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 25-year-old Georgia man lost control of his vehicle while driving in the rain in another state and struck a tree, killing his best friend who was riding in the passenger seat. A police investigation located the automobile's black box that indicated the vehicle was traveling 64 mph in a 35 mph zone when the driver attempted to make a U-turn. The driver pled no contest to one count of aggravated vehicular homicide in exchange for the dismissal of a second count of aggravated vehicular homicide alleging that the driver was intoxicated at the time of the accident. A related charge of improper handling of firearms was also dismissed.
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 an investigation proves that there was negligence on the part of the driver then there may be grounds for the victim's family to file wrongful death claims.
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.