Earlier last year, the body of a high-school boy was found rolled up in a gym mat in the high school gym. Authorities conducting the investigation determined that the death was an accident, but the boy’s parents believe that he was murdered and that the school could have done something to prevent their son’s death.
According to a report by the New York Daily News, 17-year-old Kendrick Johnson was last seen alive on January 10, 2013. The next day, classmates found his body rolled up in a gym mat. When responding officers conducted an investigation, they deemed the death a “freak accident.” However, some have criticized the officers for failing to conduct a legitimate investigation.
Johnson’s Parents File a Wrongful Death Action
In response to what they believe was a gross failure to protect their son, the parents of the deceased boy have filed suit against the school, the principal, and the superintendent, alleging that they were negligent in preventing the death. The parents believe that their son died at the hands of one or more of his classmates, and the school should have intervened.
Evidently, the boy had been threatened and harassed by fellow classmates for quite some time, but authorities failed to investigate these claims, opting not even to interview the students in question. The parents of the boy are seeking unspecified monetary damages in their claim against the defendants.
Georgia Wrongful Death Actions
The boy’s parents are bringing a lawsuit based on negligence for the loss of their son against the school officials they believe to be at least partially responsible for their son’s death. This kind of lawsuit is called a wrongful death action, and it is generally brought by the immediate family of a person who was killed in a Georgia accident.
The law limits what relatives may bring wrongful death actions. In regards to the death of a child, it must be one or both of the child’s parents. However, if the deceased is an adult, there are several parties who may be eligible to bring the claim. The law prefers that the deceased’s spouse bring the claim. However, if the deceased has no spouse, the law allows for other parties to bring suit, such as a child, an administrator, or an executor of the deceased.
Have You Lost a Loved One in a Georgia Accident?
If you have recently lost a loved one in a Georgia accident, you may be entitled to monetary damages to compensate you for your losses. However, before you are determined to be eligible to bring such a suit, the law requires that you prove that you are related to the deceased. In addition, any wrongful death plaintiff must prove that a negligent or intentional act of the defendant caused the death of their loved one. To learn more about the wrongful death laws in Georgia, and to speak to a dedicated Georgia personal injury attorney about your case, click here, or call 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Sheriff’s Deputy Caught in Hit-and-Run Accident, Marietta Personal Injury Lawyer Blog, July 24, 2014.
Family Van Crashes Due to Tire Explosion, Marietta Personal Injury Lawyer Blog, July 10, 2014.