Email 

The medical experience & legal expertise your case needs...                                              
                                                        the respect & compassion your case deserves

 
 
Home About Areas of Practice Results Resources Blog Contact
 
 

Macon, GA Wrongful Death Lawyer
 

How does Georgia's wrongful death law work?

P

osted on Friday, July 3, 2015.

In the event that a loved one dies as a result of the act of another, whether that be negligent or intentional, the state of Georgia allows for the possibility of recovering damages from the person responsible under the auspices of its wrongful death statute. This post will offer an introduction to how the wrongful death statute works.

One of the first considerations in any wrongful death claim is who is entitled to file the lawsuit. In some states, for example, this right is reserved to the administrator of the decedent's estate. But in Georgia, the surviving spouse of the decedent or his or her children may bring such an action in civil court. The spouse will usually be the first one given an opportunity to file a claim, but if he or she does not do so then any surviving children can take up the claim, unless the surviving spouse reaches a settlement with or otherwise defendant.

Any monetary settlement or damages award is to be distributed among the surviving spouse and children, with each taking an equal share subject to the requirement that the spouse is no less than one third of the settlement or award. Some special considerations to bear in mind under the wrongful death statute are:

If the spouse dies before the conclusion of a wrongful death lawsuit, the cause of action does not go away but rather passes to the children. Likewise, if any of the surviving children files the wrongful death lawsuit and dies, the cause of action to the other surviving children.

If the decedent left behind any debts or liabilities, the award of damages under a wrongful death lawsuit is not subject to being used to repay those debts or liabilities.

The purpose of this post is to provide a brief introduction to the topic of wrongful death law. It is not meant to be a comprehensive treatment of the topic, nor should you read it as legal advice. If you have any specific questions concerning a possible wrongful death claim, you should consult with a personal injury attorney experienced with wrongful death matters.
 


Dinner killed when van plows into Buffalo Wild Wings

Posted on Wednesday, February 11, 2015.

A Georgia man was killed and a woman was injured when a van crashed through the front of a Buffalo Wild Wings Grill and Bar in Kennesaw on Feb. 6. The accident happened at approximately 4:30 p.m. on Barrett Parkway.

According to Cobb County Police, a 67-year-old Woodstock woman was attempting to park her white 2014 Chrysler van when the vehicle jumped over the curb and crashed into the front of the establishment, striking two people inside. A 19-year-old McDonough man who was eating dinner in the restaurant became trapped beneath the van. He suffered critical injuries and was transported to a local hospital where he later died. A 22-year-old female employee from Marietta was taken to Wellstar Kennestone Hospital with non-life-threatening injuries. The Chrysler driver was not injured.

Witnesses said the van's driver appeared disoriented after the crash. The Traffic Fatality Investigation Unit is trying to determine why she lost control of her vehicle. They said charges may be filed against her. The accident remains under investigation.

When a family loses a loved one in a fatal car accident, they may wish to consult with an attorney. On top of the emotional loss they have suffered, a victim's family could face tremendous financial hardship in the form of medical bills, funeral and burial costs, and lost income. With the help of an attorney, the victim's family could file a wrongful death lawsuit against the party responsible for the accident. If the suit is successful, they may be able to obtain financial compensation for economic and non-economic losses, including medical expenses, loss of companionship and pain and suffering before death.
 


Wrong-way accident kills 2, and injures 2 others in Georgia

P

osted on Monday, October 20, 2014.

On Oct. 17, a wrong-way driver on Interstate 75 allegedly caused a two-car collision. The 51-year-old woman was reported to have been traveling north in the southbound lanes of I-75 in a 2003 Chevrolet Malibu, according to Henry County police. At mile marker 219, she reportedly hit a 2002 Mitsubishi Mirage head-on.

The Mirage was driven by a 23-year-old woman, and she was killed instantly in the impact. The Malibu driver was transported to Atlanta Medical Center where she was later pronounced dead. Two minors were taken to Atlanta Children's Hospital at Egleston. Their injuries were reported to be non-life-threatening.

According to police, the driver of the Malibu entered the interstate at the 216-exit ramp, driving the wrong way for several miles. Those exit and entrance ramps are said to be quite close to each other, which could be confusing when it is dark.

There have been a number of wrong-way crashes in Metro Atlanta during recent years. However, according to the Georgia Department of Transportation, wrong-way accidents comprise only a small percentage of the approximately 1,200 deaths every year on Georgia roads. They further stated that most wrong-way accidents involved an impaired driver. The Georgia Bureau of Investigation will be conducting toxicology tests for determining if alcohol was involved in this recent accident.

