In recent news, Democratic Presidential nominee, Hillary Clinton, is facing a wrongful death suit from parents of two of the victims of the Benghazi attacks that occurred on September 11, 2012. The attacks, which took place at two separate American diplomatic compounds in Libya, took the lives of four Americans including Foreign Service Information Management Officer, Sean Smith, and CIA contractor, Tyrone S. Woods.
The parents of the victims are claiming that Clinton’s use of a private email server to send official government communications was a contributing factor to the attacks, which ultimately lead to the deaths of their sons. The lawsuit states that “the Benghazi attack was directly and proximately caused, at a minimum by defendant Clinton’s extreme carelessness in handling confidential and classified information,” such as the location of State Department Employees in Libya. The argument also notes that because of Clinton’s use of her personal email server, Islamic terrorists were able to track the movements of Ambassador Chris Stevens, who was also killed in the event.
Pat Smith, the mother of Sean Smith, spoke with deep emotion at the Republican National convention in July and stated that she personally blames Hillary Clinton for the death of her son.
Wrongful death suits are brought about by the surviving members of a victim’s family who believe that there was a loss of life due to the negligence or misconduct of another. Individuals found liable for wrongful death may or may not be convicted with a crime associated with the death.
Every state has their own statutes that establish the procedures for bringing about wrongful death actions, and can also include actions of personal injury, pain and suffering, as well as expenses incurred because of the death.
The circumstances surrounding a wrongful death claim vary, but can include a number of situations such as:
- Medical malpractice
- Criminal behavior
- Occupational exposure to dangerous conditions or substances
- Death during a supervised activity
- Auto accidents
There are numerous elements that must be established by the plaintiff in order to bring about a successful wrongful death case:
- The death of a human being caused by another party’s negligence or intent to harm
- The survival of family members who are suffering monetary injury as a result of the loss of life
- The appointment of a personal representative for the decedent’s estate
Damages in wrongful death lawsuit usually include the loss of support, services, lost inheritance, as well as medical and funeral expenses.
In the Clinton situation, Attorney Larry Klayman has filed the case in the U.S. District Court of the District of Columbia. Klayman is well known throughout the legal community for pursuing Hillary and Bill Clinton throughout the years.
Hillary Clinton’s lawyer, said in a filing that, “Nearly all of those lawsuits failed before or upon a motion to dismiss and Mr. Klayman has not prevailed on the merits on a single claim over his decades-long history of suing the Clintons.”
As of Friday, September 9, 2016, Clinton has since been declared in default by the court clerk. This simply means that she was served with court documents and did not answer the complaint. Her lawyers are claiming that the documents were not delivered to her, but to an unidentified security guard at her campaign offices and that neither she, nor her counsel, were aware that the guard accepted the copies of the complaint.
Garcia Law Group Isn’t Afraid of Big Challenges
If you believe you have a wrongful death on your hands because of the result of someone else’s negligence, then give Garcia Law Group, PLLC a call at (956) 681-8000. Our attorneys have the experience and legal know-how to fight for your rights against even the biggest names and corporations. We don’t back down, and we don’t give in, because we know how important it is for you to receive the justice you deserve. Contact us today.