Wrongful Death

Published on: March 10, 2020

Fall-Related Deaths on the Rise

In a disturbing trend, federal agencies are recording an increase in the number of people killed in fall accidents across the U.S. According to new data released by the Centers for Disease Control and Prevention, and based on statistics from all states, there has been an alarming spike in fall-related fatalities.

Between 2008 and 2017, according to the data, there was a 17 percent increase in the number of deaths that occurred as a result of slip and fall accidents and other types of falls. The rate grew from 3.86 per 100,000 in 2008 to 4.52 per 100,000 people. In 2008, 12,311 fatalities were linked to fall accidents. That number spiked to 17,408 in 2017.

Almost all demographics recorded an increase in fall-related deaths during this period of time. However, the rise was particularly significant in certain groups such as people in rural areas and senior citizens above the age of 75.

Published on: January 7, 2019

Traffic Fatalities Nationwide Show Downward Trend

by Robert N. Katz, Esq.

The DOT’s National Highway and Traffic Safety Administration recently announced some welcome news for motorists, pedestrians, motorcyclists and bicyclists around the country – traffic accident fatalities for 2017 were down by 2 percent. This decline followed two prior years of large increases. The decline in fatalities also continued for the first half of 2018.

Overall, according to data from the Department of Transportation, a total of 37,133 people died in traffic accidents across the country in 2017. That was a decrease of 2 percent from the previous year. This was also in stark contrast to the 6.5 percent increase in fatalities from 2015 to 2016 and the 8.4 percent increase from 2014 to 2015. The trend also appears to have carried over into Georgia as total traffic deaths on Georgia roadways decreased in 2017 after two large years of increases in 2015 and 2016.

The data has more good news. It shows a 2 percent decrease in pedestrian fatalities. This was a traffic safety area that had been a huge source of concern for safety advocates because of the increase in pedestrian accident fatalities over the past several years. In 2017, federal authorities recorded the first decline in pedestrian accident fatalities since 2013, and that is welcome news indeed.

Published on: June 15, 2018

How Quickly do You Have to File a Wrongful Death Claim?

by Robert N. Katz, Esq.

A wrongful death claim can help offset many of the financial damages caused by the death of a family member. In the state of Georgia, it is also important to file the claim timely before the deadline passes. This is one of the main reasons you should consult with an attorney soon after the accident to protect all of your legal rights.

Wrongful death claims can help family members and survivors recover compensation for the loss of the decedent’s income, loss of future earning and other damages like loss of affection, loss of parental guidance, and loss of consortium, as in the case of the death of a spouse.

A wrongful death claim can arise when a death has occurred as the result of the negligence of another. Examples can be claims that are filed after deaths in car or motorcycle crashes, deaths in slip and fall accidents, or deaths that occur as a result of the use of a defective product. The statute of limitations may differ depending on the circumstances of the incident that has occurred.

Published on: April 26, 2017

Work Zone Awareness Week in Georgia

by Robert N. Katz, Esq.

Earlier this month, Georgia officials joined hands with the Federal Highway Administration, OSHA, and various other local organizations to mark National Work Zone Awareness Week.

Using the slogan Work Zone Safety Is In Your Hands, this year’s National Work Zone Awareness Week aimed at educating construction workers about staying safe when in a zone, and encouraging motorists to be more careful when they travel through these areas. Across Georgia, special safety stand-down events were conducted at work zone sites. These events encouraged employers to halt work across construction sites for one hour to pay special attention to safety practices at their construction sites. Employers used the hour to review safety practices currently in place, and to discuss potential hazards that continued to pose a safety risk to workers.

National Work Zone Awareness Week is designed to bring attention to the safety of not just construction workers in these zones, but also motorists who are traveling through these areas. Accidents that occur at construction work zones often result in serious injuries or death.

Published on: October 31, 2016

Filing a Wrongful Death Claim in Georgia

by Robert N. Katz, Esq.

Georgia’s laws clearly define eligibility criteria for a wrongful death claim. The laws also define the statute of limitations for filing a claim and allow for several different types of damages to be recovered.

Under Georgia law, the spouse of the deceased has the first claim to damages. If the spouse isn’t available, the children may file a wrongful death claim. If there are no children available to file a claim either, surviving parents of the deceased may bring a claim. If none of these parties are available to file a claim, the personal representative of the deceased’s estate can file a wrongful death claim to recover damages.

