Earlier this month in Florida, a Georgia family was killed as they were taking their daughter to Disney World for her first birthday. According to one local news source, the family decided on a whim to pack up and head to Florida for the Labor Day weekend. Sadly, however, they never made it to their destination.
Evidently, the family was traveling on the Florida Turnpike in Lake County when another motorist struck the family’s car from the rear. Both cars flipped over and then caught fire. The two parents were pronounced dead at the scene by responding emergency workers. Their one-year-old daughter was taken to Arnold Palmer Children’s Hospital in Orlando, where she passed away a few days later. The driver of the other vehicle suffered only minor injuries and is expected to make a full recovery.
Police are conducting an investigation into the fatal car accident. As of the publication of the article, the driver was not facing criminal charges, although his license was suspended. At this early stage in the investigation, police do know that it was raining at the time of the accident as well as the fact that the other driver was traveling faster than the family.
Wrongful Death Cases in Georgia
The surviving driver in the case discussed above will potentially face very serious criminal charges for his role in the fatal accident that killed the young Georgia family. However, he may also be sued by other surviving members of the family under a wrongful death theory.
Wrongful death cases are brought by the surviving members of a deceased accident victim’s family. Most often, the cases are brought by surviving parents, children, or spouses, but in some cases the law allows for others related by blood or marriage to file suit. The basis for the cause of action is that the defendant driver acted negligently in some way that lead to the death of the plaintiff’s loved one.
Proving a wrongful death case at trial can be tricky, depending on the facts giving rise to the accident as well as the relationship between the parties. If a parent, spouse, or child does not exist, the case can be brought by a personal representative on behalf of the deceased’s next of kin.
Have You Lost a Loved One in a Georgia Traffic Accident?
If you have recently lost a loved one in any kind of Georgia car accident, you may be entitled to recover financially for your losses based on another party’s negligent conduct. The skilled attorneys at Miller Legal Services have the dedication and experience you need to feel comfortable leaving your case in their hands. We offer compassionate and knowledgeable advocates skilled in the ways of investigation, negotiation, and litigation. Call 770-284-3727 to set up a free consultation with an attorney today. Calling is free and will result in no obligation to you. In fact, you won’t be billed at all unless we are able to recover for you in your case.
See Related Blog Posts:
Georgia Man Killed in Out-of-State Car Accident, Marietta Personal Injury Lawyer Blog, August 12, 2015.
Georgia Motorcyclist Involved in Fatal Accident After Colliding with Sedan, Marietta Personal Injury Lawyer Blog, August 26, 2015.