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, attorneys for a former teacher who was convicted of raping his 14-year-old student say his 30-day jail sentence in a wrongful death suit was sufficient. The student subsequently committed suicide which her parents attribute to the rape's effects.
The trial garnered national attention as the trial judge stated during sentencing that the teenager "appeared older than her chronological age" and "was probably as much in control of the situation as the defendant." Prosecutors want to send the freed rapist back to jail. They said in an appeal of his sentence that he should have served a minimum of four years. The rapist was sentenced to 15 years in prison with all but one month suspended.
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.