When one of your loved ones dies, the grief you feel can be insurmountable. When that loss is caused by recklessness, negligence, or even intentional wrongdoing, the grief you feel will only be exemplified by anger and uncertainty over the future. After a sudden loss, you may wonder how you will pay for the medical bills or funeral and burial costs. Filing a wrongful death claim with the legal assistance of an Alpharetta wrongful death lawyer can help you seek compensation.
At The Tolson Firm, LLC, we know that money is not going to bring your beloved family member back to you. However, it can help pay for any medical debt associated with the loss of your loved one or, if your loved one was the primary income maker of your family, can help you recover their lost wages or employment benefits. Allow our team to come alongside you at this difficult time and help you recover both the compensation and justice you need to recover.
After the loss of a loved one, it is vital that you understand your rights. Our compassionate team of proud Black attorneys is here to provide you with the legal support and guidance you need to file a wrongful death claim, collect the necessary evidence, and work to recover compensation through negotiations or litigation. The experienced wrongful death claim attorneys at The Tolson Firm, LLC, are ready to stand by your side and fight for justice.
How to File a Wrongful Death Claim in Alpharetta, Georgia
In the state of Georgia, wrongful death occurs in cases where the death of a human being is the direct result of a crime, criminal activity, intentional wrongdoing, negligence, or reckless behavior. Parties with specific connections to the deceased individual have a right to file a wrongful death claim. These parties can include the following, in order of priority:
- The surviving spouse of the deceased person
- The surviving children of the deceased person
- If the individual passes away without a spouse or without children, then the parents can file a wrongful death claim
- In certain cases, the official representative of the deceased individual’s estate has the ability to file a wrongful death claim
It is important to keep in mind that if you are the brother, sister, aunt, or uncle of the deceased person, you will need to go through the representative of your loved one’s estate and have them file the wrongful death claim against the liable party.
You may wonder which parties can be held liable for your loved one’s death in a wrongful death claim. Often, the liable parties will directly correspond with the type of accident that resulted in the loss of your loved one. Parties most commonly held liable in wrongful death claims include the following:
- Negligent or reckless medical staff, including doctors, nurses, or other attending physicians
- The hospital or medical facility
- Nursing home staff or the facility organization
When you work with the attorneys at The Tolson Firm, LLC, we can review the details of your loved one’s death and help determine which party to hold liable in your claim. We can also make a determination of the overall value of your wrongful death claim by calculating the following kinds of damages and their presence in your claim:
- Economic damages. These damages come into play in cases where you can prove you and your family have suffered monetary or financial hardship after the loss of your loved one. These damages can easily be assigned a financial value and include items such as medical costs, lost wages or employment benefits, and any funeral or burial costs associated with the loss.
- Non-economic damages. These damages can prove to be a bit more difficult when it comes to assigning them an official monetary value as they tend to be more abstract. These damages can include things like pain and suffering, emotional distress, mental anguish, loss of companionship, loss of care, and the loss of consortium.
- Punitive damages. These damages, though rarely awarded in wrongful death claims, can add substantial value to the claim overall. These damages are awarded in order to punish the liable party for any particularly egregious or grossly negligent behavior and in an effort to dissuade them from taking similar actions in the future.
How to Prove a Wrongful Death Claim in Georgia
Proving a wrongful death claim can be a tricky legal scenario, and it is wise to do so only with the assistance of an attorney. When proving liability in these claims, you and your attorney will need to demonstrate the existence of the following four elements in your case:
- You will first need to prove that the liable party owed your loved one a certain duty of care. For example, when a commercial truck driver has the duty of operating their vehicle in a safe and legal way in accordance with the state laws, federal laws, and trucking regulations that are put in place to keep these kinds of accidents from happening.
- You will then need to demonstrate that the liable party breached their duty of care through negligence, recklessness, or intentional wrongdoing. If the driver of a commercial truck was operating their vehicle while under the influence of drugs or alcohol, they are violating state and federal laws, as well as committing a direct breach of duty.
- The next element that will need to be proven is that this breach of duty resulted in the death of your loved one. If your loved one was driving another vehicle, operating a motorcycle or bicycle, or simply walking down the street, and they were struck by a commercial truck operated by a drunk or drugged driver, this would be a clear demonstration that the driver’s negligence or recklessness caused your loved one’s death.
- The following element that needs to be proven is that you and your family members suffered certain damages as a direct result of this breach of duty and the loss of your loved one. To further illustrate this with the example of a drunk commercial truck driver, if your loved one was rushed to the hospital in an attempt to save their life and surgery was performed, medical costs, such as ambulance fees and surgery fees, can accrue and count as damages.
Facing the Unthinkable After Losing a Loved One Due to Medical Malpractice in Alpharetta
When a loved one dies due to someone else’s negligence, the pain is unimaginable. If you believe medical malpractice played a role in your loved one’s passing, the Alpharetta wrongful death attorneys at The Tolson Law Firm are here to help you navigate this difficult time.
We understand that no amount of money can truly compensate for your loss. However, holding negligent parties accountable can provide a sense of justice and closure, while also securing financial stability for your family’s future. Our experienced legal team is dedicated to fighting for the maximum compensation you deserve.
We Handle All Types of Wrongful Death Cases in Alpharetta, Including Those Stemming From the Following Medical Malpractice Issues:
- Surgical Errors: Negligence during surgery can have devastating consequences. We handle cases involving wrong-site surgery, retained surgical instruments, anesthesia errors, and post-operative complications.
- Misdiagnosis or Delayed Diagnosis: A missed or delayed diagnosis can be fatal. We represent families who have lost loved ones due to failures to diagnose cancer, heart conditions, strokes, and other serious medical conditions.
- Medication Errors: Medication errors are a leading cause of preventable death. We handle cases involving incorrect dosages, wrong medications, and failure to identify dangerous drug interactions.
- Birth Injuries: The joy of childbirth can turn to tragedy when medical negligence results in birth injuries. We represent families who have lost infants or suffered the wrongful death of a mother due to negligence during pregnancy or childbirth.
- Nursing Home Neglect and Abuse: Elderly loved ones deserve compassionate care. We fight for justice when nursing home neglect or abuse leads to wrongful death.
Why Choose The Tolson Law Firm for Wrongful Death Due to Medical Malpractice
- Local Expertise: We have a deep understanding of the Alpharetta legal community and a proven track record of success in local courts.
- Personalized Attention: We treat every client with compassion and respect, providing individualized guidance and support throughout the legal process.
- Aggressive Representation: We are relentless in our pursuit of justice for our clients, and we won’t back down from a fight.
- No Fee Unless We Win: You pay nothing unless we secure a recovery on your behalf.
If You Have Suffered Loss, It’s Time to Speak with an Attorney
If you have lost a loved one due to the negligence, recklessness, or intentional wrongdoing of another party, it’s time to hold this party liable and seek the compensation and justice you and your family deserve. The attorneys at The Tolson Firm, LLC are here to assist you and offer you the legal guidance and support necessary for a successful claim. Contact our offices today to speak with our team and schedule a consultation.