A Cobb County man was killed and an 8-year-old child was injured recently after a shooting led to a traffic accident. Investigators noted that the Saturday afternoon crash occurred when an adult male driver was hit by gunshot in the 4000 block of Austell Road. The driver then crashed into the side of the RaceTrac gas station building. The man was transported to the hospital, where he later died from his injuries. The child, who was sitting in the backseat of the car, suffered minor injuries from the accident, but was not hit by gunfire. At the time the report of the accident was published, police had not indicated a possible motive for the shooting or released the name of a suspect.
The experienced car accident attorneys at Cambre & Associates are often asked if compensation can be recovered through a personal injury or wrongful death lawsuit for intentional acts, such as injuries caused by gunshot. The answer is yes. If you have been injured by an intentional act, you can pursue compensation for the expenses and quality-of-life impacts you experienced from your injury through a civil claim, even if the at-fault party was arrested for the act and is also undergoing criminal proceedings. A lawsuit filed for the purpose of obtaining compensation after an intentional act results in injury or death is known as an intentional tort.
In an intentional tort, the same basic elements of tort claims based on negligence must be adhered to. You must show:
- The at-fault party owed you a duty of care, which refers to the way a reasonable person would have behaved in similar circumstances.
- There was a breach in the duty of care, meaning the at-fault party took an action that was contrary to the way a reasonable person would have behaved.
- This breach resulted in the injury and subsequent expenses and impacts.
Have you been injured by an intentional act? Contact us today to learn more about the process of obtaining compensation.