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, two wrongful death lawsuits were denied by a Georgia court. The suits, filed by the allegedly suicidal woman's two adult children and her grandson, claimed that 911 dispatchers, supervisors and a deputy failed to follow the police department's policies for dealing with an armed suicidal suspect. The allegedly suicidal woman, 51, and her 75-year-old mother were both shot and killed in the incident.
The 911 operator initially reported that the allegedly suicidal woman wanted to die "by pill" and did not have a gun. The officer who reported to the scene was told by the woman's mother that she had a gun. The officer shot the allegedly suicidal woman three times when the woman pointed a gun at her. The mother was struck by a stray bullet and also died.
The judge found that there was no evidence that the 911 operator acted with indifference to the initial call or intended to harm or inflict injury on either of the women who were killed. The judge found that 911 operators did not exhibit willful or wanton misconduct or bad faith in handling the emergency call or that the officer reacted negligently.
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.