Wrongful Death

Published on: August 11, 2014

Georgia GHSA Spotlights Heat Strokes in Cars

A growing number of incidents across the country in which young children have died after being left inside a hot car have shocked child safety advocates and parents. In Georgia, state agencies are trying to draw attention to the fact that over the next few weeks, children in Atlanta and across the State are going to be at an increased risk of dying from such preventable incidents.

The Georgia Governor’s Office of Highway Safety recently joined the National Highway Traffic Safety Administration (NHTSA) to mark National Heat Stroke Prevention Day. The goal was to increase awareness about the fact that any parent is at risk of making these dangerous mistakes. According to the NHTSA, more than 50% of all car- related heatstroke fatalities involving children are caused when a parent or caregiver unintentionally leaves a child behind in the car. In 29% of the cases, the child manages to get inside the car on his or her own, and is unable to get himself out.

This year alone, there have been 17 child fatalities from heatstroke. There is no doubt that these tragedies were all preventable. While calls for technology that could help alert parents when their children are in the backseats before they get in the car are increasing, there is no doubt that this is a problem that can be avoided by taking simple steps.

Published on: June 12, 2014

Prevent Swimming Pool Accidents This Summer

by Robert N. Katz, Esq.

Some of the most common accidents that result in premises liability lawsuits are drowning and swimming pool accidents that occur at private homes. Drownings involving pools, hot tubs and spas claim hundreds of lives every year, many of them children.According to the Consumer Product Safety Commission (CPSC), more than 3/4 of drowning accidents involve children below the age of five. The CPSC estimates that children between the age of one and five account for 67% of all fatalities in swimming accidents and 64% of all injuries.

This summer, as more families head out for fun in the water the risk of drowning accidents increases. In fact, among children below the age of five, drowning happens to be the single biggest cause of accidental death. Unfortunately, the fact is that many of these accidents occur even in the presence of parents and caregivers at the scene.There was recently a very tragic story in the news about a child who drowned while family and friends were singing happy birthday to another guest.

This summer, make pool safety a priority for your family. Swimming lessons are a great place to start. The American Academy of Pediatrics recommends that children below the age of five take swimming lessons.Besides teaching your children to swim, it’s also important to make sure that your pool is safe not only for your children, but also visiting children who may have gathered at your home to have fun this summer. Installing a fence around your pool, which is required by Georgia law, is one of the best things you can do for safety. And those fences need to be a minimum of 5 feet tall, have locking gates that swing outward, and have a certain amount of space between rails.

Published on: July 12, 2013

Significant Drop in Georgia Workplace Fatalities

by Robert N. Katz, Esq.

Last year, there was a significant drop in the number of workers killed in accidents and worksites across Georgia.In 2012, there was a 23% drop in workplace deaths compared to the previous year.

The data was released by the Occupational Safety and Health Administration.In 2012, there were a total of 33 workplace fatalities across the state.Just two weeks ago, the Georgia Department of Labor had estimated the number of fatalities at Georgia worksites at 30, and new figures by the Occupational Safety and Health Administration now peg the final number at 33.That number is still significantly lower than the 43 fatalities that were recorded in 2011.This is good news to all Georgians, and also our Atlanta workers comp attorneys.

Out of the workplace fatalities that occurred in Georgia last year, 13 occurred in the construction sector, which invariably contributes to the highest number of workplace fatalities every year.The remaining fatalities included 16 deaths in the general industry, one in the maritime trade industry, and three in the agricultural sector.

Published on: March 18, 2013

Truck Underride Guards May Not Protect Against Accident Injuries

by Robert N. Katz, Esq.

The angle of a passenger vehicle that is involved in a rear ender accident with a tractor-trailer could mean the difference between life and death for the occupants of the vehicle.This is because the underride guards that are located at the back of the tractor-trailer to protect the occupants of the passenger vehicle from serious injuries when it hits a truck don’t perform so well in many situations.

The study was conducted by the Insurance Institute for Highway Safety, which found that the underride guards located on the back of tractor-trailers, don’t always perform as well as expected in reducing the risk to passenger car occupants.

In some situations, these underride guards did a fairly good job.In the Insurance Institute for Highway Safety study, the researchers found that when the full width of the car hit the center of the trailer, the underride guards in all trucks prevented the front portion of the passenger vehicle from sliding under the tractor-trailer.A situation like this can mean almost instantaneous death for the occupants of a passenger vehicle, who may suffer serious head or neck injuries, or even decapitation.