Under Georgia’s wrongful death laws, the survivors of the deceased / personal representative of the deceased’s estate can file to recover the following types of damages.

Published on: October 9, 2016

Motorcycle Accident Fatalities Increased by 10% in 2015

by Robert N. Katz, Esq.

Alarming statistics indicate that the rate of motorcycle accident fatalities in the United States in 2015 actually increased by 10% over the previous year.

The statistics were contained in a report released by the Governors Highway Safety Association (GHSA). According to the GHSA, the statistics are a very stark and clear reminder of the continuous and ongoing danger that motorcyclists face when they are riding on American roadways.

According to the statistics, there were a total of 5,010 motorcycle accident fatalities in 2015. There were 450 fewer fatalities in 2014. Overall, 2015 also marked only the third year in American history that the total number of motorcycle accident fatalities crossed the 5,000 mark.

Published on: July 8, 2016

Medical Errors Third Leading Cause of Death in United States

by Robert N. Katz, Esq.

Medical errors rank third, just behind heart disease and cancer as a leading cause of death in the United States. Those findings come from a new study by researchers at Johns Hopkins University.

According to the study, patients who suffer injuries as the result of a medical error are much more likely to die, compared to persons who suffer from respiratory diseases like bronchitis and emphysema. The tragedy is that people may take precautions in order to prevent contracting bronchitis and emphysema, or any other diseases that could result in death, but may not realize that they have a much higher chance of dying from a medical error.

The study estimates that more than 250,000 U.S. deaths every year can be traced to medical errors. There are a number of medical errors that could injure or kill a patient. Misdiagnosis or delayed diagnosis, overmedication and other types of medical errors are often serious enough to cause a patient’s death.

Published on: June 20, 2016

Troubling Increase in Motorcycle Accident Fatalities

by Robert N. Katz, Esq.

U.S. authorities are reporting a disturbing 10% increase in the number of people killed in motorcycle accidents across the country in 2015. Those statistics come from the Governors Highway Safety Association, which blames alcohol and drug use, higher speed limits, and an increase in the number of states repealing motorcycle helmet laws for this increase in fatalities.

According to the statistics, there were 5,010 motorcycle fatalities in 2015. That suggests an increase of 450 fatalities compared to the previous year. What makes these numbers even more alarming is that it is only the third year in American history in which the number of motorcycle fatalities has crossed the 5,000 mark.

The GHSA believes that enacting universal helmet laws would do much to help reduce the number of fatalities in motorcycle accidents every year. Currently, 32 states have no universal helmet use laws. The Governors Highway Safety Association believes that restoring these laws would be a highly effective way of reducing the number of fatalities. In states that have such universal helmet laws, the rate of helmet use is as much as 89%. In other states, the rates hover at about 48%.

Published on: November 26, 2015

Black Friday Injuries and Deaths

by Robert N. Katz, Esq.

We call it “Black Friday” because it’s traditionally the day when retailers move their accounting ledgers from red ink (deficits) to black ink (profits).

Increasingly, though, America’s biggest shopping day is becoming “Black-and-Blue Friday,” as scores of innocent consumers find themselves seriously injured while out and about. Some have even died.

The Internet is catching on to the disturbing trend. BlackFridayDeathCount.com is as macabre as it is blunt, but the website, which tracks the number of injuries and deaths reported since 2006, has gained a lot of attention over the last few years.

Published on: August 19, 2015

Take Precautions to Prevent Heat Stroke-Related Child Fatalities

by Robert N. Katz, Esq.

Parents, caregivers and the community at large all have a role to play in helping prevent heat stroke-related fatalities involving children left behind in cars during summer.

Those fatalities are already at record numbers in 2015. So far this year, there have been 11 fatalities involving children who were left behind in heated cars, by parents or caregivers. Recently, the National Highway Traffic Safety Administration (NHTSA) and Safe Kids Worldwide commemorated National Heat Stroke Prevention Day, and the agency specifically focused on parents and caregivers, asking them to take precautions to prevent such fatalities in vehicles.

NHTSA has also released a new technical report that would help auto manufacturers in the development of appropriate technologies to help prevent such fatalities. There is no doubt that there is much that manufacturers can do to help prevent such needless fatalities every year. From warning systems to alarms and special child car seats, manufacturers are already working on, or have introduced technology to help parents prevent such fatalities. These devices however, are intended for use as add-ons, and their effectiveness is currently being debated.