You may already be familiar with the concept of a wrongful death action that can arise when the family of a loved one files a lawsuit against an individual or company that caused the death or contributed to it. In Georgia, those allowed to bring a wrongful death lawsuit including the spouse of the decedent or, if there is no spouse then the children of the decedent; if neither a surviving spouse or children exist, then the parents of the decedent can bring the wrongful death lawsuit. There is a second, related cause of action to wrongful death that you may be less familiar with, survival action. This is a lawsuit that is also brought in connection with the death of a loved one, based on the concept that he or she would have had a cause of action had he or she survived. A key distinction between a wrongful death…

It is an unfortunate truth that sometimes a personal injury which results from the act of someone else is something that your loved one never recovers from. It may take days, weeks, months or longer, but serious injuries can become fatal ones. Losing someone in your family is hard enough to cope with; losing that person because of the act of someone else is harder still. What can make matters even worse is when the consequences of your loss start making themselves felt: medical expenses and funeral expenses can be just the beginning. What if your loved one was key to your family’s ability to earn a living? You were counting on his or her ability to sustain your household, and now that is gone, too. We at the Dozier Law Firm know very well, based on our nearly 50 years of experience with helping our Georgia clients to recover…

Wrongful death actions are fact-specific to every case. It is the role of a personal injury attorney to match the facts of your loved one's death to the cause of action elements so as to present the most effective case for either settlement or proof at trial, so an important consideration on your part would be to retain a law firm with experience in negotiating and litigating wrongful death cases If a loved one of yours dies as the result of the negligent or intentional act of someone else, then under Georgia law you may be able to commence a wrongful death lawsuit against that person. Wrongful death actions are a species of tort, and generally have the following requirements for the plaintiff to prove: As mentioned above, the death of the family member must be caused by a negligent or intentional act. You must be a surviving family member. Under Georgia…

A Georgia man is dead after a vehicle crashed into a building in Fulton County on Feb. 14. The driver of the vehicle left the scene but was apprehended later. Sandy Springs police reported the suspect in the fatal accident is facing charges of vehicular homicide in the first degree. In addition, the man is charged with felony leaving the scene of an accident. According to a representative of the police in Sandy Springs, the man who died, a resident of Jonesboro, was in a building that was described as a local car wash in the 6000 block of Roswell Road when he was struck. A Ford Mustang that went out of control hit the building. The driver of the Ford Mustang allegedly left the accident site. He was later found at an apartment complex where police apprehended him. The individual in the building was taken to an Atlanta hospital.…

The Georgia State Police report that on Oct. 9, a four-vehicle accident in Conyers claimed the life of one person, and two other individuals who were involved were hospitalized for unknown injuries. One of the injured victims, a deputy, was reportedly pursuing the wrong-way driver at the time of the crash. According to the report, the chain-reaction collision transpired at the intersection of Old Covington Highway and Sigman Road in Rockdale County around 11:30 p.m. when a woman driving a Hyundai Santa Fe in the wrong direction on Sigman Road smashed into a black Kia. The force of the impact caused the Kia to crash into a pickup truck, at which point both cars and the truck collided with a fourth vehicle belonging to the deputy who had been chasing the wrong-way driver. The woman driving the Kia was instantly killed in the initial collision with the Santa Fe and…

A man was killed in Atlanta on the morning of August 31 when his vehicle was hit by a suspected drunk driver as he was driving home. According to authorities, his car was hit head-on at the intersection of Neal Street NW and Joseph E. Lowery Street by a car operated by a 41-year-old woman. The woman was headed north on Neal when the collision took place. She was charged with first-degree homicide by vehicle, driving under the influence of alcohol, improper turn and reckless driving. As evidenced by this incident, alcohol sometimes plays a role in fatal accidents. Other factors in fatal accidents might include distracted driving, from the use of a cellphone for talking or texting, reckless driving and road and weather conditions. While some of these factors are out of a driver's control, some, such as speeding and using a cellphone, can be used to show that a…

A 400m runner who took part in the IAAF World Relays in the Bahamas on May 24 died in a car accident on the morning of July 28, authorities reported. According to the report, the 25-year-old University of Georgia track star helped the U.S. win the event and earned a gold medal for his performance. The accident took place on Interstate 75 near Cordele. According to the report, the man's vehicle blew a tire while he was traveling in the middle lane. He reportedly stopped and exited his vehicle before calling for help. Just before 1:45 a.m., a semitrailer collided with the runner's vehicle. The impact of the collision knocked the disabled vehicle into him. Authorities did not release the name of the truck driver who caused the accident. Additionally, it was not known if the authorities planned to file charges against the driver of the truck for his or…

A 50-year-old woman is dead and a 43-year-old man faces criminal charges after a two-vehicle accident in Richmond County on July 17. According to the Richmond County Sheriff's Office, the fatal car accident occurred around 7 p.m. when the man's vehicle, a red Dodge Magnum, struck the woman's Suzuki Grand Vitara as she attempted to turn from Faircrest Avenue onto Peach Orchard Road. Deputies reported that the man was speeding prior to the crash. An ambulance transported the victim to a local hospital where she was pronounced dead at approximately 7:42 p.m. An autopsy was performed the following day in Atlanta. Law enforcement officials charged the driver of the Dodge with first-degree vehicular homicide, reckless driving, and driving under the influence. Deputies said that witnesses told them he may have been racing when the accident happened. The news source did not report the level at which his blood alcohol content…

Unfortunately, residents of Macon know as well as anyone else that accidents happen everywhere without warning. Sometimes, fatal accidents can occur as well, which is a tragedy that could potentially end in jail time for some depending on the situation. Accidents involving children can be some of the most heartbreaking ones to read, especially if the fatal accident is a result of potential negligence. This may be the cause with one woman who has recently been accused and charged of child neglect and endangerment and second degree manslaughter in addition to other drug-related charges such as allowing ingestion of meth with a child and storing meth near a child. Reportedly, the woman’s 7 week old daughter fell off of the bed after the woman got up to feed her and fell asleep. She then suffocated face-down on the floor, according to police reports. While police were investigating, it was also revealed…

Most people trust their doctors. They trust that they have been educated, trained and licensed by the state of Georgia, and that their medical procedure will be handled safely with the appropriate level of care. When something goes wrong, we would like to think that the authorities would respond to complaints, investigate, and, if necessary, discipline those responsible. This week marks the one-year anniversary of the death of a woman at a Kennesaw medical clinic. She was having a liposuction procedure. During the procedure, she began to complain that she felt "tearing and burning." According to employees of the clinic, who were present during the procedure, a rag was placed in her mouth to keep her quiet. The medical examiner found perforations in her diaphragm and puncture wounds in her liver. How has the Georgia Medical Board dealt with what appears to be wrongful death of this patient? Her family notes that…