Wrongful Death

Common Causes of Accidental Death in Georgia

January 6, 2023 | Benjamin S. Persons, IV

Most untimely deaths are not accidents. Instead, negligence, or a lack of care, usually causes such incidents. In Georgia, drivers and property owners usually have a duty of reasonable care. This legal responsibility is loosely based on the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, individuals must go out of their way to avoid hurting other people.

When negligence causes a wrongful death or another personal injury, a Marietta personal injury attorney can obtain the compensation these victims need and deserve. No amount of money, no matter how large, could begin to fill the emotional void that a wrongful death creates. However, financial compensation helps these survivors carry on with their lives. At this point, that’s the best possible outcome.

Car Accidents

Alleged Drunk Driver Kills Teenage Girl

December 9, 2022 | Benjamin S. Persons, IV

A 21-year-old man, who was allegedly intoxicated, lost control of his pickup, killing a 16-year-old high school cheerleader.

The girl, a junior at Mill Creek High School, was the front-seat passenger in a pickup truck heading north on Sugarloaf Parkway toward State Route 316, authorities said. The driver, a 21-year-old male, failed to navigate onto the ramp and struck a concrete barrier. “Gone from our sight, but never our hearts,” a tribute posted on the school’s Facebook page reads. “… Our deepest condolences go out to her family and we hope the many happy memories she has left behind will offer some peace in this difficult time.”

The driver now faces several criminal charges, including driving under the influence, failure to maintain a single lane, and first-degree vehicular homicide.

Fireball Dodge Charger Crash Near Forsyth Kills Four People

January 28, 2022 | Benjamin S. Persons, IV

A motorist who was trying to evade pursuing police officers apparently lost control of his car at speeds approaching 170mph. Four people between age 16 and age 22 died in the inferno.

A deputy operating a speed trap initially clocked a Dodge Challenger at 102mph. As the deputy pursued, the suspect sped away. That deputy lost sight of the vehicle, as did another deputy further ahead. When the driver tried to exit Interstate 75, the Charger barreled into a tree line and burst into flames. Two people were able to get out and the other four did not make it.

“It’s sad when young people lose their lives,” especially if the incident involves “poor choices,” opined Monroe County Sheriff Brad Freeman.

How to Prevent Swimming Pool Injuries

September 24, 2021 | Benjamin S. Persons, IV

Swimming pool injuries happen frequently and can cause serious damage, especially to children. The following article will provide some helpful tips for preventing swimming pool injuries.

Swimming Pool Injury Statistics

The following section includes some notable statistics regarding swimming pool injuries:

Understanding Wrongful Death Claims in Georgia

June 4, 2021 | Benjamin S. Persons, IV

As of 2019, there have been 173,040 unintentional deaths in the United States. Unintentional deaths can result from various incidents, such as work-related injuries, medical malpractice, or car accidents. When a loved one dies, it makes sense that survivors would want to file a wrongful death claim against the person or entity they believe caused the death. The following article will provide some vital information regarding wrongful death claims in Georgia to assist you if you decide to file a claim.

What is a Wrongful Death Claim?

A wrongful death claim typically asserts that the decedent’s death was the result of a person’s negligence or misconduct. Wrongful death claims can apply to all types of fatal accidents, ranging from car accidents to medical malpractice. Various individuals can be sued in wrongful death suits, such as the driver in a car accident fatality or the physician in a medical malpractice fatality.

Summer Brings Heightened Risk of Swimming Pool Injuries

April 23, 2021 | Benjamin S. Persons, IV

With summertime rapidly approaching, hot sunny days cannot be far behind. Few things go better with a hot summer day than a refreshing dip in a swimming pool. While refreshing, however, that dip in the pool is not risk free, as accidents in and around swimming pools result in thousands of injuries and deaths each year. Young children are particularly at risk, especially those too young to know how to swim. Summer is a time for having fun in and around water, but be sure to exercise necessary cautions.

Pool-Related Injuries and Deaths Happen Frequently

When discussing swimming pool accidents, drownings often are among the first topics raised, and might even be the only topic discussed. Drownings and near-drownings, which are not fatal but can result in severe injuries, are the cause of thousands of deaths and injuries every year. From 2005 through 2014, 3,536 people on average drowned every year. Drowning is the fifth-leading cause of accidental deaths in the U.S. each year. There were more than 3,700 people who died from drowning across the country in 2016. While those drownings took place in all bodies of water, many of those drownings, fatal and non-fatal, occur in swimming pools. Children younger than the age of 15 account for a significant number of those drownings and near-drownings.

Court of Appeals Rejects Lawsuit Against Psychiatrist Who Treated Drunk Driver Just Before Fatal Crash

September 25, 2020 | Benjamin S. Persons, IV

It goes without saying that a drunk driver can be held liable in a civil lawsuit for injuring someone while on the road. In some cases, Georgia law even makes it possible for an accident victim to sue a bar or restaurant for serving the drunk driver. But what about a mental health professional who treated the drunk driver? Can they also be held responsible for failing to take action to prevent their patient from getting behind the wheel?

Stanley v. Garrett

The Georgia Court of Appeals addressed these questions in a recent decision, Stanley v. Garrett. This case involved a man named Fettig, who had a history of alcoholism and depression. The defendant in this case was Fettig’s psychiatrist.

Crane Manufacturer Faces Trial in Savannah Over Fatal Accident

July 10, 2020 | Benjamin S. Persons, IV

Industrial accidents are often the result of a chain of events. There are usually multiple parties whose negligence or intentional failures led to an innocent worker’s injury. Of course, when the victim files a lawsuit, these parties are quick to try and deflect blame to one another.

Hill v. Konecranes, Inc.

An ongoing federal lawsuit in Savannah, Hill v. Konecranes, Inc., provides an apt illustration of this principle. This tragic case involves the 2015 death of a crane operator. The victim worked for International Paper Company (IP) in Augusta, where he used a gantry crane to move timber. Konecranes, Inc., was the company responsible for manufacturing and installing the crane. IP also retained Konecranes to perform regular inspections of the gantry crane.

Court of Appeals Upholds Defense Verdict in Wrongful Death Lawsuit

March 27, 2020 | Benjamin S. Persons, IV

In October 2014, a man from McDonough, Georgia, died after his Suzuki motorcycle collided with a Toyota Prius. According to a report from the Henry Herald at the time, the man “was traveling east on Campground Road and the Prius was traveling north on Palmer Road.” The Prius then pulled out onto Campground Road and was “hit by the Suzuki.” At the time, police attributed the accident to “speed and reckless driving” on the part of the motorcyclist.

Clack v. Hasnat

The family of the motorcyclist subsequently filed a wrongful death lawsuit against the driver and owners of the Prius. The case was tried before a jury, which returned a verdict for the defense. The family then unsuccessfully moved for a new trial.

Georgia Appeals Court Rules Mental Health Privilege Survives Suicide of Patient

June 21, 2019 | Benjamin S. Persons, IV

There are certain types of records that are considered inadmissible in Georgia personal injury cases. For example, there is the well-known attorney-client privilege. There is also a mental health privilege. This generally protects any communications between a patient and his or her psychologist or other mental health care professional.

Advantage Behavioral Health Systems v. Cleveland

A recent decision from the Georgia Court of Appeals, Advantage Behavioral Health Systems v. Cleveland, illustrates the broad scope of the mental health privilege. This tragic case involves the suicide of a young man. The victim went to a hospital emergency room in Athens, Georgia, in March 2016, telling doctors he had a “history of suicidal thoughts, bipolar disorder, severe depression, hallucinations, and alcohol use disorder,” according to court records.