Wrongful Death

Published on: March 18, 2013

Truck Underride Guards May Not Protect Against Accident Injuries

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.

Published on: December 16, 2011

Wrongful Death of Police Officer in DeKalb County Wrong Way Driving Car Accident

by Robert N. Katz, Esq.

A police officer was killed, and another person suffered personal injury in a car accident that police are now blaming on a wrong way driver.The crash occurred on westbound interstate-20 early in the morning.

According to DeKalb police, the driver of a westbound vehicle crashed into a sports utility vehicle that was traveling eastbound in the westbound lanes.The driver of the westbound car sustained fatal injuries in the crash.The wrong way driver also suffered injuries in the auto accident.

Investigations into the car accident have begun, and investigators now believe that the driver of the sport-utility vehicle was traveling in the wrong direction.These investigations are likely to also include blood-alcohol tests to determine if the driver was driving under the influence of alcohol.

Published on: October 14, 2011

Woman Killed in Henry County Car Accident

by Robert N. Katz, Esq.

A woman was killed and her five-year-old son suffered a personal injury in a car accident in Henry County last week.The accident occurred on Georgia Highway 20 near McDonough.According to police, a Chrysler station wagon crossed the centerline, and crashed into a Chevrolet Silverado being driven by the victim.The woman sustained massive injuries, and was rushed to the hospital, but succumbed to injuries later.Her five-year-old child was in the backseat, and also suffered injuries in the auto accident. Given how the accident unfolded, a wrongful death and personal injury claim appear likely.

The driver of the station wagon suffered injuries, and was taken to the Atlanta Medical Center.Police are still trying to determine whether to press charges against her. Georgia’s laws allow survivors of victims of a car accident to file a claim for wrongful deathdamages.Under Georgia’s laws, only certain individuals can file a wrongful death claim for monetary damages.For instance, in the case of an adult victim, his spouse and children have the right to pursue a wrongful death claim, but the spouse controls the any lawsuit.However, when the deceased is a child, the parents have the right to file a claim.When a person dies in a car accident and does not leave behind parents, spouse or children, then his estate has the right to file a wrongful death claim against the motorist responsible for the accident.

In addition to a wrongful death claim, the heirs may also pursue a separate “estate claim.” A wrongful death claim allows a person to recover for the full value of someone’s life, while an estate claim permits the estate to recover for economic losses such as medical expenses and funeral bills as well as for pain and suffering.In some cases, an “estate claim” may also include a claim for punitive damages.Punitive damages are awarded in rare circumstances where the defendant has been found to have acted intentionally, willfully or with a conscious disregard for the consequences of their conduct. Most punitive damage claims fall in this last category.

Published on: October 9, 2011

Atlanta Lawyer Sentenced in Drunk Driving Accident

by Robert N. Katz, Esq.

A former Atlanta lawyer, who was involved in a deadly drunk driving accident that killed one person, has been sentenced to 25 years in prison. Car accidents of this nature often end tragically with a severe personal injury or wrongful death. Of course, this particular accident was clearly preventable and should never have occurred.

The accident occurred on October 1, 2006 when the man ran a red light and crashed into a taxicab. The crash killed a thirty-one-year-old woman and left two men severely injured.The victim left behind a three-year-old daughter and a seven-year-old son.

The lawyer pleaded guilty to vehicular homicide and serious injury by vehicle while driving under the influence.It later emerged that he had four prior DUI offenses on his record.In fact, on the day of the accident, he was on probation from a previous DUI, and had been ordered not to drive.