wrongful death claims

Published on: January 5, 2012

Family of Student Who Committed Suicide Settles Wrongful Death Lawsuit against Virginia Tech

The family of a Virginia Tech student who committed suicide has reached asettlement of a wrongful death lawsuit against the university.The state of Virginia has agreed to settle the lawsuit by paying $200,000 to the family of Daniel Sun Kim.The state will also establish a scholarship fund of $100,000 in his name.The settlement includes more than $100,000 in attorney fees.The family had initially claimed $4 million in their wrongful death lawsuit.

Additionally, Virginia Tech will also place a memorial plaque honoring Daniel Sun Kim somewhere on campus.The university will also enact a policy that will require that parents and guardians of students who are considered to be suicidal, be informed of this. As part of the settlement, the University does not admit any wrongdoing in Kim’s death.

As a wrongful death attorney, I recognize that the amount is not substantial relative to the loss suffered by the family. It is likely the family decided that the non-monetary portion of the settlement (ie: change in policy, scholarship fund and plaque honoring their son) allowed for a more appropriate conclusion of the case. I very much respect and applaud their decision. The change in the policy of the university will likely save lives of students in the future. It is unfortunate that the university did not choose to also provide the family with a more appropriate level of financial compensation for their loss rather than only implementing a policy that should have already been in effect for the safety of their students.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.

Published on: February 10, 2011

Man in Fatal Atlanta Auto Accident to Serve 10 Years in Prison

by Robert N. Katz, Esq.

The motorist, who was convicted of DUI (driving under the influence) and causing a wrong way driving auto accident that killed a woman on an Atlanta highway, will spend 10 years in prison. The motorist Theus Monroe was driving the wrong way on Interstate 85 in December 2009, when his vehicle crashed head-on into another vehicle. In that vehicle was Jazmine Zachary, who sustained fatal injuries in the crash. She was 25 years old at the time of her wrongful death.An investigation later revealed that Monroe was not only driving under the influence of alcohol, but was also high on drugs at the time of the car accident.

A Fulton County judge this week sentenced Monroe to a maximum sentence of 17 years in prison. However, Monroe will only serve 10 years, and have an additional year of drug rehabilitation. The sentence was a bit of a disappointment for the victim’s family who wanted that Monroe be ordered to serve the entire 17 years.

Atlanta car accident attorneys often see that intoxicated driving is the main factor in accidents caused by motorists driving the wrong way. These are typically fatal accidents, or high-impact auto accidents that end with serious injuries. Drivers, who are in the path of a motorist traveling the wrong way, don’t expect to see a driver headed in their direction, which takes them by surprise, leaving them with no time to avoid the wrong way driver. The potential for severe injuries and fatalities also increases because these are typically high-speed, full impact, head-on crashes. Wrong way driving accidents are also sometimes linked to drowsiness, when motorists miss a sign or signal because they are dozing off at the wheel.

Published on: November 5, 2010

Carrollton Wrongful Death Accident Trial Scheduled for February

by Robert N. Katz, Esq.

The trial of a Carrollton man, who allegedly caused a fatalauto accident that killed a 16-year-old pedestrian, has been scheduled for February 7.

In October, John David Hickman was indicted in the wrongful death of 16-year-old Lawrence Ray Harrison.In June, Harrison and his friend, Thomas David Smallwood were pedestrians on the street when they were struck by an auto being driven by Hickman.Harrison received the brunt of the impact from the accident, while Smallwood was struck by the car’s rear view mirror.Harrison died of his injuries soon after.

Hickman allegedly fled the scene of the accident, but returned to the accident scene soon after.According to troopers who reported to the scene of the accident, he admitted that he had prescriptions for muscle relaxants and sleeping pills, but he denied driving under the influence of medications.

Published on: August 16, 2010

Wrongful Death Lawsuit Settled by Georgia Department of Transportation

by Robert N. Katz, Esq.

Georgia Department of Transportation Settles Wrongful Death Lawsuit

The Georgia Department of Transportation has agreed to pay $600,000 dollars to settle a wrongful death lawsuit, arising from a taxi accident that killed a 51-year-old woman.Patricia Heller was killed when her taxi went out of control and crashed into a tree.She suffered fatal injuries.

Her husband filed a wrongful death lawsuit against the taxi driver, the taxi company, a former city inspector and the Georgia Department of Transportation.The lawsuit alleged that the taxi had bald tires on the day of the accident, and had passed a city inspection just one day before the crash.The lawsuit also accused the Department Of Transportation of negligent design of that section of Interstate 85, alleging that a tree should not have been allowed to grow so close to the roadway.The lawsuit also alleged that the slope was too steep, and the drainage system was poor.

Published on: September 16, 2009

Georgia Family Battles Over Wrongful Death Damages

by Robert N. Katz, Esq.

Georgia Family Battles Over Wrongful Death Damages

The parents of a teenager who died in an accident involving a police car in 2007, is likely to appeal his wrongful death verdict in the Georgia Supreme Court, in a case that has received nationwide attention for its unusual nature.

In October 2007, 16-year-old Byron Trent Pyles died in a car crash involving a police car. His parents, Rebecca Lynne DeVent and Byron Keith Pyles filed a wrongful death lawsuit in Henry County against the Locust Grove police officer involved in the accident, and the police department.

Published on: December 26, 2007

Wrongful Death Settlement of 6 Million Due to Shoddy Construction

by Robert N. Katz, Esq.

December 26, 2007

The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants.

While riding as a passenger with her husband in the tunnel, Del Valle was killed when 3 3-4 ton ceiling panels gave way overhead, falling and crushing her. Her husband escaped through the window of his sedan.

Published on: December 3, 2007

Wrongful Death Lawsuit Gets Family Crosswise

by Robert N. Katz, Esq.

December 3, 2007

Last week the Atlanta Journal Constitution’s front-page article examined the complex legal issues that arise when two family members are involved in a single car collision.Sisters Yvonne Woods and Janice Carroll were traveling cross-country in Janice’s SUV.While driving her sister’s vehicle, Yvonne fell asleep.The SUV left the road and crashed.Yvonne was killed in the accident and Janice was injured.

The AJC article focused on the outrage from Yvonne’s family when Yvonne’ eldest daughter (probably the executor of the estate) was served with a personal injury lawsuit filed by Aunt Janice.Apparently, the family had no idea that Aunt Janice was suing the estate for her injuries.Further, the family was shocked that Aunt Janice would sue when her sister had been doing her a favor (helping her drive cross-country) when she was killed.