Former Football Star Dies from Motorcycle Injuries

December 06, 2012

Georgia residents are probably familiar with the recent tragic story involving former Air Force tight end Devin Durden. Durden sustained serious injuries in a motorcycle crash in late-September of this year. He died from the injuries shortly thereafter.

Durden's accident and death

Durden was thrown from his motorcycle in the accident and sustained multiple broken bones as well as a severed spine. He underwent several surgeries for his injuries and was put on a respirator, but ultimately succumbed to his injuries.

A post from a family member on a website dedicated to the Durden family states "Devin fought incredibly hard, but in the end, the injuries he sustained were so numerous and complex that he just could not survive." Websites were created to help the family pay for medical bills and future living expenses, as well as purchasing a special vehicle for Durden.

Durden had recently returned home after leaving the Air Force Academy and was planning to enlist in active duty. He was also planning to contend for a starting position on this season's Air Force team.

Wrongful death lawsuits in Georgia

Money can't stop the Durden family's pain and suffering or bring back Devin, but a wrongful death lawsuit against those responsible for his death will allow them to recover from the financial hardship created by Devin's tragic death. A wrongful death lawsuit is a cause of action brought by family members of a person whose death is caused by the wrongful conduct of another person. The lawsuit may be brought whether the wrongful conduct was intentional, reckless or negligent.

In a wrongful death lawsuit, economic damages are usually recovered. However, damages for loss of the enjoyment of living are also recoverable. The administrator of the decedent's estate may also attempt to recover damages for:
- Funeral expenses
- Medical bills
- Pain and suffering experienced by the decedent before death
- Pain and suffering of the family members

In Georgia, a surviving spouse brings the wrongful death lawsuit. If there is no surviving spouse, children or parents of the decedent may initiate the lawsuit. If there is no spouse, children, or parents, the lawsuit is brought by the estate administrator.

Wrongful death lawsuits can only be brought in limited time frames. This is called a statute of limitations and depends on a variety of factors including:
- Age of the plaintiff
- Type of personal injury claim
- Facts and circumstances involved in the situation

It is best to consult an attorney when considering a wrongful death lawsuit to ensure the deadline for the statute of limitations has not passed. Although most wrongful death lawsuits settle before trial, they are often complex and it may be years before the eventually settle.

Death of a family member is a painful and traumatic experience. An individual considering a wrongful death lawsuit should consult an experienced personal injury attorney. The attorney can provide knowledge and guidance as well as assist with obtaining any available damages.

Article provided by McCamy, Phillips, Tuggle & Fordham, L.L.P.
Visit us at www.mccamylaw.com