When a family suffers the loss of a loved one due to a fatal accident, they could have a great number of questions regarding their legal rights. Although compensation from a wrongful death suit will not bring their loved one back, it could help account for a family's financial losses. For instance, the compensation awarded could set off emergency transportation costs, medical bills and final expenses.


 

Fatal accident in Georgia community ends 4 lives

P

osted on Tuesday, September 9, 2014.

When a Georgia man went out to mow his lawn, he had no idea that he would later be involved in an accident. As he was mowing the grass in a ditch on his property, he had no way of knowing that what authorities say was a speeding pickup truck was heading his way. The fatal accident that was about to happen would end his life, as well as the lives of three of the four teenagers in the truck.

The pickup was traveling on what residents in the area consider to be a windy and dangerous road. The driver apparently failed to negotiate a curve and lost control of the vehicle. It then went off the road and flipped right over the man on his riding mower.

The Georgia State Patrol confirmed that the 57-year-old man on his riding mower and three of the occupants of the pickup truck suffered fatal injuries in the crash, including the driver. The fourth person in the truck survived the crash, but not without injuries. At last report, that passenger's condition was improving.

It took troopers several hours to clear the scene. Since the individual believed to be driving when this fatal accident occurred died, no criminal charges will be filed. However, that does not prevent the families of the other three deceased victims from filing wrongful death claims against the estate of the driver. Further, the injured passenger may file a personal injury claim as well. No amount of money will ever repair the damage done to these families that day, but a successfully presented claim may help with the financial burdens incurred as a result.
 


Fatal accident on Georgia Hwy 136 takes 2 lives

Most Georgia drivers understand the need to be vigilant on the state's highways. However, highways without a divider -- such as most two-lane highways -- often require even more of a driver's attention, since inadvertently crossing over into oncoming traffic at high speeds is possible. If this happens, a serious or fatal accident can occur.

According to the Georgia State Patrol, this is what happened recently on Georgia Highway 196. A passenger vehicle occupied by three people was heading south when it crossed into the opposing lane of traffic. A northbound vehicle was unable to maneuver out of the oncoming car's path, and the two vehicles hit head-on.

The driver of the northbound vehicle -- a soldier from Fort Stewart -- suffered fatal injuries to which he succumbed at the scene. The driver and one passenger from the other vehicle also died. The other passenger survived the crash but suffered injuries serious enough that emergency responders called for a helicopter to transport him to a hospital in Savannah from the scene in Glennville. No further information regarding his condition was released.

The accident remains under investigation. Toxicology samples were obtained from the deceased driver of the southbound vehicle to determine whether impairment was a factor in this fatal accident. Regardless, the families of the deceased and the injured passenger retain the right to file civil actions against the estate of the driver believed responsible for the crash. Any monetary damages received from a successfully litigated claim could help alleviate the financial burdens that often result from unexpected tragedies.
 


Georgia parents lose child in fatal accident at daycare

Thousands of parents in Georgia drop their children off at daycare facilities each day, placing their trust in the staff at those facilities to care for their children and keep them safe. When that trust is broken, it is often the children who suffer the most. This was the case in a recent fatal accident at an in-home daycare center that had already been cited for playground hazards in the past.

The 3-year-old boy was outside on the playground unsupervised for only a few moments, but as any parent knows, that is more than enough time for a toddler to get into trouble. When the owner of the daycare came back outside from dealing with another child, she found the toddler hanging with a string around his neck on a slide. After calling 911, CPR was begun.

When emergency medical personnel arrived, they took over the boy's care and transported him to a hospital in the area. In spite of these efforts, the boy died two days after the incident. His death is attributed to asphyxia. The Georgia Department of Early Care and Learning shut down the daycare center for a minimum of 21 days to conduct an investigation into this tragedy.

While investigations into the fatal accident are conducted, the parents of the boy are undoubtedly struggling to deal with their grief. They may also file a wrongful death claim against the party or parties deemed responsible for the premature loss of their son. No amount of money will ever make up for the fact that these parents will never get to see their son grow up. However, it may help them with the unexpected expenses that are invariably incurred due to such a sad and tragic loss of life.
 



 






Tracey L. Dellacona, Esq
R.N., M.B.A.

 

Macon GA Truck Accident Blog

Macon GA Birth Injuries Blog

Macon GA Car Accident Blog

Macon GA Wrongful Death Blog

Macon GA Medical Malpractice Blog

 


 

 
 
 

           

 
 
  Copyright 2015 - The Dellacona Law Firm

Privacy    │     Terms of Use     │     Sitemap

Digital Smart Tools