McCranie, LLP at (800) 228-9159. Our lawyers have been protecting the rights of Georgia injury victims for over 45 years.

As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.

Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother as they crossed Roswell Rd. in Atlanta. Unfortunately the child suffered serious head injuries. Allegedly they were not in a crosswalk but were in the turn lane when they were struck by the car. Georgia law makes it difficult to recover damages for your injuries if you are hit by an automobile and you are not in a crosswalk; however, a motorist still has a duty to maintain a proper lookout and see what can plainly be seen but someone exercising ordinary care. You cannot just run over pedestrians who are in the roadway if you could have and should have discovered their presence and taken evasive action. In any pedestrian case, it is crucial that a thorough investigation be done immediately to document the weather and lighting conditions existing at the time of the accident.

The Georgia injury lawyers at Finch McCranie, LLP have over 40 years experience representing victims of automobile accidents in serious injury or wrongful death claims. If you have been injured or lost a loved one due to an automobile accident, call us to learn about your rights.

A couple of years ago the Georgia Injury Lawyers at Finch McCranie LLP, represented the family of a young boy who fell from a civic center stage to the concrete floor below. Within moments the boy had slipped into a coma. With limited resources, the parents cared for their son in the living room of their home, 24-hours a day. As time went one and the boy ended up back in the hospital, officials there put more and more pressure upon the parents to remove the boy from life support. The parents refused to do so and the young boy eventually died as a result of his brain injury.

The facts of every case are certainly different; however, recent news out of Brussels, Belgium give one pause when it comes to making such a decision now. Recently made public in various newspapers and on internet sites throughout the world is the story of Rom Houben, a 46-year old man who was involved in an automobile accident 26 years ago. Up until 3 years ago, this man was thought to be in a vegetative state, but thanks to new brain scanning technology, they discovered that not only was his brain functioning properly but it was almost operating normally. Doctors used a state-of-the-art scanning system which demonstrated the almost normal brain functioning. Houben said that even though his body was paralyzed and he was unable to communicate, he heard every word that was said in his presence. Dr. Steven Laureys, a neurologist at the University of Liege in Belgium has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. With this new information, the decision to discontinue life support of an accident victim in a coma would be exceedingly difficult for a family.

As Congress debates providing and paying for health care, another huge "cost" must not be forgotten: the cost of medical errors and medical negligence.

According to conservative estimates, 98,000 Americans annually die because of preventable medical negligence. Many more suffer life-changing injuries.

A terrific website, 98,000 Reasons, describes many of these stories of preventable injuries and deaths. Please visit it, as reducing medical errors saves innocent lives, and reduces costs of health care.

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC's five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.

The off-road vehicles, also known as ROVs, generally have four or more low-pressure tires, seat one or more persons, and are intended mainly for recreational use. ROVs have surged in popularity with more than 416,000 in use at the end of 2008 compared with less than 45,000 in 2003. According to the CPSC 181 accidents occurred between 2003 and August of this year, resulting in 152 injuries and 116 deaths.

ROVs aren't subject to the safety standards for longer-established ATVs, or all-terrain vehicles, because of certain design differences. Voluntary safety standards for ATVs became mandatory this year, after a federal product-safety law mandated them.

Many products are governed by voluntary standards set by industry experts. The CPSC sets mandatory standards for products that potentially pose the biggest safety hazards to consumers.

Some consumer-safety advocates blame the ROV accidents on lax regulation by government, claiming it has allowed young people to ride vehicles that are too large and too fast for their safety. Some riders have also alleged poor design, which they say allows certain vehicles to roll over easily.

In April, Yamaha Motor agreed to suspend sales of its Rhino 450, 660 and 700 recreational off-road vehicles, and to offer free modifications to Rhinos already in service, to make them less prone to rollover accidents.

The move followed a CPSC investigation of more than 50 incidents involving Rhino 450 and 660 models that had resulted in 46 driver and passenger deaths. More than two-thirds of the cases involved rollovers, many with unbelted occupants.

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual’s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child’s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child’s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading ramp, killing himself in the process.

