Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Attorney

Fighting For Those Who Have Lost a Family Member Due to Medical Malpractice in Georgia.

A wrongful death legal claim is brought against doctors, nurses, anesthesiologists, surgeons, and other medical personnel or health care providers when they have failed to provide the accepted level of care, leading to the death of a family member.

These cases usually involve unintentional acts or omissions that result in medical negligence or medical malpractice. If you believe that your loss was a wrongful death, contact an Atlanta wrongful death lawyer at our firm. We can help.

With almost two decades of professional experience helping individuals and families who have suffered severe injuries from medical malpractice, you can feel confident that you are receiving sound and knowledgeable legal counsel.

What Are Common Causes Of Wrongful Death?

Wrongful death claims can result from medication errors by doctors, nurses, psychiatrists, and dentists; emergency room errors by emergency room personnel, surgical errors by surgeons, nurses, and anesthesiologists; misdiagnosis by doctors and psychiatrists; brain injuries and medical equipment failure.

These unfortunate incidents can happen anywhere, from your doctor’s office to the emergency room at Grady Memorial. Medical malpractice is a particularly complicated area of law. To successfully win these cases, your attorney must have a firm understanding of medical procedures, the typical causes of these claims, and common standards of care.

At The Tolson Firm, LLC, our proud Black attorneys have several decades of experience in wrongful death cases. We fight for the loved ones of those who have lost their lives due to the following acts of medical malpractice:

• Surgical errors. These cases can arise when there has been negligence during a surgery that led to complications and subsequent death. Surgical errors might include causing injury to another area of the body during the surgery or leaving a medical device inside the body cavity.
• Hospital negligence. These kinds of wrongful death cases can cover a wide range of issues, including acquiring an infection during a stay at Piedmont Atlanta or suffering from inadequate monitoring at Emory University Hospital.
• Birth injuries. Some of the most tragic wrongful death cases tied to medical malpractice can occur when there is negligence during childbirth. This can lead to the death of the infant, the mother, or both.
• Failure to diagnose and misdiagnosis. When a medical professional is unable to diagnose or fails to correctly diagnose a medical issue, this can allow the actual condition to become worse over time, potentially leading to the death of the patient.
• Anesthesia and pharmacy errors. These can lead to a wrongful death when there have been errors made in the administration of anesthesia or medication, leading to the death of the patient.

Other causes of wrongful death in Atlanta not tied to medical malpractice cases can include car accidents, motorcycle accidents, nursing home abuse, poor or faulty security, and unsafe premises. At The Tolson Firm, LLC, we can help you, no matter how your loved one’s death came about. Our team can offer you the compassion, counsel, and representation you deserve.

Why The Tolson Firm, LLC, Is the Right Choice

Securing fair compensation following a wrongful death can be a difficult task. However, with the aid of the seasoned attorneys at The Tolson Firm, LLC, we can make sure the compensation you and your loved ones receive is fair, considering the loss you have suffered. We can benefit your case in a variety of ways, including the following:

• Conducting an investigation. After the accident that caused the death of your loved one, the police and other agencies will likely launch an investigation into the fatality. Your attorney can perform a separate investigation to determine who and what exactly caused your loved one’s death. This process can include gathering vital evidence to prove fault for their death.
• Handling paperwork. Your attorney can then manage the large quantity of insurance tasks and paperwork needed for your claim to move forward. Instead of worrying about the claim’s legalities and insurance requirements, let our attorneys handle these items so you can focus on your family during this difficult time.
• Estimating the value of your claim. Your attorney from The Tolson Firm, LLC, can review every detail of your case and estimate the losses you and your loved ones have suffered due to the wrongful death. These damages can include lost future income, loss of services, loss of support and care, medical bills, and lost inheritance.
• Negotiating. After proving who caused your loved one’s wrongful death, your attorney can then send a demand letter for a settlement to the correct insurance company. They can then enter negotiations with this party to pursue a fair settlement when possible.
• Filing a legal claim. Generally, wrongful death claims filed in Atlanta are resolved through a settlement. However, if the insurance company refuses to reach a fair agreement, your attorney from The Tolson Firm, LLC, can file an official personal injury claim to take the insurance company and liable party to court.

