Articles Tagged with wrongful death claims

ambulance1-resized-600-200x300According to the American Burn Association nearly 500,000 Americans suffer from burn injuries that require medical treatment every year. Among those harmed by burn injuries, an alarming percentage of these individuals were burned due to defective products they trusted. In addition to defective products, it is also common to see burn injuries from work-related accidents and motor vehicle accidents. Burns can drastically alter an individual’s life and in many cases leave the individual debilitated. If you have been affected by a burn injury the best thing you can do is contact a personal injury attorney. Your attorney will advocate on your behalf and fight for the compensation you deserve due to the wrongful pain and suffering you experienced.  

 Different Types of Injuries

 The classification of burn injuries are typically broken down by degrees. In general the spectrum of degrees ranges from fourth-degree to first-degree burns. The classification system breaks down as follows:

Motorcycle-Accident-300x203The mild weather and beautiful landscape of Atlanta and the surrounding area makes the great state of Georgia a hotspot for motorcycle enthusiasts across the nation. In fact, Atlanta alone is home to over a dozen motorcycle clubs. However, with the number of riders in our region comes an increase in motorcycle related accidents. The reality is, no matter how cautious riders are, accidents will happen. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are nearly 30 times more likely to be involved in a fatal accident compared to automobile riders. Fortunately, there are numerous avenues in which riders can receive compensation in the event that they have been injured in a motorcycle accident. With the help of a personal injury attorney, you will be able to get back on your feet and receive compensation for the injuries and suffering you experienced.

 Protecting Yourself

 First and foremost, it is important to remember that all motorcycle riders should ride alcohol and drug-free. There is never an excuse to ride under the influence, and riding impaired is one of the primary causes of motorcycle related accidents. However, even the world’s greatest driver can be involved in an accident if a driver in another vehicle is unaware of their presence, thus, riding defensively and doing everything in your power to promote your visibility is of extreme importance. When riding it is important that you adhere to the following precautions:

ambulance1-resized-600-200x300Each year over 65,000 pedestrians are struck and injured by motor vehicles in the United States. According to the Insurance Institute for Highway Safety (IIHS) most of these accidents occur on public roadways in urban areas. The majority of people never imagine the possibility of being struck by a motor vehicle during their walk to work or a leisurely stroll, but the reality is that injury and death caused by a motor vehicle strike is increasingly common. The exact cause of the prevalence of such accidents is attributed to the increase of distracted driving, however, there are instances where the pedestrian may, in fact, be at fault. Regardless of the situation, if you have been struck by a motor vehicle it is critical that you immediately seek the counsel of a personal injury attorney. Your attorney will be able to answer any questions you may have and advise you on whether or not you are eligible for compensation due to the injuries you sustained.

Pedestrian Rights

In the state of Georgia, pedestrians have the right of way on all crosswalks. However, drivers are often oblivious to this rule or the existence of pedestrians on a busy street. Drivers will often try to shift the blame on pedestrians in the event that an accident occurs. In order for the pedestrian to prove that the driver was at fault, they must prove that the driver’s negligence led to the accident. In general, negligence is defined is the failure to take reasonable action to protect others from a foreseeable risk. To prove that a driver was acting negligently in an accident with a pedestrian the following must be proven:

surgery-resized-600The United States Food and Drug Administration (FDA) has recently reported that a particular type of cancer has been linked to women with breast implants. The connection is being made between anaplastic large cell lymphoma (ALCL) and women who have received breast implants. Thus far the FDA has associated nine deaths to this form of cancer stemming from breast implants. In an official statement, the FDA reported that “All of the information to date suggests that women with breast implants have a very low but increased risk of developing ALCL compared to women who do not have breast implants”.  Exact numbers are difficult to determine because ALCL is being linked to a very specific type of procedure but the FDA has revealed that they have received reports of 359 cases associated with ALCL and breast implants.

 Investigation

 The FDA first discussed the potential risk associated between breast implants and developing cancer six years ago. However, at the time they did not have the technology to effectively research possible connections and draw any definitive solutions. Instead, the organization simply advised women who received implants to proceed with extra caution and regularly check with their doctor should they believe an abnormality occurred.  However, recent research has revealed that there is a specific link between cancer and those who received “textured” breast implants. Of the cases, the FDA specifically analyzed almost 88 percent of the cancer victims also received texture breast implants. Fortunately, for those affected by the disease, the FDA reported that ALCL is a particularly slow-growing cancer and if caught in the early stages, it is typically treatable.

ambulance6-resized-600-300x201In 2016 there were 1,130 traffic fatalities in the state of Georgia, a harrowing statistic, however, no number can come close to encapsulating the immense pain and confusion associated with the sudden loss of a loved one. The shock of receiving this kind of news can be unbearable, and the unfortunate reality that the incident may have been caused by someone else can place extraordinary strain on a family. Fortunately, there are laws in place to help hurting families through these tough times. If you find yourself in a situation like this it is imperative that you reach out to a personal injury attorney who will be able to guide you through your situation. An attorney can be a voice of reason and will fight to ensure that you and your family receive the compensation you deserve.

 Wrongful Death Torts

 A wrongful death claim is a situation in which the plaintiff (the accuser) seeks damages from the defendant for causing a fatality. Georgia state statutes describe  “wrongful death” as a personal injury tort where someone’s reckless, negligent, or intentional action resulted in the death of another individual. In most instances a wrongful death is typically the result of a vehicle accident, criminal act, or medical malpractice; however, the claim is not dependent on how the individual died.  

crash5Following an auto accident, you may feel pressured to comply with questions and requests that are made. The aftershock of the collision and the feeling of helplessness that follows can make a person overly compliant. However, it is important to know that your actions and responses after an auto accident can set the tone for the claims process. If you are involved in an accident it is best to first speak with an experienced attorney who will advise you on how to best handle the circumstances of your situation.

 What Should You Do?

 Following an accident, you will be approached by an insurance adjustor who may seem like they are looking out for your best interests, however, be aware that this is not the case. This individual works for the insurance company and their primary objective is to save their company and client as much money as possible. During this process, the insurance adjustor can use any action or statement you make against you. Maintaining your silence will ensure that you do not compromise your case.

wrongful death

In pursuing a “wrongful death” action based on negligence, the Plaintiff has the burden of proving by a preponderance of the evidence that (1) there was a duty to protect the victim from the harm suffered, (2) that the negligent party breached that duty, (3) that the negligent act of the defendant was the proximate cause of the harm suffered (i.e., causation), and (4), that the victim died as a result.  (In other injury cases, the Plaintiff must show duty, breach of duty, causation and damages.)

To prevail on the element of “causation“, the defendant must have been found to be liable where it appears that his negligence was the sole cause of the death complained of, or that his negligence put in operation other causal forces which were the direct, natural, and probable consequences of the defendant’s original act, or the intervening agency could reasonably have been forseen by the defendant as original wrongdoer.  Stern v. Wyatt, 140 Ga. App. 704, 231 S.E.2d 519 (1976).

O.C.G.A. § 51-4-1(2) defines “homicide” as including “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”

Other negligence is the breach of duty owed to the deceased at the time the homicide occurs and may thus be slight, ordinary or gross negligence depending on the facts of the case which determine the duty owed to the deceased.  Caskey v. Underwood, 89 Ga. App. 418 (1) , 79 S.E.2d 558 (1953).

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