Just a month or two ago, here in Atlanta, I read about a news story where one employee at a car dealership was training another employee on how to drive a forklift when the co-worker overran the employee killing him. Here at Finch McCranie, we have represented individuals who were involved in industrial accidents where they were struck by forklifts inside of manufacturing facilities. These cases typically result in very serious personal injuries involving amputations, paralysis or death. Incredibility, my experience in high school is repeated over and over again as oftentimes the operator of these forklifts has been provided little or no training. Today, this is a violation of OSHA regulations. It was not in the 70's and 80's.

Forklifts are very heavy and very dangerous industrial vehicles involved every year in a large number of deaths and serious injuries in the workplace. Many of the injuries and fatalities committed while these vehicles are being operated could have been prevented if the operators had been properly trained and/or had properly protected themselves. Oftentimes, the operators of these vehicles are not wearing seatbelts and/or seatbelts are not even provided for their use. If such a vehicle overturns, because of its weight, the operator can be crushed.

Because many of these industrial accidents are preventable, proper training standards should include specified training, seatbelts, overhead protective devices, alarms and proper maintenance of these forklift trucks. If these dangerous vehicles are not properly maintained and/or the operator is not properly trained, serious accidents are foreseeable.

One reason the public may not be as aware of these types of accidents is because they are typically covered by workers’ compensation where lawsuits are not involved. If one employee injuries a co-employee, the claim is covered by workers’ compensation laws not by liability statutes. However, our firm has been involved in cases where a forklift driver injured a third party, not a co-employee, such as a truck driver or another person present on a plant’s premises when the forklift was being operated. In such cases, litigation oftentimes ensues, again, because the injuries are very serious and the victim typically is permanently disabled and unable to work again. Lawsuits can be a determent to other claims but this provides little comfort for the victim, as we have seen in the past.

If one goes on any search engine one will find the term “forklift accidents” to be somewhat ubiquitous. This is proof in and of itself that these heavy industrial machines are capable of inflicting serious injury and wrongful death if not properly operated. Regrettably, based on the number of these industrial accidents each year, we anticipate that third parties will continue to be injured by these dangerous instrumentalities at an ever increasing pace until and unless there is a greater state or federal penalty for failing to properly train the operators of these machines. OSHA penalties are typically small. Therefore, the biggest financial penalty that can be imposed as a determent may be a lawsuit and jury verdict.

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.

Never ride under the influence of alcohol or other drugs.

Never carry a passenger on a single-rider ATV.

Ride an ATV that’s right for your age.

Supervise riders younger than 16; ATVs are not toys or baby-sitters.

Ride only on designated trails and at a safe speed.

Take an ATV RiderCourse; visit www.atvsafety.org or call (800) 887-2887.

In my experience, one of the most violated guidelines involves riding passengers. Over and over I read about children riding other children on the back of a single rider ATV. This is extremely dangerous and it is a parent’s responsibility to make sure that it does not occur. A parent who provides an ATV to a child and fails to supervise the child’s operation of it can be held liable in damages for the death of another person who is injured or killed in an accident. If you or a loved one have been seriously injured by someone negligently operating an ATV, call one of the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.

Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.

If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.

Georgia and South Carolina injury lawyers are seeing ATV accidents involving serious injury and sometimes death are on the rise with the return of warm weather. Tragically many, if not most are preventable by using common sense and obeying ATV rules. Just this week, I read about a Summerville, South Carolina teenager who is fighting for her life as a result of being thrown from the back of a fast moving ATV. According to witnesses, neither the 32 year old ATV driver or the teenage passenger were wearing helmuts.

Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. As demonstrated by the tragic accident involving the South Carolina teen, serious injuries can result from riding as a passenger on the back of an ATV. Adults who operate an ATV in violation of the rules potentially subject themselves to civil liability for their negligence, if someone is seriously injured or killed as a result of their negligence. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie, LLP at 1 (800) 228-9159.

Our Atlanta based lawyers are constantly involved in cases involving brain injury and brain death. As tragic as these cases are, the families and loved ones are many times faced with the decision whether to cease life support after there has been a medical determination of brain death.

In general, brain death is considered to be the irreversible loss of brain function. The exact definition has changed throughout the years and is still subject to debate. The brainstem controls brain function and is responsible for regulating breathing, heart rate, reflexes, withdrawal from pain. Thus, diagnosing brain death requires the absence of brainstem function.

