Paul Tassin  |  June 29, 2015

Category: Consumer News

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Mercer-UThe family of a Georgia woman who died after falling on a stairway is now suing Mercer University, alleging the university’s negligence brought about the woman’s wrongful death.

Sally S. died from head injuries incurred in a slip-and-fall accident in July 2014, according to the wrongful death lawsuit. On the evening of the accident, she and her sister had attended a concert in a park. As they walked to where their car was parked, the two women walked up a stone stairway.

Sally fell backward and hit her head on the stone steps, losing consciousness soon thereafter. Following several weeks of hospitalization, Sally’s family had her taken off life support, in accordance with her advance directive. She died in late August 2014.

Now Sally’s children are suing Mercer University for Sally’s allegedly wrongful death. According to the wrongful death lawsuit, Mercer University organized the concert series that Sally and her sister had attended that night. The university selected and rented the facility and advertised the concert series.

The children claim the university negligently failed to ensure concert attendees’ safety on the night of the concert. They say the stone steps where the accident occurred had no handrail, failing to comply with local building codes, which require a handrail on all exterior commercial stairways of two steps or more.

The wrongful death lawsuit says that the handrails had broken off of that stairway before. It also notes that county workers installed handrails on the stairway after the accident.

The children also say the university failed to provide lighting on the steps where the accident occurred.

Sally’s wrongful death lawsuit is pending in Georgia state court for Bibb County.

Wrongful Death Lawsuits

Generally, a wrongful death lawsuit is brought by a deceased person’s survivors who allege that the death was someone else’s fault. Which survivors are allowed to bring such a claim varies much among states. In some states, only the surviving spouse or children of the deceased can bring a wrongful death lawsuit; other states allow other relatives to sue.

Wrongful death lawsuits cover harm suffered by the survivors as a result of the death. The types of losses that can be compensated are different from state to state.

Depending on the jurisdiction, plaintiffs may be able to sue for funeral expenses, medical expenses related to the final illness, loss of financial benefits like pensions, loss of the deceased’s earnings, or loss of inheritance caused by an untimely death.

Survivors may also be able to get compensation for harm that is not so readily measured, such as for the survivor’s own pain and suffering or the loss of the personal relationship with the deceased. In cases where the defendant’s behavior was particularly culpable, the survivors may be entitled to an award of punitive damages.

It’s important to know that a wrongful death lawsuit seeks compensation for harm suffered by the survivors, not the deceased. A different type of claim, a survivor action, seeks compensation for harm suffered by the deceased person prior to their death.

While wrongful death and survivor lawsuits are distinct claims, they often arise out of the same death, if the death resulted from some negligent, reckless or intentional action by the defendant.

Obtain a Free Wrongful Death Case Evaluation

If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.

The following types of wrongful death cases are common examples of what a family member can sue for:

  • Car Accidents
  • Bicycle or Pedestrian Accidents
  • Motorcycle Accidents
  • Boating Accidents
  • Medical Malpractice
  • Medication Errors
  • Workplace Accidents
  • Drowning Accidents
  • Nursing Home Neglect/Abuse
  • Slip and Fall Accidents
  • Defective Products
  • Other Personal Injury Claims that Caused the Death
In general, most cases have to be filed within four years, or less, of the death or injury. If you wait too long to contact an attorney you may lose your right to file suit.

 

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