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 brother and sister were changing a tire on a Clayton County highway on-ramp when they were struck by a Mercer University professor. The 30-year-old sister died at the scene and her 23-year-old brother died at a hospital a short time later. According to the Atlanta Journal-Constitution, the two were changing a tire on the V-shaped area where the on-ramp merges with the highway. The 61-year-old professor admitted he was tuning his radio and looking over his shoulder when he struck the pedestrians. He was arrested at the scene and charged with failure to use due care and two counts of homicide by vehicle in the second degree.
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 either driver was responsible for the passenger'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 Shane Smith Law for a free consultation.