How a Medical Malpractice Wrongful Death Is Legally Established

To have a valid medical malpractice wrongful death claim, the claim must prove the following:

• Violation of care. In Atlanta, the medical profession recognizes specific standards as being the correct and acceptable treatment. Any qualified medical professional would provide this level of treatment, given similar circumstances. This is considered a “standard of care.” If your attorney can show that the standard of care in your loved one’s case has not been met, negligence can be established.
• Negligence caused the death. Your attorney must then prove that the death occurred due to negligence. They must show that it would not have otherwise taken place if the doctor or physician had not acted with negligence.
• The death led to significant damages. Your attorney must then prove that you and your loved ones suffered considerable damages due to the death. These damages can include loss of income, suffering, hardship, and/or significant medical expenses.

What Damages Could Be Recovered in a Wrongful Death Claim?

Losing a loved one is a devastating experience. When that loss is because of the negligence or intentional actions of another party, the grief could be compounded by the need for legal action. Potential damages that could be recovered may include:

• Compensatory Damages: One of the primary objectives in a wrongful death claim is to seek compensatory damages on behalf of the surviving family members. These damages could include medical costs incurred before the victim’s death, funeral and burial costs, and any additional financial losses directly related to the incident.
• Lost Wages and Future Earnings: If the deceased was a breadwinner, the family may be qualified for compensation for lost wages and possible future earnings. We work diligently to assess the economic impact of the loss and ensure that the family receives fair and just compensation for these financial setbacks.
• Pain and Suffering: While no amount of money can truly compensate for the emotional pain caused by the loss of a loved one, the legal system allows for the recovery of damages related to the pain and suffering experienced by the deceased before death. We strive to convey the emotional toll to the court to secure appropriate compensation for this aspect of the claim.
• Loss of Companionship: Families are entitled to seek damages for the loss of companionship, love, and guidance resulting from the untimely death of a family member. We can work closely with clients to understand the depth of this loss and present a compelling case to secure damages that reflect the true impact on the family unit.

Who Can File for a Wrongful Death Claim?

Understanding who has the legal status to file a wrongful death claim is crucial in pursuing justice for the deceased. The Tolson Firm, LLC, guides clients through the intricate process, ensuring that those entitled to compensation are properly represented.

• Immediate Family Members: In Georgia, immediate family members like spouses, children, and parents are typically the first in line to file a wrongful death claim. These individuals are considered the most affected by the loss and are granted priority in seeking compensation.
• Distant Family Members: In cases where immediate family members are unavailable or unwilling to pursue a wrongful death claim, certain distant family members, like siblings or grandparents, could be eligible to file. The eligibility criteria can vary, and we can meticulously assess each situation to determine the appropriate course of action.
• Financial Dependents: Those who were financially dependent on the deceased, even if not related by blood or marriage, may also have the right to file a wrongful death claim. We can carefully evaluate the financial interdependence between the deceased and potential claimants to build a solid case.

FAQs

Q: How Much Can a Wrongful Death Lawyer Charge in Georgia?

A: How much a wrongful death lawyer might charge for their services in Georgia depends on several variables. These variables can include the duration and complexity of the case and the skill of your lawyer. It is important to discuss fee arrangements with any attorneys you are considering before hiring them

Q: How Do I File a Wrongful Death Claim?

A: Before you can file your wrongful death claim, you need to know if you are eligible to do so. If you are, you must act within the legal deadline, whether your loved one has died due to a surgical error at Buckhead or a birth injury at Grady Memorial. You and your attorney can then gather evidence to support your case and file the official claim against the liable party, hospital, and/or insurance company.

Q: What Is the Statute of Limitations on a Wrongful Death in Georgia?

A: In Georgia, you have two years from the time of your loved one’s death to file a claim. This is known as the “statute of limitations.” If you do not file your wrongful death claim before this two-year window has passed, you and your family members could lose your chance to recover compensation.

Q: How Long Can a Wrongful Death Claim Take?

A: Without first knowing the exact details of your case, it is impossible to know how long your wrongful death claim may take. However, several factors can influence the overall timeframe of your claim, including the complexity of the case, the availability of evidence, and the courts themselves, and the cooperation of all parties involved.

Contact Our Atlanta Wrongful Death Attorney Today

Our dedicated legal team understands that financial compensation is never enough after the loss of a beloved family member. You may have been left with huge medical bills and other financial concerns as a result of lost wages from missing work prior to your death. Pursuing your case through the legal system and with the help of a proven team of professionals is a way for you to fight back and help make a positive change that will better a bad situation.

We are experienced in handling wrongful death cases and have litigated dozens of multi-million dollar cases to successful resolution for our injured clients and their family members. We invite you to contact us and discuss the details of your wrongful death case. We can help to evaluate the case and provide you with our professional opinion about how to proceed.