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 MARTA police officer was cleared of all wrongdoing in the shooting death of a man he believed was armed following a street fight outside a rail station. The shooting had led to a wrongful death suit filed against MARTA by the 19-year-old's family.
The shooting took place after a high school football game in at the Georgia Dome. The victim and some friends had been ejected from the stadium after being involved in a chair-throwing fistfight. Telephone records showed that the victim asked a friend to bring him a weapon. The fight resumed at the train station and witnesses saw the victim get a gun from a car. The officer pursued the man on foot and chased him into some bushes. When the man came out of the bushes he turned toward to officer, who shot him three times. The officer claimed he thought the man made a threatening move; no weapon was found on the victim but a gun was found in the bushes.
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 Shane Smith Law for a free consultation.