Sandy Springs Wrongful Death Lawyer

Losing a loved one is never an easy experience. However, when that loss happens at the hands of a reckless or negligent party, or when that party takes actions that can be considered egregious or criminal, it makes the situation much worse. At this time, it may be wise to see if your case qualifies for a wrongful death claim. This legal option can help you obtain compensation and justice for your loss. A Sandy Springs wrongful death lawyer is crucial for recovering as much of your damages as possible.

At The Tolson Firm, LLC, we know that no amount of money will ever bring your lost loved one back to you. In some cases, it may feel fruitless to pursue this action. The reality is that you may be suffering financial hardship following your loss, especially if the deceased individual was the main breadwinner of your family. In times like these, you can trust our team to support you and offer you the legal guidance necessary to file a claim.

Oftentimes, the last thing anyone wants to deal with is a lengthy legal battle, especially when you are trying to process the grief felt after the loss of a close family member. Thankfully, the team at The Tolson Firm, LLC is here to handle all the complex legalities of a wrongful death claim so that you can focus on what is most important: your family’s healing and recovery. Let us fight to secure compensation for you and help you get back on your feet after your loss.

How a Wrongful Death Claim Works in Sandy Springs, Georgia

In Sandy Springs, Georgia, when an individual passes away as the result of the negligent, reckless, or wrongful actions of another party, their family members may be able to file a claim for compensation. The individual or entity that caused the death of your loved one can be held liable in court if you and your legal team are able to prove your case for negligence. This can be a complicated legal situation, and having an attorney on your side can prove to be essential.

When working to prove a wrongful death claim, there are four main elements that you and your attorney will need to show are present in your case. These elements include the following:

• The party responsible for the death owed your deceased loved one a certain duty of care. For example, in the case of a wrongful death claim based on medical malpractice, your loved one’s doctor, nurse, attending physician, or hospital system owed your family member a level or standard of care to treat them and their condition like any other medical professional would, given the same circumstances.
• The liable party then breached this duty of care through negligence, reckless behavior, or even wrongful intention. In the medical malpractice example, a doctor performing surgery might perform the surgery on the wrong body part, cause damage to surrounding tissues or organs, or leave surgical tools or instruments inside the patient after the surgery is complete; all actions that would breach their duty of care.
• You and your attorney must be able to demonstrate that these actions directly caused the death of your loved one.
• It must then be proven that the death placed you and your family in a difficult financial situation due to economic or non-economic damages.

An attorney can help you accurately calculate how much compensation you should request to cover the damages of your loved one’s death. The most common forms of damages available in a wrongful death claim include the following:

• Economic damages. These damages can easily be assigned a monetary value through physical or tangible evidence. They can include items like the medical expenses incurred by your loved one prior to their death as they pertain to the accident or injury that eventually resulted in death. They can also cover the lost wages or employment benefits of your loved one and any funeral or burial costs involved in the death.
• Non-economic damages. These damages are typically more difficult to assign a monetary value. These damages tend to be more abstract and can include things like pain and suffering, emotional distress, mental anguish, loss of companionship, loss of care, or loss of consortium.
• Punitive damages. In very rare cases, you and your family may be able to seek punitive damages for the loss of a loved one. These damages are often brought into a case where the courts deem the actions of the liable party to be extremely egregious or grossly negligent. These damages are used to further punish the liable party and persuade them not to take similar actions in the future. Punitive damages are also highly valuable in a claim.

In Georgia, there is a limit to which parties can bring forward a claim of wrongful death. In order of priority, the following individuals or groups of individuals have the right to file a wrongful death claim after the loss of a loved one:

• The deceased individual’s spouse
• Any surviving children
• If the individual wasn’t married and did not have children at the time of their death, their parents have the ability to bring forth a wrongful death claim
• In certain cases, the official representative of the deceased individual’s estate has the ability to bring forward a wrongful death claim in Georgia

Keep in mind that if you are the brother, sister, aunt, or uncle of a deceased individual and want to bring forth a claim of wrongful death, you will need to do so through the representative of your loved one’s estate. You cannot file this claim yourself.

How The Tolson Firm, LLC Can Help You and Your Family

For years, the team of proud Black attorneys at The Tolson Firm, LLC has assisted clients through the complex legal landscape of wrongful death claims. We understand the rules and regulations that surround these cases and have the ability to use this knowledge to our advantage in your claim. We have access to valuable resources, such as medical professionals who can provide testimony in a wrongful death claim should the need arise.

When you hire The Tolson Firm, LLC to represent you and your family’s interests in a wrongful death claim, you can expect us to take the following actions toward securing compensation for you and your family:

• Evidence collection. As soon as you hire us to work with you on a wrongful death claim, our attorneys can begin to collect evidence to support your case. Forms of evidence can include photos or videos of the accident scene or the injuries suffered by your loved one, the official police report from the accident, any surveillance footage covering the accident, statements made by eyewitnesses, or any employer wage reports, if applicable.
• Claim filing. In the state of Georgia, there is a strict timeline imposed for filing wrongful death claims. If you miss this deadline, you will most likely lose out on your chance for compensation. An attorney can help ensure that this deadline is met and that the paperwork for your claim is filled out correctly and filed through the proper courts and channels so any delays can be avoided.
• Negotiating a settlement. We can then enter into negotiations with the liable party, their legal teams, and their insurance providers in order to reach a fair settlement amount that covers the damages you and your family have suffered after the loss of your loved one.
• Court litigation. Should the liable party, their insurance company, and their legal team not cooperate in negotiations, an attorney from The Tolson Firm, LLC has the resources necessary to take your case to court and argue your claim before a judge and jury in order to obtain the compensation and justice you and your family deserve.

After the wrongful death of a loved one, trust can be a difficult thing to give out. At The Tolson Firm, LLC, we understand this and want to offer you the reassurance that your wrongful death claim is dealt with carefully and compassionately. Our team strives to ensure you receive the compensation necessary to recover from this immense loss.

Types of Wrongful Death in Sandy Springs

There are several types of wrongful deaths seen in Sandy Springs, Georgia. The following list of accidents or causes of death may allow you and your family to file a wrongful death claim:

• Car accidents
• Trucking accidents
• Motorcycle accidents
• Pedestrian or bicycle accidents
• Dog attacks
• Medical malpractice cases
• Nursing home abuse or neglect
• Slip and fall accidents
• Workplace accidents
• Defective product accidents
• Premises liability accidents

If your case does not match any of the situations listed above, and you believe that your case qualifies for a wrongful death claim, reach out to one of our skilled attorneys to discuss your eligibility. If you have lost a loved one in any of these types of accidents, the team at The Tolson Firm, LLC is here to fight for your right to compensation.

Have You Lost a Loved One to an Accident or Injury? Contact The Tolson Firm, LLC Today

Regardless of how you lost your loved one, The Tolson Firm, LLC can help you hold negligent parties liable for their actions and for the loss you have suffered. Contact our office today to learn more about how you may be entitled to compensation and to schedule your initial consultation with our team.