Wrongful Death

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.

Georgia Supreme Court Rules County Employees Immune from Suit in Fatal Dog Attack Case

February 28, 2019 | Benjamin S. Persons, IV

Personal injury claims against Georgia state officials are subject to a special set of constitutional and statutory rules. According to the Georgia Constitution, the General Assembly “may waive the state’s sovereign immunity” by law in cases in which an individual employee negligently injures someone. But “except as specifically provided” by such a waiver, the Constitution says, no public employee can be held liable for “the performance or nonperformance of their official functions.”

What does this mean, practically speaking? Basically, you can not sue an employee for exercising his or her own discretion in the performance of a job. You can, however, sue an employee who fails to carry out a legally mandated (or “ministerial”) task.

Wyno v. Lowndes County

Appeals Court Throws Out $10.6 Million Negligence Judgment Against City of Albany

July 31, 2018 | Benjamin S. Persons, IV

In just about every city there are certain places known to host dangerous (and illegal) activities. City officials are often aware of the threats posed by such places but fail to take appropriate action to protect the public. If someone is injured or killed as the result of these public hazards, however, can the city itself be held legally responsible?

City of Albany v. Stanford

In 2016, a Dougherty County jury answered “yes” to this question. The specific context was the horrific 2010 murder of a 20-year-old man at an illegal nightclub in Albany. The victim, who was from Butts County, was visiting his aunt in Albany at the time. Some friends took him to a local recording studio known as Brick City.

Can You Accept a Car Accident Settlement Three Years Later?

July 27, 2018 | Benjamin S. Persons, IV

It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

Georgia Supreme Court Holds Family May Seek Limited Damages for Wrongful Death of Woman After 20-Year Coma

June 21, 2018 | Benjamin S. Persons, IV

A wrongful death lawsuit is a special kind of personal injury claim. Unlike other torts, however, wrongful death is purely a creation of state law. Historically, if a negligent act killed the victim, the personal injury claim died with them. Under Georgia’s wrongful death statute, however, the victim’s surviving spouse or children may bring their own claim against the negligent parties.

Bibbs v. Toyota Motor Corporation

Generally speaking, you cannot recover twice for the same injury. In other words, if a victim initially survives an accident and successfully pursues a personal injury claim, the family cannot seek additional damages via a wrongful death lawsuit if the victim subsequently dies. The wrongful death statute is only designed to ensure the victim’s family recovers the same damages she could have recovered herself had she survived.

Georgia Supreme Court Upholds $40M Wrongful Death Award Against Chrysler

March 23, 2018 | Benjamin S. Persons, IV

We previously discussed a terrible wrongful death case, Walden v. Chrysler Group, LLC, in which a 4-year-old Georgia child died after his aunt’s Jeep Grand Cherokee exploded in a rear-end collision. The impact caused the Jeep’s rear-mounted fuel tank to explode, setting the child on fire. Following a trial, a jury held the Jeep’s manufacturer, Chrysler, 99% responsible for the child’s death and awarded the family $150 million in damages. Although the judge reduced that award to $40 million, Chrysler still appealed.

Is a CEO’s Salary Relevant to a Wrongful Death Claim Against his Company?

The Georgia Supreme Court recently affirmed the modified verdict after reviewing and rejecting Chrysler’s challenge to some of the evidence presented at trial. Specifically, Chrysler argued that it was unduly prejudiced by the plaintiff’s introduction of evidence related to the salary of the company’s chief executive officer.

Georgia Supreme Court Rejects Wrongful Death Lawsuit Against Atlanta Teacher

February 1, 2018 | Benjamin S. Persons, IV

Everyone recognizes that teachers have a difficult job. We also trust teachers with the education and well-being of our children. So, when the worst happens and a child dies while in a teacher’s custody, grieving parents will understandably seek accountability and justice through the courts.

Barnett v. Caldwell

Unfortunately, when it comes to teachers employed by public schools, the legal system makes such accountability difficult. Although the Georgia Constitution states that a state employee may be personally liable for “negligent failure to perform” a “ministerial” function, they are generally immune from lawsuits arising from discretionary acts. In non-legal terms, if the law mandates a state employee do something, then he or she can be sued for negligently failing to do so. If the employee has discretion to do something, however, then he or she cannot be sued if that decision caused injury to a third party, unless the victim can prove that the employee acted with “actual malice” or “actual intent to cause injury.”

Is a Georgia Mental Health Care Facility Liable for Discharging a Patient Who Commits Murder?

November 10, 2017 | Benjamin S. Persons, IV

Georgia’s mental health system has come under increasing public and regulatory scrutiny in recent years. Too many people suffering from serious mental illness do not receive adequate treatment. While that is tragic in and of itself, the system’s failures are compounded when these untreated patients injure or even kill innocent third parties.

Curles v. Psychiatric Solutions, Inc.

The Georgia Court of Appeals recently considered a mental health care facility’s potential civil liability in one such case. A woman with a long history of “psychotic breaks” was committed to a private psychiatric facility on three separate occasions. Approximately two weeks after the facility discharged her for the third time, the woman killed her grandmother and another man.

Can You File a Wrongful Death Lawsuit for a Work-Related Death?

October 19, 2017 | Benjamin S. Persons, IV

In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and suffering and your own loss of companionship.

If your loved one died as the result of a workplace accident, your legal options may be limited. Workers’ compensation provides the “exclusive” remedy for all on-the-job injuries, including those that are fatal. Since workers’ compensation is a “no-fault” system, you do not need to prove the employer was negligent; however, your damages would be limited to those death benefits mandated by the Georgia Workers’ Compensation Act (GWCA).

Mangham v. Westin Hotel Management, LP

How Uninsured Motorist Coverage Protects You Following an Accident Caused by a Drunk Driver

August 31, 2017 | Benjamin S. Persons, IV

Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage to fully compensate the victims.

This is where uninsured and underinsured motorist (UM/UIM) coverage can come into play. Under Georgia law, all auto insurance providers must offer UM/UIM coverage as part of their standard policies. The customer has the option to decline such coverage, but must do so in writing. While you are free to purchase any amount of UM/UIM insurance that an insurer offers, state law sets minimum coverage at $25,000 for bodily injury per person (or $50,000 per accident). In many cases, it is a good idea to purchase significantly more coverage, as the damages from an accident can easily exceed $50,000, especially if there is serious injury or death.

Allstate Property and Casualty Insurance Company v. Musgrove