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.
A man was convicted of second-degree murder in a hit-and-run accident that killed a pedestrian and his four dogs. The jury also convicted the driver of gross vehicular manslaughter and felony hit-and-run. The driver is facing 23 years to life in prison.
According to police, the driver was traveling approximately 70 mph when he struck the 21-year-old pedestrian and his girlfriend as they were walking their four dogs. The accident ripped the pedestrian's leg off and he died 13 days later. All four of his dogs were killed in the accident and his girlfriend was critically injured.
Prosecutors suspected that the driver may have been on heroin at the time of the accident. He testified that he was traveling to see his drug supplier. The driver had three previous DUI convictions.
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. If the investigation proves that negligence on the part of the driver was responsible for the pedestrian's death then there may be grounds for the victim's family to file a wrongful death claim.
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.