Clayton County Wrongful Death Lawyer

Clayton County Wrongful Death Attorney

When your loved one’s life is cut short due to an act of negligence, recklessness, or even intentional wrongdoing, you are likely feeling immense amounts of grief and confusion. From deadly car wrecks along I-75 to surgical errors at Southern Regional Medical Center in Riverdale, a Clayton County wrongful death lawyer can file a claim on your behalf and fight for you.

At The Tolson Firm, LLC, our team of proud Black attorneys has over 20 years of experience in representing clients who have lost a loved one in an act of negligence or reckless behavior. When preventable tragedy strikes, you and your family have the right to file a wrongful death claim against the liable party. Our attorneys can assist you in doing so. Let us hold the reckless accountable, whether that party is a doctor in Jonesboro or a negligent driver in Forest Park.

Defining Wrongful Death in Georgia

In Clayton County, a wrongful death can happen when an individual loses their life due to the reckless behavior, negligence, or intentional wrongdoing of another individual or entity. These cases can be challenging, and it is not always a straightforward process to bring forth a claim. Thankfully, a seasoned personal injury attorney, like those at The Tolson Firm, LLC, can prove the four elements of every wrongful death claim. These include:

Duty of Care

When a wrongful death occurs in Clayton County, you and your attorney must first prove that the liable party is responsible for the death of your loved one because they owed them a specific duty of care. For example, in a medical malpractice case, the hospital, doctor, or pharmacy owed your loved one a duty of care to treat them as any other medical professional would have, given the same situation.

Breach of Duty

When filing the official wrongful death claim, your attorney must then prove that the responsible party breached this duty of care through an act of recklessness, negligence, carelessness, or wrongdoing. In a medical malpractice case, this breach of duty can happen when, for example, a doctor performing a surgery leaves a medical instrument or foreign object in the patient’s body.

Causation

After proving a breach of duty, your attorney must demonstrate that this breach directly resulted in the death of your family member. To continue the above example, if your loved one experienced a surgery in which a foreign object was left in their body, it could result in a serious, life-threatening infection, such as sepsis. This would count as causation.

Damages

The final aspect of your loved one’s wrongful death claim is the fact that you and your family suffered damages as a result. You and your attorney must demonstrate that the breach of duty and the loss of your loved one caused you and your family to suffer specific damages. These damages most often include:

• Economic damages. These can easily be assigned a monetary value. They include medical bills, the loss of wages or benefits from employment, the loss of future earning ability, the cost of a funeral or burial, and any hospitalization that was needed before the death.
• Non-economic damages. These are more intangible and, thus, more difficult to assign a monetary value. They include pain and suffering, mental anguish, emotional distress, and the loss of guidance, inheritance, protection, care, companionship, and/or consortium.

Common Causes of Wrongful Death in Clayton County

The fast-paced life in Clayton County can often lead to wrongful death cases. From truck accidents on Highway 138, to nursing home neglect cases in Morrow, the team at The Tolson Firm, LLC, can fight for you. We handle many types of wrongful death cases, three of which include the following:

• Vehicle accidents. These can occur when distracted, reckless, or impaired drivers lose control of their vehicles. You can hold several different parties liable, including the driver themselves, the driver’s employer, and the manufacturer of a defective vehicle.
• Medical malpractice. Doctors, though they swear an oath to do no harm, can cause severe harm. Medical malpractice cases often include surgical errors, medication or anesthesia errors, and a failure to diagnose.
• Premises liability. When your loved one enters another person’s property and dies, you could hold the property owner or manager accountable for that death.

FAQs

Q: What Parties Can File a Wrongful Death Claim in GA?

A: In a wrongful death claim, only specific family members or parties are allowed to file the claim. These parties can include:

• The surviving spouse of the deceased individual
• The surviving children of the deceased if there is no surviving spouse
• In cases where there is no surviving spouse or children, the parents of the deceased

Q: What Are Punitive Damages?

A: In wrongful death cases, you may have the rare ability to seek punitive damages. These damages can be awarded in cases where the courts deem the actions of the liable party to be especially egregious or grossly negligent. In these situations, punitive damages can greatly increase the overall monetary value of your wrongful death claim.

Q: What Are the Most Common Causes of Death in a Medical Malpractice Claim?

A: In a medical malpractice claim, there are several common causes of death. These can include:

• Surgical errors, such as wrong-site surgery
• Medication errors, like prescribing the wrong medication
• Emergency room errors, such as leaving an object in the body cavity
• Birth injuries, including brain damage and Erb’s palsy
• Misdiagnosis or delayed diagnosis

Q: How Can an Attorney Help Me?

A: When you hire an attorney to help you with a wrongful death claim, they can do everything in their power to secure the compensation you and your loved ones deserve. They can gather evidence to support your claim, such as photos and videos from the scene of an accident or eyewitness statements. They can also help you file your official claim before entering into negotiations with the involved parties.

The Tolson Firm, LLC, Can Fight for Your Family: Contact Us Today

In Clayton County, a wrongful death isn’t just a loss; it is a wound to the loved ones who are left behind. At The Tolson Firm, LLC, we are passionate about holding negligent drivers, property owners, and doctors liable for the damage they have caused. Contact our offices today, and allow us to stand up for your family.