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by The Stoddard Firm - October 27th, 2021
Wrongful death lawsuits are often associated with accidents — scenarios where someone died solely because of a product malfunction, medical malpractice, or some other serious but unintentional wrongdoing. Surviving family members are less likely think of this option when their deceased loved one was the victim of a crime, but criminal homicide is, by definition, a form of wrongful death. It’s a death caused by the wrongful actions of another.
The most obvious person at fault in a shooting death is, of course, the shooter. Unfortunately, this doesn’t help the survivors much, because individual assailants usually can’t afford to pay for a wrongful death settlement. However, in many cases, property owners are also responsible for creating environments that are conducive to crime, and can be held liable for the harm this causes to families.
Not a month goes by without another tragic example surfacing. In mid-September, police responded to a report of a late-night shooting at the St. Ives Crossing Apartments in Stockbridge. By the time they arrived at 305 St Ives Crossing, two people were dead. Most of the details of this case are either not known or not yet released, including the names of the victims, though police say the incident is still under investigation.
Just three weeks later, a maintenance worker at the Highland Village Apartments in Clarkston discovered a resident, Laron Benjamin, dead in his apartment, apparently from a gunshot wound. The apartment complex, located at 3890 E Ponce de Leon Ave, is sizeable and close to both a commercial complex and more residential properties, but no one reported the initial shot.
Nothing will bring these victims back, but too often, families affected by gun violence just accept that they must live with the financial burden of their loss on top of the emotional devastation. In many cases, these survivors actually have grounds to sue the property management companies that left their loved ones vulnerable. If you find yourself in such a situation, it’s crucial to consult with a wrongful death lawyer in Atlanta who can provide the legal guidance and support you need.
As a default, one person or entity is not responsible for the criminal actions of another. However, landlords do have a responsibility to take all reasonable steps to address any known dangers to tenants. In situations where gun violence is a known danger, and a landlord fails to take reasonable steps, the landlord becomes responsible for the effects of that violence.
At an absolute minimum, all apartment landlords should provide working door locks and consistently good lighting in common areas. Unless a neighborhood is statistically extremely safe, gates and surveillance cameras are usually reasonable precautions as well. When present, these features should be kept in working order.
If warning signs of gun violence are present — such as a history of gun violence in the complex or neighboring complexes — it’s appropriate for a landlord to:
Like so many types of tragedies, shooting deaths in apartment complexes are often enabled by cold business logic. Providing adequate security is an investment on a landlord’s part. Skimping on it is a way of padding profits in the short-term, at the expense of tenant safety. This only works, however, because so few families realize they have the power to hold their lost loved ones’ landlords financially accountable.
Doing this not only gives you the resources to work through this difficult time with fewer practical worries; it helps incentivize the multifamily housing industry to protect other renters.
If you are the next of kin of Laron Benjamin, either of the St. Ives Crossing victims, or any other victim of apartment complex gun violence in Georgia, reach out to The Stoddard Firm to learn more about how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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