Articles Posted in Wrongful Death

Georgia law defines DUI as not only driving under the influence of alcohol but also driving under the influence of drugs. In Georgia, a person is guilty of a DUI if driving under the influence of any drug to the extent that it is less safe for the person to drive. If a person operates a motor vehicle with any amount of marijuana or a controlled substance in the person’s body, they can also be found guilty of a DUI.

If you or a loved one has been involved in an accident involving drugged driving, you may find it helpful to talk to an experienced Marietta personal injury lawyer.

Driving Under the Influence With Marijuana

Under Georgia law, “wrongful death” is when a person dies as the result of the legal fault of another person or entity. This can include a variety of causes, such as a car accident, medical malpractice, a defective product, or a criminal act. 

If a loved one dies and you are considering legal action in Cobb County, talking with an experienced Marietta personal injury lawyer can be useful in understanding wrongful death lawsuits. 

Who Is Eligible to File for Wrongful Death in Georgia?

Devin Wilcox and two other people were killed in a January car crash that happened while the players were celebrating their national championship. Now, his father filed a $40 million lawsuit against the school and two other entities, alleging that they were vicariously liable for the wreck.

Police said that a school recruiting assistant was racing against another SUV driven by another player late at night after the team celebrated their national championship win. They said she was driving at 104 mph and had a blood alcohol concentration of .197, more than twice the state’s legal limit. Two other students were seriously injured in the wreck.

“(The driver) was reckless, negligent, negligent per se, willful, wanton and consciously indifferent to consequences in her operation of that vehicle while her judgment was substantially impaired by alcohol,” the lawsuit states, noting that the vehicle she was driving, a Ford Expedition, was leased by the athletic department and assigned to her for work-related activities.

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

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.

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.

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:

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.

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.

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.

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