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 Georgia solo practitioner brought a wrongful death lawsuit against General Motors after a nurse's Chevy Cobalt lost power on the highway causing the automobile to cross lanes and strike an oncoming car. During the course of the suit the attorney obtained more than 32,000 pages of related lawsuits and other documents from GM, he deposed more than 10 company engineers and questioned GM dealers about an ignition issue. The defect was known to some dealers, engineers and managers since at least 2004 according to the depositions.
The attorney initially sought information about the vehicle's power steering as the manufacturer issued a recall for power steering issues soon after the accident. But the black box from the nurse's car indicated that power had not only been cut off to the power steering but to the whole car. The key had effective shifted from drive and shut off the engine.
General Motors announced a recall of almost 800,000 automobiles shortly after a settlement was reached with the nurse's family. Less than a week later the manufacturer nearly doubled the recall and admitted that its vehicles could shut off while in motion if nudged by a driver or weighed down by a heavy key ring, thereby cutting power to the engine and air bags.
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.