Gainesville Wrongful Death Lawyer

Nothing is more tragic than losing a loved one in an accident caused by the negligence, recklessness, or intentional wrongdoing of another party. Not only can this be an emotional time for those surviving family members, but it can also cause significant financial strain on those left reeling with grief and anger from the loss. In these times, you may be able to file a wrongful death claim to recover compensation. Securing legal help from a Gainesville wrongful death lawyer can prove to be crucial.

At The Tolson Firm, LLC, we know that no amount of money will bring your loved one back to you, but it can help you recover financially and get back on your feet following their loss. In cases where the deceased individual was the main income provider of a household, their loss can be felt in many ways. Having access to financial compensation can be essential to lessening any monetary burdens so that you and your family can focus on processing your grief.

With years of experience behind us, the team at The Tolson Firm, LLC is here to help you understand your rights to a wrongful death claim. After suffering such a substantial loss, we can help guide you through the claims process with compassion and offer you the support and legal guidance necessary to navigate the complicated claims process.

We are ready to fight for you and your family and protect your rights to both legal compensation and the justice you deserve after a tragic loss.

Defining Wrongful Death Claims in Gainesville, Georgia

A wrongful death claim can become necessary and legally available when you lose a loved one as the result of an accident that occurred due to another party’s negligence, carelessness, recklessness, or criminal activity. There are several forms these accidents can take, and the factors involved will, most often, affect the type and amount of compensation you are able to receive.

The most common forms of accidents that can result in a wrongful death claim in Gainesville, Georgia, include the following:

• Car collisions. When your loved one dies in a car accident, you may have the ability to file a wrongful death claim. Oftentimes, these collisions come about as the result of distracted driving behaviors, such as texting, eating, drinking, or grooming while driving, reckless forms of driving like speeding or violating traffic laws, poor road maintenance, defective car parts, or in cases of another driver driving under the influence.
• Trucking accidents. Commercial trucks are a large part of our state and national economy and are essential to the employment of millions of people. However, due to their sheer size and heavy weight, these vehicles can cause devastating accidents and often fatalities. If you have lost a loved one in an accident with a commercial truck, you may be entitled to hold several parties accountable, such as the driver and their employer.
• Motorcycle accidents. Due to their build and nature, motorcycles offer their riders less protection than individuals who drive cars or commercial trucks. When a motorcycle collides with one of these vehicles, the rider can suffer severe injuries and even death. If you have lost a loved one in a motorcycle accident, the team at The Tolson Firm, LLC can help you gain the compensation necessary to recover financially from this loss.
• Slip-and-fall accidents. These accidents are a type of premises liability accident in which an individual enters the property owned by another party in a lawful manner and suffers an accident due to exposed wiring, slick surfaces, ice or snow, inadequate lighting, or the absence of guardrails or safety rails. Not all of these accidents turn out to be fatal, but when they do, our team of attorneys can help you hold the property owner liable.
• Defective products. When a product is placed on the consumer market without the necessary safety testing or when the results of a safety test go ignored, and that product causes injury or even fatalities, the manufacturers and designers of these products can be held liable for any harm. The most common products involved include medications, food and beverages, furniture, electronics, machinery, and car parts.
• Dog attacks. When a dangerous dog attacks an individual, and that individual dies either in the attack or as a result of injuries they suffer in the attack, certain family members of the deceased individual can hold the owner of the dangerous animal liable for the death and damages suffered. These cases can prove to be quite complicated, and it is wise to pursue these wrongful death claims only with the help of an experienced attorney.
• Nursing home neglect or abuse. When you and your loved one place your trust in the hands of nursing home facilities and their employees, and that trust is betrayed through negligence, recklessness, or intentional wrongdoing, it can lead to the untimely death of your loved one. If this happens, you have the ability to file a wrongful death claim against these employees and the nursing home facility.
• Medical malpractice. Doctors, nurses, and hospital systems have a certain duty of care to offer all their patients who seek medical assistance. When this duty of care is breached, horrific injuries and even death can occur. The most common instances of medical malpractice that result in death can include birth injuries, surgical errors, medication or anesthesia mistakes, or the failure to treat or diagnose.

If you have lost a loved one in any of these kinds of personal injury accidents, you may have the right to file a wrongful death claim against the liable party. However, in Georgia, you may only be eligible to take this legal action if you are related to the deceased individual in specific ways. In the order of priority, the following individuals have the ability to file a wrongful death claim after suffering the loss of a loved one:

• The surviving spouse of the deceased person
• The surviving children of the deceased person
• Surviving parents, if the deceased individual was not married and had no children at the time of their death
• In some cases, the legal representative of the deceased individual’s estate can bring a wrongful death claim against the liable party

Keep in mind that if you are the brother or sister of an individual who has tragically passed in a wrongful death accident, you will have to go through the official representative of your loved one’s estate in order to file a claim.

Damages Recoverable in a Wrongful Death Claim

There are several damages that may be available in your wrongful death claim. These damages can include the following:

• Economic damages. These are losses that can easily be assigned a monetary value and can include items like medical expenses incurred before the death of your loved one, loss of income, and funeral or burial costs.
• Non-economic damages. These damages are more difficult to assign financial value and can include things like the loss of companionship, the loss of consortium, emotional distress, mental anguish, loss of care, and pain and suffering.
• Punitive damages. In rare cases, if it is determined that the liable party acted with gross negligence or their behavior was particularly egregious, the courts may award punitive damages in a wrongful death claim. These damages are primarily intended to place harsher punishments on the party who was liable for the death and dissuade them from acting with similar negligence and recklessness later on. These types of damages can also be of high value.

When you work with the team at The Tolson Firm, LLC, we can review the details of your loved one’s loss and help calculate the overall value of your claim in order to pursue the maximum amount of compensation that may be available for your circumstances.

What Parties Can Be Held Liable for Wrongful Death?

A wrongful death can happen in a multitude of ways, and there may be multiple parties who can be held liable in a case, depending on the type of accident that has occurred. Typical wrongful death claims can hold the following parties liable:

• Medical staff
• Nursing home staff
• Negligent or reckless drivers
• Trucking companies
• Driver employers
• The actual owner of a vehicle
• Product manufacturers, designers, or distributors
• Pharmaceutical companies
• Animal owners
• Hospital systems

When you work with The Tolson Firm, LLC, we can review your loved one’s death and help determine which party or parties can be held liable for their loss.

Have You Suffered a Family Loss? You May Be Entitled to Compensation

At The Tolson Firm, LLC, our team of proud Black attorneys believes that you and your loved ones have the right to recover financial compensation and justice after the loss of a family member. When you need legal assistance in this complicated arena, we are here to help and can handle every aspect of your wrongful death claim. Let us come alongside you to help file the claim, gather evidence, negotiate with the involved parties, and take your case to court if needed.

We provide all of our clients with compassionate care and a robust set of comprehensive legal services. You can trust us to work to protect your and your family’s rights. Contact our office today for more information and to schedule your initial consultation.