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 wrongful death lawsuit was filed after a 19-year-old unarmed black man was killed in a police altercation. The officer was responding to a "shots fired" call and confronted the man, who reportedly grabbed the officer's gun while he was on the ground being handcuffed. The officer reported that the gun jammed in the man's grasp then fired twice into the man's back. He was subsequently handcuffed and died while on the ground. A grand jury declined to indict the officer and the family subsequently filed the wrongful death claim in civil court.
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.