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, three pedestrians were killed in five auto accidents within a week on Georgia roads. A 61-year-old man was the fifth pedestrian to be hit and the third to die in April. The man was killed when he attempted to cross a highway in the evening while wearing dark clothes and pushing a lawnmower. Toxicology reports indicated that the pedestrian was intoxicated at the time of the accident.
The other recent accident fatalities were teenagers. A 14-year-old was struck and killed crossing a street, a 13-year-old died at the scene after being struck by a car while running away from a dog.
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 the investigation proves that negligence on the part of the driver was responsible for the pedestrian's death then there may be grounds for the victim's family to file a wrongful death claim.
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.