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 judge approved a settlement between Toyota and the Justice Department for $1.2 billion after the auto manufacturer failed to properly protect consumers from unexpected acceleration in its vehicles. A judge called the actions fatal corporate fraud after an acceleration problem created by sliding floor mats led to multiple deaths. Nearly 400 related U.S. wrongful death and injury lawsuits are nearing settlement. Many of the actions have been consolidated in California state and federal courts, though an Oklahoma jury awarded $3 million in damages to the injured driver of a Camry and to the family of a passenger who was killed.
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.