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 jury awarded a local pastor's widow more than $2.3 million after the 28-year-old pastor was shot and killed by a sheriff’s deputy.
The man was at a convenience store when he inadvertently stumbled into an undercover drug investigation. A grand jury found that the shooting was justified but the widow filed a wrongful death suit against the officer who fired the fatal shots alleging excessive use of deadly force, assault, battery and false arrest.
The jury found that the officer intentionally committed acts that violated the pastor's constitutional right not to be subjected to excessive or unreasonable force by a law enforcement officer. According to court documents the jury awarded a total amount of $2,305,352.
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.