Published on: December 17, 2012

Georgia Officials Warn of Increase in Car Accident Fatality Numbers in 2012

by Robert N. Katz, Esq.

Georgia state officials are warning about a possible increase in the number of auto accident-related fatalities for this calendar year.The numbers are expected to rise in 2012, which will be the first time the state has seen an increase in more than 5 years.

The Commissioner of Georgia’s Department of Public Safety recently announced that there has been a spike in traffic accident fatalities in the state this year.According to statistics, the state has already surpassed the accident fatality toll during the same period of time last year.

What is even more concerning to our car accident attorneys is that we are still in mid-December, and have not yet started the busiest travel season of the year.As we approach Christmas and New Year’s, there will certainly be more motorists on the road.And unfortunately, too large a percentage of these motorists will be driving under the influence of alcohol or drugs.Others will be speeding to get to their destination or party on time, and texting while driving remains a big problem in Georgia and across the country.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Published on: February 3, 2012

Decline in Georgia Car Accident Deaths in 2010

by Robert N. Katz, Esq.

Car accident death rates in Georgia seem to have mirrored the nationwide drop in traffic accident deaths in the year 2010.Highway safety officials in Georgia recorded a substantial drop in accident fatalities in the state for the 5th successive year. Most personal injury lawyers have not really seen that significant level of a drop in their wrongful death cases. That is likely due to the fact the decrease has come through improvement of roadways. Very few wrongful death cases caused by roadway defects are actually litigated.

According to the National Highway Traffic Safety Administration and the Georgia Department of Transportation, a total of 1,244 people died in car accidents in Georgia last year.That was a drop of 3.7% from the previous year, or 48 fewer fatalities.In 2009, the number of people killed in auto accidents was 1,292.The number has been dropping steadily since 2006.

To understand the kind of progress that has been made in keeping motorists safe on Georgia roads, consider this – in 2005, there were 1,744 deaths in traffic accidents in Georgia, compared to 1,244 in 2010.In just 5 years, transportation safety agencies and law enforcement in Georgia have been able to reduce the number of people being killed in preventable traffic accidents.

Published on: January 5, 2012

Family of Student Who Committed Suicide Settles Wrongful Death Lawsuit against Virginia Tech

by Robert N. Katz, Esq.

The family of a Virginia Tech student who committed suicide has reached asettlement of a wrongful death lawsuit against the university.The state of Virginia has agreed to settle the lawsuit by paying $200,000 to the family of Daniel Sun Kim.The state will also establish a scholarship fund of $100,000 in his name.The settlement includes more than $100,000 in attorney fees.The family had initially claimed $4 million in their wrongful death lawsuit.

Additionally, Virginia Tech will also place a memorial plaque honoring Daniel Sun Kim somewhere on campus.The university will also enact a policy that will require that parents and guardians of students who are considered to be suicidal, be informed of this. As part of the settlement, the University does not admit any wrongdoing in Kim’s death.

As a wrongful death attorney, I recognize that the amount is not substantial relative to the loss suffered by the family. It is likely the family decided that the non-monetary portion of the settlement (ie: change in policy, scholarship fund and plaque honoring their son) allowed for a more appropriate conclusion of the case. I very much respect and applaud their decision. The change in the policy of the university will likely save lives of students in the future. It is unfortunate that the university did not choose to also provide the family with a more appropriate level of financial compensation for their loss rather than only implementing a policy that should have already been in effect for the safety of their students.

Published on: January 2, 2012

Woman Killed in Douglas County Car Accident

by Robert N. Katz, Esq.

A woman has been confirmed dead, and at least four other people, including a child, suffered personal injuries in an auto accident in Douglas County.

According to police, the head-on car accident occurred on Wednesday afternoon when a Chevrolet Malibu crashed into a Ford Focus.Police say that the Malibu suddenly crossed the centerline, sideswiped a pickup truck and then crashed into the Focus.The driver of the Ford Focus was killed in the accident.The driver of the Malibu sustained personal injuries, and was taken to the hospital.There were two adults and a toddler in the Focus, and they were injured too.

Often, when a car veers across the centerline, or off the lane, it’s usually the result of distracted driving or inattention behind the wheel.Atlanta car accident lawyers expect to see more such accidents caused by inattention as students get back to school and their parents are trying to manage their ever busier lives.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.