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, the Georgia Department of Transportation (GDOT) agreed to pay $600,000 to settle a portion of a wrongful death lawsuit after a woman was killed when the taxi in which she was riding crashed into a tree on a state highway.
The woman's husband filed a wrongful death suit against the taxi driver, the taxi company, a former city inspector and the GDOT. The claim alleged that the taxi had bald tires at the time of the accident, which occurred in the rain. The taxi had passed a city inspection a day earlier. The GDOT was sued for allowing a tree to grow close to the crash site on Interstate 85, for having a steep swale slope and poor drainage.
The GDOT agreed to pay $600,000 to settle the wrongful death lawsuit and established a more expansive tree clearance program. It also stated that it had no plans to change its drainage system or the slope design.
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 Shane Smith Law for a free consultation.