An Explanation of Wrongful Death Claims

explanation wrongful death claims

An Explanation of Wrongful Death Claims

Have you recently lost a loved one in a car accident where the other driver was at fault? Was your loved one taken from you early because of injuries caused by malfunctioning machinery or because they were prescribed the incorrect medication? Losing a loved one is devastating under normal circumstances, but when death is unexpected and the result of another person’s negligence, you may be able to file a wrongful death claim.
In Georgia, filing a wrongful death claim comes with specific rules that can be challenging for survivors of the deceased to process. It is important to seek the help of an attorney who can get you the compensation and closure you deserve.

What Qualifies As A Wrongful Death

According to Georgia legal codes, a “wrongful death” is defined as the death of a person due to the “negligent, reckless, intentional, or criminal” acts of another entity (person, business, etc.). Examples of when a wrongful death might occur include instances of medical malpractice, motor vehicle collisions, defective products, premises liability, violence, and work injuries. In these instances, certain survivors of the deceased may be able to bring a successful wrongful death lawsuit.

Who Can File A Wrongful Death Claim

A wrongful death case may be initiated by survivors of the deceased. This typically is the surviving spouse or parent. However, if there is no surviving spouse, children may file a wrongful death claim. In addition, a personal representative of the deceased may file a wrongful death claim, in which case damages recovered are held by the estate for the benefit of the deceased’s next of kin.

Compensation Available For Wrongful Death

There are two different types of wrongful death claims in Georgia. The first type of wrongful death claim seeks to establish the “full value of the life of the deceased.” In such cases surviving family members can recover monetary damages for both the monetary and intangible value of the deceased person, including:
● Any lost wages and benefits the deceased may reasonably have earned if they had not passed; and
● Pain and suffering, loss of companionship, and other non-monetary damages felt by loved ones of the deceased.
The second type of wrongful death claim, the “estate claim”, seeks compensation for financial losses that occurred because of the deceased person’s death. Here it is the deceased person’s estate seeking damages such as:
● Medical expenses for injuries or illness that caused the death;
● Funeral and burial expenses for the deceased; and
● Any pain and suffering the deceased endured before death.

Statute Of Limitations

A wrongful death claim must be filed within the time specified by the Georgia statute of limitations. Under most circumstances, the survivors have two years from the date of death to file a wrongful death claim in court. Depending on your case, however, the time may be lengthened or shortened and it is extremely important you file a case before the clock runs out.
Exceptions, for example, exist if there are criminal proceedings in court for the same wrongful death. The two year statute freezes and begins running after the criminal case is completed. There may also be an additional five year toll for cases where the person’s estate is not probated.

Why You Need An Attorney

In Georgia, a wrongful death attorney will usually work on a contingency fee basis, meaning the attorney isn’t paid until the case is successfully settled. Call wrongful death lawyer Joel Williams to speak to an experienced wrongful death attorney about your options.

78,518 Vehicles Illegally Pass School Buses On Any Given Day

vehicles illegally pass buses

As a Georgia driver, do you know your duty as a driver of a vehicle that is meeting or overtaking a school bus?

Besides creating a dangerous situation and possibly injuring or killing innocent children, you could receive a citation, be fined up to $1,000.00, have 6 points placed on your driver’s license record, and risk having your license suspended if you are under 21 years of age.

Do you know the law for passing a school bus?

Follow this link to find out how Operation Stop Arm has been educating drivers to exercise caution when school buses are stopped and loading or unloading children. This pamphlet gives a great description of the law for passing a school bus based on the different types of roads being traveled. Under state law, drivers in all lanes must stop including drivers that are on multi-lane highways with a center turn lane. The only exception is if a driver is on the other side of a median that has a physical barrier such as grass or a concrete barricade.
At one time, school bus drivers were responsible for getting the violators tag number and information in order to report the violation. As of July 1, 2011, Georgia law allows the use of cameras mounted on school buses to keep record of violators. Approximately two dozen school systems in Georgia have added school bus cameras to their safety program.
Cobb County School System has equipped 122 of their school buses with digital video cameras that can capture tag information of drivers that fail to stop when school buses are loading or unloading children. This particular school system estimates that approximately 1,000 violations occur per day.
The National Association of State Directors of Pupil Transportation Services produced a 2015 survey estimating that 78,518 vehicles pass school buses illegally on any given day in 26 states including Georgia, which was reported to have 8,790 incidents of illegal passing observed April 22. Click here to see the 2015 Survey on Illegal Passing of School Buses. According to the National Highway Traffic Safety Administration (“NHTSA”), 21 children under the age of 19 die every year as pedestrians getting on and off buses.

Georgia’s “Move Over” Law

Georgia's move over law

Georgia’s “Move Over” Law

Georgia wisely passed a “Move Over” law in an effort to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers. The law was passed in response to an increased number of police officers and emergency personnel being killed or seriously injured by passing motorists.

In its most basic terms, the law requires drivers to move-over one lane, when possible, if an emergency vehicle with flashing lights is parked on the shoulder of the highway. If the driver is unable to move over, the law requires the driver to slow down below the speed limit and to be prepared to stop.

This entire statutory text of the law, codified as O.C.G.A. § 40-6-16 is as follows:

(a) This Code section shall be known and may be cited as the “Spencer Pass Law.”

(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(d) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00.

The Georgia Governor’s Office of Highway Safety, citing FBI statistics, noted that traffic crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. As you travel Georgia roads, please adhere to this law and protect the lives of those who keep us safe.