According to statistics from the Centers for Disease Control and Prevention (CDC), there were 126,438 unintentional injury deaths in 2010; this was the fifth highest cause of death in the United States. By comparison, there were 33,783 auto accident deaths.  

Georgia wrongful death attorney Shane Smith can help a victim's family receive compensation for their loss.

Georgia wrongful death is a statutory cause of action that is legislatively defined. A wrongful death claim may exist when there is:

  • A death, and
  • The death was caused by the negligent, reckless, intentional, or criminal acts or another person or business.

Negligence is defined as the failure to exercise reasonable care not to harm someone or the failure to ensure the safety of someone to whom there was such a duty. It often exists where someone failed to do something that a reasonably prudent person would do under the same circumstances.

Civil wrongful death lawsuits can be filed in situations where no criminal charges are brought against the defendant. Similarly, a civil wrongful death lawsuit can be brought even though there are criminal charges filed against the defendant. A civil wrongful death case can be pursued before, during or after a criminal case against a defendant. Criminal cases and a wrongful death cases involving the same event are different proceedings and independent of the other; neither impacts the other. A defendant's acquittal of criminal charges has no bearing on a civil wrongful death case. A wrongful death claim can be pursued and won though the defendant may not be found criminally liable. 

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.

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