Month: June 2010

Pursuing a wrongful death claim in a drowning case can prove to be difficult, as it requires proof that another’s negligence is to blame. An experienced wrongful death attorney can help families successfully pursue these types of claims.

All too often during the summer months, children become the victims of drowning. Parents of a child who has drowned may have a claim to recover wrongful death damages for the child’s death. In order for this to be feasible, the circumstances surrounding the death need to clearly show that someone other than a family member was negligent in allowing the child to drown. For example, if the child drowns in a pool that provides a lifeguard service, there may be a question as to whether the lifeguards on duty were providing adequate protection for the swimmers. There may also be issues regarding the slope of the pool and whether a safety line is in place. In addition, another swimmer could be held responsible for the accident.

A wrongful death claim that involves a drowning can be difficult to pursue successfully. The circumstances surrounding a drowning are essential to proving liability, so involving a lawyer in the matter immediately will allow for proper investigation of the facts surrounding the incident. Preserving evidence, such as witness statements, is important to do immediately, as memories fade rapidly and can be influenced by outside factors. Also, physical evidence tends to be lost and destroyed quickly, so hesitating to hire an attorney may actually prevent the claimants from discovering who is at fault for causing the drowning. Hiring an attorney right away ensures a proper investigation that includes conducting witness interviews and searching for physical evidence.

Pursuing a drowning case will require an experienced wrongful death attorney because expert testimony is often required to properly prove both liability and damages issues, and an experienced wrongful death attorney will have extensive knowledge of gathering and presenting expert testimony. For example, expert testimony is usually required to determine whether or not the slope of a pool is appropriate. In addition, wrongful death damages can be difficult to calculate as they are measured by the full value of the life of the deceased individual. Determining this value often involves complicated expert testimony about what a person might earn during a normal life.

To learn more, visit http://www.webbdorazio.com.

When an individual is injured on another person’s property due to negligence, a premises liability claim can be filed. Slip and fall accidents are one of the most common types of premise liability cases and can cause severe injuries for victims.

In Georgia, individuals who are injured because of a fall may be entitled to compensation for injuries sustained in the fall if they were caused by the negligence of the owner or occupier of the property involved. Victims are often negligently injured in a fall due to slippery floors or other surfaces caused by water, food, grease, and a host of other foreign substances. In addition, poorly designed, manufactured or maintained curbs, walkways and steps may also be the cause of falls that injure victims.

Falls can result in very serious, even fatal, injuries. Injured persons can suffer from complex fractures and other serious injuries to ankles, wrists, arms, hips, elbows and shoulders, and these injuries can require extensive surgeries, cause serious medical complications and can even result in death. Older individuals are especially susceptible to falls and can be badly injured in such a fall caused by the negligent acts of others.

Under Georgia law, land owners are required to exercise care for the safety of others. When the owner or occupier of land allows others, by invitation or implication, to make use of his or her premises for lawful purposes, he or she can be held liable for injuries sustained by individuals that are caused by a failure to exercise care in keeping the premises safe. Land owners can breach their duty of care in the following ways:

By failing to use ordinary care to keep the premises safe;

By failing to properly inspect and maintain the premises;

By knowingly allowing invited guests to make use of an unsafe area of the premises;

By failing to post warning signs or warning markings in unsafe areas;

By failing to properly train and supervise employees in regard to the care of the premises; and

By failing to retain, entrust, hire, train and supervise employees.

Those who have suffered injuries on a property due to the negligence of another may be able to file a lawsuit to recover money for medical bills, lost wages, pain and suffering, or other accident related expenses.

To learn more, visit http://www.webbdorazio.com.

Workplace accidents can cause extensive pain and suffering for the injured person and his or her family. Individuals injured in an accident on the job may be able to file a claim for non-economic damages.

When a workplace injury occurs, the injured person will often file a workers’ compensation claim for medical and lost wage benefits. A workers’ compensation claim, however, does not include compensation for non-economic damages such as physical and emotional pain and suffering.

Non-economic damages include all past and future pain the victim or his or her family will be forced to endure as a result of the victim’s injuries or death. In order to receive compensation for physical and emotional pain and suffering, a claim must be successfully made against a third party, someone who is not an employer or a fellow employee of the injured individual.

A good example of this is when the driver of a vehicle, due to negligence, crashes his or her vehicle into the vehicle of the employee while the employee is on the clock. In a situation such as this, the injured employee is eligible to make a workers’ compensation claim, but he or she can also bring a personal injury claim against the non-employer or employee driver of the at-fault vehicle.

Another way non-economic damages can be recovered is when an employee is injured by malfunctioning equipment that he or she uses while at work. This type of accident would also allow the injured party to make a claim for workers’ compensation. In addition, he or she may be able to make a claim against the equipment manufacturer, distributer, wholesaler and/or retailer. This type of claim would be considered a products liability claim and may be difficult to prove, but the option remains open to the injured employee or his or her family. If a products liability claim is successfully prosecuted the claimant will recover non-economic damages for any physical and emotional pain and suffering.

Work injury accidents can be emotionally and financially devastating for the victim and his or her family members. If you or someone you love has been injured or killed in a workplace injury, it is important that you speak to experienced personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

When filing a wrongful death lawsuit on behalf of a deceased child, divorced parents have certain rights when it comes to how they must share the wrongful death proceeds from the settlement or the jury award. If both parents are alive and wish to proceed with the claim, regardless of their marital status, then pursing recovery and receiving proceeds can be a smooth process. In the absence of this ideal situation, other provisions must be followed.

In the event that the deceased child does not leave behind a surviving spouse or child, then the child’s parents have the right of recovery. The parents will share this right jointly if they are still a married couple and are living together. If, however, either parent is deceased, then the surviving parent will have the sole right of recovery. If both the parents are living, but are divorced, separated, or do not live together, both parents will have the right of recovery, but that right will depend on the following:

If one of the deceased child’s parents refuses to proceed with the claim or cannot be located to proceed to recover damages for the wrongful death of a child, then the other parent has the right to hire a lawyer to represent both parents and the results of the lawsuit will be binding on both parents. When this situation occurs, the ultimate recovery should be shared equally by both parents. However, there are some exceptions to this. When the absent parent cannot be located, their share of the proceeds will be held for two years. After two years, the parent who initiated the recovery has the option to petition the court to receive the absent parent’s funds.

There are other options open to divorced parents when it comes to the right of recovery in a wrongful death suit. Either parent has the right to file a motion before trial requesting that the judge apportion any judgment awarded in the case. Doing so will require a hearing in which each parent will have the opportunity to show evidence of their relationship with the deceased child. The judge will use this hearing to determine the percentage of the judgment to be awarded to each parent based on the parent’s relationship with the child, considering such issues as permanent custody and support, as well as any other factors he or she finds significant.

If you have experienced the loss of a child due to another’s negligence and are considering filing a wrongful death lawsuit, you should consult an experienced wrongful death attorney who can advise you about how these laws apply to your case.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.