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, a federal judge is allowing families whose children have been identified in a cancer cluster in another state to proceed with their wrongful death claims against Whirlpool. The judge dismissed all claims against Whirlpool of reckless conduct, fraud and causing property values to decline but allowed the wrongful death claims to continue. This will require Whirlpool to disclose information that it had been reluctant to reveal.
The families believe smokestacks from Whirlpool's washing machine plant sent a chemical that causes cancer into a nearby neighborhood. The company alleges that there is no scientific or medical evidence supporting the claim. Nearly 40 people in the area have been diagnosed with cancer and some have died.
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.