Fulton County Wrongful Death Lawyer

Death can happen in a wide variety of situations, but when that death occurs due to the negligence, recklessness, or intentional wrongdoing of another individual or entity, the amount of pain and anger felt can be insurmountable. If you believe that someone else is at fault for the loss of your loved one, it is vital that you retain the counsel and representation of a Fulton County wrongful death lawyer who can help you navigate the complex legalities of these claims.

At The Tolson Firm, LLC, we have been assisting clients with wrongful death claims for over two decades. We understand the difficulties and emotional challenges involved in these legal cases, and we extend our deepest sympathies to you and your family. We are committed to working alongside you at this time to ensure you receive both the monetary compensation and justice you deserve after suffering the loss of a loved one due to negligence.

Our attorneys understand that filing a claim can’t bring your family member back to you, but it can hold the liable party accountable for the pain and damages they caused you. After the loss of a loved one, especially in cases where they leave behind dependents, monetary compensation can help loved ones get back on their feet and financially recover from the loss. At The Tolson Firm, LLC, we are here to assist you with your claim.

What Is Wrongful Death in Fulton County, Georgia?

In the state of Georgia, a wrongful death occurs when an individual dies as a result of the negligent, reckless, or intentionally wrongful behavior of another party, such as a business, corporation, or government body. In some cases, these acts can even be considered criminal, and you can have both a civil and criminal case brought against whoever is responsible. You must be able to prove that the liable party is responsible for the death in order to file a claim.

Most wrongful death claims can be settled outside of court through negotiation, which is one reason why having a talented lawyer on your side is so important. Additionally, some cases may proceed to a courtroom trial, and having an attorney who is skilled in the art of trial litigation is vital. Our attorneys come with years of negotiation and litigation experience and are ready to put that experience to use in protecting your rights and your claim.

A wrongful death can result from various causes. Some of the most common causes of wrongful death include the following:

• Motorized Vehicle Accidents: Some of the most common wrongful death cases involve car accidents, commercial trucking accidents, motorcycle or bicycle accidents, and even accidents involving pedestrians. These accidents typically occur due to drunk driving, speeding, failing to yield, or other acts of reckless driving, as well as poor road conditions due to municipal negligence and forms of distracted driving.
• Dangerous or Defective Products: When a designer or manufacturer of a product fails to test a product, or places it on the market with full knowledge of its defects, they can be held liable in a wrongful death case. Some of the most common of these cases involve defective or dangerous medication, medical devices, food, beverages, electronics, furniture such as cribs or strollers, car components, and illegal alcohol service.

• Workplace Injury: If your loved one dies as a result of a workplace injury, there may be certain parties you can hold liable, depending on the exact nature of the accident. Causes of workplace injuries and accidents can include falling from great heights, such as off scaffolding, being struck by an object, suffering an amputation or a crushing or pinning injury, being involved in a workplace vehicle accident, and electrocution.

• Premises Liability: In the state of Georgia, owners and managers of properties such as apartment complexes, gas stations, and grocery stores have a duty to ensure the safety of the individuals visiting these places. When this duty is breached and a death occurs, these parties can be held liable. One of the leading causes of premises liability cases are slips, trips, and falls due to poorly maintained property or other hazards.

• Medical Malpractice: When a loved one dies as a result of medical malpractice, you may have the right to hold both the attending physician and the involved hospital liable for the death. Cases of medical malpractice often involve surgical or medication errors, birth injuries, incorrect treatment, failure to provide treatment, wrong-site surgeries, anesthesia errors, a mix-up of patient records, and incorrect, missed, or delayed diagnoses.

• Elder Abuse or Neglect: If your loved one dies as a result of elder abuse or neglect while in a nursing home or assisted living facility or while receiving in-home care, you have the right to hold the individuals involved, and potentially the institution, responsible for the damages you have suffered as a result of this death.

• Criminal Acts: If a loved one dies as a result of a criminal act, you may hold the right to file a civil claim in addition to criminal charges. Criminal acts that can result in wrongful death include domestic violence, child abuse or neglect, assault and battery, and even certain types of homicide.

If you have lost a loved one in any of the ways listed or in another incident involving negligence, you have the right to file a claim and seek monetary compensation to recover damages and seek justice for your loss. No one deserves to experience the wrongful death of a loved one, but these situations can happen, and when they do, you need the assistance of a qualified and experienced personal injury attorney like those at The Tolson Firm, LLC.

The Tolson Firm, LLC: Protecting Your Rights in a Wrongful Death Claim

Over the years, the team at The Tolson Firm, LLC, has been assisting individuals with a wide range of wrongful death claims. On your behalf, we can gather evidence to prove your claim, file your claim within the timeline given by the state statute of limitations, negotiate a fair settlement, and take your claim to court if litigation becomes necessary.

What Parties Can File a Wrongful Death Claim in Georgia?

When an individual dies in a case of wrongful death, only certain family members are permitted to seek compensation and justice through a wrongful death claim. These family members are given priority based on the nature of their relationship with the deceased. In Fulton County, Georgia, the individuals who are allowed to file a wrongful death claim after the loss of a family member can include the following:

• The surviving spouse or children of the deceased individual
• The surviving parent or parents of the deceased if they had no spouse or children
• A personal representative from the estate of the deceased if there is no surviving parent, child, or spouse

What Damages Are Available in a Wrongful Death Claim?

While no amount of money will bring your loved one back, it can be extremely helpful during the recovery process following the loss. Family members or loved ones who are eligible to file a wrongful death claim can potentially recover compensation for the following damages in a successful claim:

• Loss of income and financial support the deceased individual provided while they were still alive.
• Any lost benefits, wages, or income the deceased person would have earned.

• The loss of companionship, care, support, and love following the death.

• Medical costs as they pertain to the treatment the deceased individual received before they died.

• Funeral costs and burial expenses.

• Pain and suffering.

• In certain, rare cases, punitive damages to punish the liable party if their actions were deemed especially egregious. These damages are meant as an additional punishment to discourage similar future behavior.

What Is the Georgia Statute of Limitations for a Wrongful Death Claim?

In the state of Georgia, individuals have exactly two years to file a wrongful death claim following the death of the individual. This is known as a statute of limitations. In other words, if you do not bring this claim forward within this timeframe, you can lose out on your chances to recover compensation and hold the liable party responsible for their actions or lack thereof. This is one of the many reasons why it is so vital to consult an attorney right away to file your claim.

Speak With a Skilled Black Personal Injury Attorney Today

If someone you love died due to another party’s negligence, recklessness, or even intentionally wrongful behavior, the team at The Tolson Firm, LLC, is here to help. We are proud Black attorneys ready to fight the good fight to ensure you receive the compensation and justice you deserve for the loss of your family member. We know pursuing a claim won’t replace them, but it can offer means for your healing and recovery.

Contact our office today and schedule your consultation with our legal team. Let us work alongside you during this challenging time and offer the legal support and compassionate guidance you need to secure a successful settlement.