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. 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.
A potential wrongful death claim may be justified in the case 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.
A successful claim is aided by the expertise of an experienced Clayton County wrongful death attorney.
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.
Criminal charges were not initially filed against the truck's driver. However, a subsequent investigation could prove that the driver's actions caused the accident and therefore the passenger's death. This would entitle the passenger's family to file a wrongful death suit against the driver even if it is determined that the accident was unintentional.
You should hire an experienced Clayton County wrongful death attorney if you believe your loved one was killed due to someone else's negligence (if someone does not show the same care that a reasonably prudent person would under similar circumstances). Call the Law Offices of Shane Smith at 770-HURT-999 for a free consultation.