Roswell Wrongful Death Lawyer

The sudden death of a loved one can be a tragic and emotionally draining experience. When that death was caused by the intentional wrongdoing or negligence of another party, it can be even more traumatic. In times like these, the last thing you probably want to do is face a lengthy court or legal battle.

However, you may be entitled to compensation through a wrongful death claim. A Roswell wrongful death lawyer can help you and your loved ones obtain financial compensation through a successful claim by gathering evidence of the circumstances surrounding the death and strengthening your case.

At The Tolson Firm, LLC, our attorneys know that there is no amount of money in the world that will bring your loved one back to you. However, this compensation may be able to assist you and your family during your grief and healing process and can ease the burden of any financial hardship left to you from the loss of your loved one. In these situations, our attorneys can come alongside you and help you hold the liable party accountable for their actions.

If your family member has died due to negligence or other misconduct, it’s time to hire the proud Black attorneys at The Tolson Firm, LLC. In Roswell, Georgia, wrongful death claims can be filed by the surviving spouse of a victim, the victim’s children, a parent, or a representative of their estate, depending on the circumstances. These parties can trust our firm to fight for their right to compensation so that they can recover from their terrible loss.

How to Prove a Wrongful Death Claim in Roswell, Georgia

In Georgia, a wrongful death claim can be difficult to prove without the assistance of an attorney. When you work with The Tolson Firm, LLC, our attorneys have the experience and resources necessary to collect evidence to support your claim, including any medical records, employment wage statements, photos or videos of the scene of the accident, official police reports, and any statements made by eyewitnesses.

When proving a claim for liability, such as in the case of a wrongful death, you and your attorney will need to be able to demonstrate the truth of the following statements and their presence in your case:

• The person or entity responsible for the death owed a specific duty of care to your loved one. For example, in a car accident wrongful death claim, the negligent or reckless driver owed a duty to others on the roadway to operate their vehicle in a safe and lawful manner.
• This responsible party breached their duty of care through an act of negligence, reckless behavior, or even intentional wrongdoing. To continue the car accident example, a driver can breach their duty of care by operating their vehicle while under the influence of drugs or alcohol.
• This negligence, reckless behavior, or willful wrongdoing caused the death of your loved one. In a car accident, your loved one suffered death or injuries which lead to death because of the negligent driver’s drunk or drugged driving.
• Your loved one’s death then resulted in you and your family suffering certain damages. For example, if you lost a loved one in a car accident, these damages may include the medical expenses paid out to try to save your loved one’s life, transportation to the hospital, and any surgery that was attempted to avoid death.

There are several parties who may be held liable in a wrongful death claim in Georgia, depending on the exact nature and circumstances in which the death came about. The most common parties held liable in a wrongful death claim include:

• Negligent or reckless drivers
• Commercial truck drivers
• The employers of commercial truck drivers
• The designers or manufacturers of certain defective products
• Animal owners
• Medical staff, such as doctors or nurses
• Hospital systems
• Nursing homes and staff members
• The actual driver of a vehicle, if the deceased individual was a passenger
• Property owners or managers
• Certain local or state municipalities
• Contractors or subcontractors

Your attorney from The Tolson Firm, LLC can review the details of your loved one’s death, help you determine which parties can be held liable for the death, and seek financial recovery from these parties through a wrongful death claim.

Common Types of Wrongful Death

A wrongful death can occur in many ways. The most common cases of wrongful death seen in Roswell, Georgia, include the following:

• Car accidents. Car accidents are one of the most common causes of wrongful death in the state of Georgia. These accidents commonly arise due to reckless driving behaviors, such as speeding or violating traffic laws, and distracted driving behaviors, such as texting and driving, interacting with passengers, or adjusting temperature and radio controls. Notably, car accidents can result in wrongful deaths when a driver operates their vehicle under the influence of drugs or alcohol.
• Commercial trucking accidents. Due to their sheer size and weight, commercial trucks can pose a dangerous threat to other drivers on roadways. When truck drivers operate their vehicles while fatigued, exhibiting reckless or distracted driving behaviors, under the influence of drugs and alcohol, or with an overloaded trailer or improperly loaded cargo, horrific accidents can occur, resulting in fatalities.
• Motorcycle accidents. Motorcycles offer a thrilling way to explore the state of Georgia. However, due to their lack of protection for riders, devastating injuries and fatalities can occur when an accident involves these vehicles. The most common reasons for motorcycle accidents include distracted or reckless driving and other drivers operating their vehicles under the influence of drugs or alcohol.
• Pedestrian and bicycle accidents. When a pedestrian or bicycle rider is struck by another vehicle in Georgia, fatalities often occur. The most common reasons for these accidents can include drivers who do not pay attention to the roadways around them and operate their vehicles in a reckless or negligent manner. If you have lost a loved one in a bicycle or pedestrian accident, the attorneys at The Tolson Firm, LLC can help.
• Medical malpractice. At some point in life, many individuals will need to seek medical attention. In seeking medical attention, you are placing your trust in the hands of doctors, nurses, and hospital systems. When this trust is betrayed, a fatality can occur. The most common cases of medical malpractice include surgical errors, birth injuries, medication or anesthesia errors, and failure to diagnose or treat a medical condition.
• Nursing home negligence. It is common for elderly loved ones to move into nursing homes or other long-term care facilities. In unfortunate situations, these facilities may provide negligent care, and elderly loved ones may suffer abuse at the hands of the facility or caretakers. Common forms of nursing home negligence can include the improper use of chemicals and physical restraints, resulting in infections, illness, injury, and death.
• Premises liability. When an individual visits a property owned by another party in a lawful manner and suffers an injury and subsequent death, you and your family members may hold the property owner or manager accountable for this loss of life. The most common cause of premises liability wrongful death claims includes slip-and-fall accidents.
• Defective products. When a product is placed on the consumer market without adequate safety testing, or when safety tests have been ignored by a manufacturer or designer, that manufacturer or designer can be held liable should the product result in fatality for consumers. The most common products involved in these kinds of wrongful death claims include furniture, medication, food and beverages, electronics, and vehicle components.

Regardless of how the death of your loved one came about, if it was caused by the negligence or reckless behavior of another individual or entity, the attorneys at The Tolson Firm, LLC are here to help. Let us review your case, collect the necessary evidence to support your claim, and assist in filing the official claim paperwork. If court litigation becomes necessary, we can enter into negotiations with the liable party, their insurance companies, and their legal team to secure an optimal outcome for your situation.

Damages Available

There are several forms of damages available to you and your family members after the death of a loved one. These damages can include:

• Medical expenses
• Lost wages or employment benefits
• Funeral costs
• Burial expenses
• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of companionship
• Loss of care
• Loss of consortium
• Punitive damages awarded to punish the liable party and dissuade them from taking similar actions in the future

The Tolson Firm, LLC can review the details of your case and help you determine which kinds of damages may be available to you and the overall value of your claim.

Have You Lost a Family Member Due to Negligence? The Tolson Firm, LLC Can Help

At The Tolson Firm, LLC, our wrongful death attorneys have the experience and resources necessary to represent you and your loved ones in a wrongful death claim. We can help you recover the compensation and justice you deserve. Now is not the time to delay. Instead, reach out to our office today to schedule your initial consultation and learn more about how we might be of service to you. At this time, it is important to remember that you are not alone.