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 30-year-old woman was killed when she fell out an Atlanta hotel room window. The woman and one of her friends leaned on the glass window in the 10th floor room when it shattered, causing both women to fall out. The friend landed on a sunroof just below the window and was critically injured. The other woman, who was celebrating her birthday, rolled off the sunroof and struck the ground.
The lawsuit alleges that the hotel management knew that the glass was unsafe yet it did not resolve the problem. The hotel claims that the glass was replaced, but the glass company used the wrong glass. A recent hotel renovation did not include permits for new windows.
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.