Wrongful Death

Published on: November 7, 2011

Drunk Pedestrian Ran Over and Wrongful Death Suit May Follow

Death comes to people in many strange ways. The man in this case was run over while lying in the middle of the road.

This reported case is very odd for a number of reasons. The main reason for this is that the victim was lying in the middle of the road; drunk but alive until the defendant ran over him and killed him. The defendant is a former state trooper, who, one would think, would have a higher degree of awareness about driving safely and would not leave the scene of the accident.

The trooper was off duty at the time of the accident, was in the car with his girlfriend, and heading home from a party when he struck and killed John Doe. For reasons only known to him, he chose to leave the scene and continue on his way home. His girlfriend did however speak to the police after the man was hit. Investigators on scene were able to determine the dead man had been alive prior to being hit and had a blood alcohol content of 0.20.

Published on: April 12, 2011

Wrongful Death Lawsuits Have A Way Of Being Complicated At Times

By Stephen M. Ozcomert

No one ever said wrongful death lawsuits were straightforward and uncomplicated. Often, they have more twists and turns than the Grand Prix.

This particular case got a great deal of media attention, not only because of the circumstances of the case itself, but because of how complex the whole affair turned out to be. A 23-year-old man was out having a few drinks with friends one night and ended up being in a fight at the bar. The fight started inside the drinking establishment, prompting the manager to call the police.

When officers showed up, the young man ran away, with three policemen pointing Tasers at him. To avoid being zapped, he jumped into a river. Shortly after that, one of the officers on the banks of the river shot his Taser and hit the young man. Police would not help the man, nor would they let the man’s brother help him. His body was found in the water the next day.

Published on: February 26, 2011

Tractor Trailer Wrongful Death Kills Four

By Stephen M. Ozcomert

Big rigs tend to attract a lot of attention. Unfortunately, much of it is the result of them being in yet another horrendous wreck.

This wrongful death case captured the attention of a lot of people when it happened in 2006. Four were brutally killed on the highway after they had stopped to avoid another accident that had taken place. The driver of the big rig that was behind the woman never saw the line of other vehicles stopped to wait to get the all clear signal from the police before proceeding.

The result of this accident, when the rig plowed into the line of waiting cars, was the death of four people who never knew what hit them. The wrongful death lawsuit in that case ultimately settled for $35.25 million, including damages and compensation. And the driver? The driver was tried on four counts of second-degree manslaughter and found not guilty.

Published on: January 31, 2011

Atlanta Personal Injury Lawyer Indicates Wrongful Death Compensation Mitigates Loss

By Stephen M. Ozcomert

Suddenly losing a family member is horrific. Often families are left in dire financial straits as a result.

For families who have lost a loved one due to a sudden and unexpected accident, they have more to deal with than just the death. Often, the whole family is thrown into economic chaos and faces a highly uncertain future with the lack of funds they deal with after the death. Wrongful death lawsuits are a way to obtain compensation to allow the family to survive financially for the future.

Unfortunately, there are a good number of people who view wrongful death lawsuits as being revenge. This could not be further from the truth. Wrongful death lawsuits are about recovering the deceased’s economic potential that, but for the negligence of another, was cut short, leaving a family up in the air.

Published on: December 15, 2010

Wrongful Death Lawsuits Result of Negligence of Others Says Atlanta Personal Injury Lawyer

By Stephen M. Ozcomert

Death comes in various forms. Wrongful death is the result of someone else’s actions.

“When someone has lost a loved one due to the actions of another, they often don’t know what they are supposed to do. It’s enough of a shock just dealing with the loss of the person in the first place. In all instances where someone has lost their life due to the negligence on another, it’s wise to talk to an experienced Atlanta personal injury attorney and get solid legal advice on how to obtain compensation for that person’s death,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

Who brings a wrongful death action to court? In the vast majority of the cases, the immediate family of the deceased brings the action. However, in some cases, an executor will bring the action to recover compensation for the death.

Published on: November 14, 2010

Wrongful death lawsuits are about economic security for the future

By Stephen M. Ozcomert

Wrongful death lawsuits are not about revenge. These suits deal with obtaining future financial security.

While some people may think that filing a wrongful death lawsuit is all about getting even with the person or company who killed your loved one, it isn’t. Primarily, it is about getting financial compensation for the family for their future. When a loved one suddenly dies, the economic and emotional shock is truly devastating.

If you lost a loved one whose income supported the family, would you wonder where the next dollar to pay the bills would come from? You sure would. It’s for this reason that those left behind seek legal counsel and want to find out what their rights are by asking a lawyer what will happen next and what can the family do to obtain compensation.

Published on: October 15, 2010

Ozcomert suggests civil litigation in wrongful death cases to recover economic compensation

By Stephen M. Ozcomert

Civil litigation is not the same thing as criminal litigation. Civil litigation involves things like wrongful death lawsuits.

In a criminal case, the person charged goes to a criminal court and is dealt with accordingly. They may be found guilty or not guilty. Either way, once that process is concluded, the person can also be sued again, but civilly. For the best example of a situation like that, think the O. J. Simpson case.

“Let’s say we’re dealing with the wrongful death of a loved one as a result of vehicular homicide. The criminal case has been dealt with, but the family wishes to recover compensation for the loss of their loved one. A wrongful death lawsuit is filed under a wrongful death statute and is the civil recourse for families whose loved one was killed because of the negligence/intentional acts of another. It is their route to justice outside of the criminal courts,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

Published on: April 26, 2010

Wrongful Death on a Houseboat

By Stephen M. Ozcomert

In this case, a man died of a heart attack triggered by carbon monoxide poisoning. The family considered it a wrongful death.

This case involved a 62-year-old man who perished in June of 2008, as the result of a heart attack that was presumably triggered by carbon monoxide that pervaded the cabin of a rented houseboat.

“Apparently, other family members on the same boat were taken ill, but were able to recover,” recounted Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

Published on: November 22, 2009

Wrongful Death Suit Reasons

By Stephen M. Ozcomert

Wrongful death suits can be filed for many reasons and aren’t limited to vehicle crashes.

Although every state has its own wrongful death statute and the requirements to file a wrongful death lawsuit under the auspices of that statute vary, the reasons for filing such a suit tend to remain the same.

Cases vary and have many components to them like the case involving a man whose wife died as the result of a car crash in July of 2009. In this instance, the van the couple was driving was rear-ended and forced off the road, rolling over several times before coming to a halt. The husband was permanently and severely injured, and the wife died as a result of her injuries. In consultation with a skilled personal injury attorney, the husband decided to file a wrongful death suit against not only the driver of the other vehicle, but General Motors and a seatbelt manufacturer.

Published on: November 10, 2009

Slip and Fall Wrongful Death

By Stephen M. Ozcomert

Not all slip and falls take place outside after tripping over something on the ground or by slipping on a wet surface at the supermarket.

Consider the case of a woman who died after falling while trying to climb out of her hospital bed. She sustained some severe injuries after her fall and eventually succumbed to them. The crux of this particular case is the fact that the woman was a known fall risk.

When the lady was admitted to hospital she was given what is called a close call device, attached to the woman’s gown. The idea behind these gadgets is that they alert hospital staff when the patient attempts to leave her bed. In this case, the woman tried to get out of her bed one day in June 2008, but failed in that attempt and fell instead. The nursing station was never alerted by the apparatus attached to her gown.