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 professional wrestler's in-laws filed a wrongful death lawsuit against the wrestler's doctor after the wrestler strangled their daughter, smothered their 7-year-old grandson and then killed himself. The Georgia doctor is currently serving a 10-year prison sentence for illegally dispensing drugs.
The suit claims the doctor and distributors prescribed drugs that caused the wrestler's rage. It alleged that the doctor had a responsibility to monitor the wrestler and warn him of any drug side effects. The suit seeks financial damages to cover the "full value" of the deceased lives, along with money for pain, suffering and expenses.
The doctor previously pleaded guilty to writing 175 illegal prescriptions for 19 patients, including two that died of drug overdoses. He admitted to prescribing drugs such as Percocet, Oxycontin, Xanax and Lorcet to professional wrestlers who eventually became addicted to them.
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.