Most states have adopted a version of the Uniform Determination of Death Act thereby establishing a definition of brain death. The Uniform Act defines brain death as follows:
Determination of Death. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

The Georgia legislature has enacted O.C.G.A. §31-10-16 which defines brain death as folows:
(a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death

Brain death is usually determined in the Intensive Care Unit of a hospital or in the Emergency Department. The determination usually involves three steps. First, unconsciousness is verified. To do this, a Glasgow score of 3 is required. The Glasgow scale is neurological scale which aims to give a reliable, objective way of recording the conscious state of a person, for initial as well as continuing assessment. Secondly, the patient is clinically checked for brainstem reflexes. If all brainstem reflexes are absent the third and last step is taken. This is the performing of an apnea test. Apnea is the cessation of breathing. This test is to ensure that the patient has no drive to breathe and confirms brain death.

The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.

To prevent injuries, the following procedures are recommended when using grinding wheels:

* Check the wheel before each use for any cracks or chips. If any are found, discard
and replace with a new wheel.

* Perform a ring test. Wipe the wheel clean. Hold the wheel through the center hole with one finger. Using the plastic end (not rubber coated) of a screwdriver, tap the wheel on side. If it gives a metallic ring, the wheel is fine. If it is cracked, it will give a dull ring, or no ring at all.

* Always adjust the tool rest to sit no more than one-eighth (1/8) of an inch from the wheel. If it cannot be adjusted to sit at that width, the wheel is probably worn and should be replaced.

* Follow manufacturer’s instructions on replacing a wheel.

* Make sure that the new grinding wheel is rated to operate at the maximum speed of the grinder. Do not surpass the maximum speed.

* When beginning grinding, do not grind on a “cold” wheel. Apply the work gradually to “warm up” the wheel.

* Always wear the proper personal protective equipment: safety glasses/face shield, gloves, aprons.

* Use the guard at all times, no matter how small the job. Never alter or remove the guard.

* Before using a new wheel, turn it on, stand to the side, and watch for any abnormalities. It is recommended that a user allow the grinder to run for a minute before beginning to grind.

If you or a loved one has been seriously injured as a result of a grinding wheel failure, it is critically important to preserve whatever evidence is available. Accordingly, not only should the tool itself be preserved for inspection but also all of the fragments of the grinding wheel should be collected and kept so that they can be analyzed by an expert. As always, the product liability lawyers at Finch McCranie, LLP stand ready to consult with you about dangerous products.

Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and inhalation of toxic materials, including dust and silica.

Exploding grinding wheels pose a very serious risk to users. For instance, the United States Department of Labor published “A Partial List of Accidents Involving Grinders” for the period of 1990 through 1997. Out of 27 accidents, 7 of them resulted in death as a result of the victim being struck by pieces of a disintegrating grinding wheel.

In terms of grind wheel safety, there are several things to keep in mind.

* Grinding wheels have a shelf life and you should use grinding wheels within two (2) years of their manufacture date.

* Improper mounting of the wheel to the tool can cause the wheel to break.

* Using a wheel at a speed greater than that for which it was designed can lead to failure.

* Personal Protection Equipment should ALWAYS be used when using a grinder.

It is thought that one reason for the number of grinding wheel failures may be that many of them may now involve imported and inferior wheels. If you or a loved one has been seriously injured as a result of an exploding or disintegrating grinding wheel it is critically important to preserve as much of the evidence as possible, including the tool itself and the wheel fragments. The product liability lawyers at at Finch McCranie, LLP will be happy to consult with you about the case.

Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.

If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate new cars for safety, they have no such system for child car seats. Making matters more difficult, a child restraint that performs well in one vehicle may perform poorly in another because it doesn't fit snugly in that back seat.

Secretary LaHood’s action comes after the Chicago Tribune revealed that nearly half of all infant restraints failed catastrophically or exceeded injury limits when federal contractors strapped them into the back seats of model-2008 vehicles and crashed those cars and trucks into walls at 35 m.p.h.. NHTSA used those tests to rate the safety of the cars, not the child restraints in them.

At LaHood's insistence, the NHTSA child seat crash-test results -- including reports, video and photos -- are posted online.

European regulators require automakers to include child seats in their crash tests of new cars. The safety rating for those European vehicles is based in part on how they protect children. LaHood held up the European system as a model.

LaHood said he would push for a voluntary system. The secretary said he also ordered NHTSA to institute stringent safety standards for child seats in side-impact crashes, which account for one third of infant highway deaths.

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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