Wrongful death refers to a claim by a plaintiff (not the victim) who seeks to recover damages for the unjust death of another caused by someone's negligent, reckless or intentional acts. There are no specific guidelines that dictate the means of death; however, wrongful death tort claims frequently occur in several circumstances:
- Medical malpractice, especially errors in surgery, diagnosis and/or prescriptions;
- Product defects;
- Automobile accidents, including truck and pedestrian accidents;
- Criminal acts such as murder, physical abuse or neglect.
Clayton County wrongful death attorney Shane Smith represents families who have lost loved ones in auto accidents, truck accidents, DUI accidents, pedestrian accidents or serious premises liability accidents.
According to the Atlanta Journal-Constitution, the family of a 20-year-old Roswell student attending the University of Alabama who was killed on her way back to school after the BCS national championship game has filed a wrongful death lawsuit.
The student was riding in a truck headed back to the University of Alabama after the football game in Miami. Local reports indicated that the truck's driver likely caused the three-vehicle crash. At around 10:20 p.m., the truck's driver apparently attempted to merge onto Interstate 65. The truck turned into the path of a chartered bus that was carrying University of Alabama cheerleaders. The bus struck the truck which was then hit by another vehicle. A 20-year-old passenger in the truck was killed in the accident. The other three passengers in the truck and the 31 people on the chartered bus were unhurt. No charges were filed in the crash.
The lawsuit alleges negligence, gross negligence and wantonness that resulted in the wrongful death. It names the truck's driver (the president of Sigma Chi fraternity), the truck's owner (a fraternity member), the bus company and the bus driver.
If a death is caused by the negligence of another then the decedent's family may be entitled to legal relief through a wrongful death lawsuit. You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith for a free consultation.