Mr. V was from Colombia. He and his wife and children came to the United States in search of a better life for them and their children. He began working as a construction worker while his wife began working at a hotel. One day, Mr. V was riding to work in a company van with his co-workers. A box truck driving the opposite direction turned directly in front of them. Mr. V’s van crashed into the box truck and he was killed in the wreck. Michael filed a wrongful death lawsuit and secured a $3,100,000 settlement for Mr. V’s family.
The Accident
Mr. V and his co-workers were driving south on Highway 155 in Henry County, Georgia. The box truck was driving north and was stopped and waiting to make a left turn onto Hemphill Road. The box truck began making a left turn when the van was a short distance away. The driver of the van didn’t have time to react or brake. The van crashed into the box truck and flipped onto its side. A witness’ dash camera recorded the accident. Here are pictures of the accident:
The van’s airbag had a “black box” that recorded the van’s speed in the seconds leading up to the crash. As part of our investigation we downloaded the van’s black box and it showed that the van was driving the 45 mph speed limit before the accident. Given that, there was no question that the box truck was completely at fault for the wreck.
Who is the proper person to file a wrongful death lawsuit
One of the first legal questions in a wrongful death case is who has “standing” to file the lawsuit. Standing basically means who has the legal right to file the lawsuit. Georgia laws OCGA 51-4-2, 51-4-4 and 51-4-5 set out who is the proper person to file a wrongful death lawsuit:
- If the deceased was married, the surviving husband/wife is the proper person;
- If the deceased was not married or their husband/wife is deceased, the children are the proper person;
- If the deceased was not married and does not have children, the executor of their estate is the proper person;
- If the deceased was a child, the parents are the proper person;
In this case, Mr. V was married so his wife was the proper person to file the lawsuit.
How is the financial recovery in a wrongful death lawsuit divided
Georgia law OCGA 51-4-2(d) determines how any verdict or settlement in a wrongful death case is divided amongst the surviving family. The recovery is equally divided between the surviving husband/wife and the children. However, the surviving husband/wife receives, at a minimum, one third of the financial recovery and the rest is equally divided between the children.
Here’s how this works in practice:
- If the deceased was married with no children, the surviving husband/wife receives all of the financial recovery;
- If the deceased was married and has 1 child, the financial recovery is split equally between the surviving husband/wife and the child;
- If the deceased was married and has 2 children, the surviving husband/wife receives 1/3 of the financial recovery. The rest of the recovery is split equally between the two children so they each receive 1/3.
- If the deceased was married and has three children, the surviving husband/wife still receives 1/3 of the financial recovery. The rest of the recovery is split equally between the three children. Each would receive 1/3 of the remaining 2/3.
In this case, the financial recovery was equally divided between Mr. V’s wife and two children. Since one of the children is a minor their portion of the settlement is overseen by the probate court to make sure that the money is handled appropriately.
Legal claims in wrongful death cases
Under Georgia law, there are two separate legal claims in a wrongful death case.
The first claim is what lawyers call the wrongful death claim. Georgia law OCGA 51-4-2(a) says this claim is for “the full value of the life of the decedent, as shown by the evidence.” The wrongful death claim is measured from the point of view of the deceased, not their loved ones. The jury’s job is to determine the value of the deceased’s life to himself or herself. The jury can consider their family, their relationships, the activities they enjoyed, their impact on others and the community and their job and their future lost income.
The second claim is what lawyers call the estate claim. This claim is held by the administrator of the deceased’s estate and is for the deceased’s medical bills, funeral bills and pain and suffering before they passed away.
Resolution and Settlement
Michael filed a wrongful death lawsuit on behalf of Mr. V’s wife and secured a $3,100,000 settlement for her and her children. While no amount of money can compensate for the loss of a husband and father, the settlement will provide financial security for the family and we are proud to have helped them in their time of need.