Decatur Wrongful Death Lawyer

When you lose a loved one to the negligence or reckless behavior of another individual or entity, you may be entitled to seek compensation. Of course, no amount of money will bring your loved one back to you, but it can help ease the financial burden of their loss. When submitting a legal claim for wrongful death, there are several crucial legal elements involved that can be challenging to manage. Having the legal assistance of an experienced Decatur wrongful death lawyer can be essential in your case.

At The Tolson Firm, LLC, our team of proud Black attorneys has over 25 years of experience fighting for those who have lost a family member in a wrongful death accident or incident of intentional wrongdoing.

We understand how devastating these situations can be and the emotional and physical toll they can take on surviving family members. Allow us to support you and your loved ones at this time and help you pursue the maximum amount of compensation.

It is important to keep in mind, however, that not all deaths will qualify for a wrongful death claim. In order to file a wrongful death claim, certain criteria must be met. An attorney from The Tolson Firm, LLC has the knowledge and experience necessary to review the details of your loved one’s passing and determine if a wrongful death claim is possible.

Trust us to handle every aspect of a potential claim so you can focus on healing from your loss.

What Counts as Wrongful Death in Decatur, Georgia?

Wrongful death occurs when an individual loses their life due to the negligence, recklessness, or intentional wrongdoing of another party. However, in order to bring forth a valid wrongful death claim, four key elements must be proven. These elements include:

Duty of Care

In a wrongful death claim, you must prove that the party you are claiming from is liable for the death and owed your loved one a specific duty of care. For example, in a product liability case, the manufacturer or designer of that product owes a duty of care to all consumers to ensure that the product is safe before placing it on the market. This is often done through regulated safety testing to ensure the product will not cause harm to the consumer.

Breach of Duty

To file a wrongful death claim, you and your attorney must prove that the liable party owed this duty to your loved one and then, through negligence, recklessness, carelessness, or intentional wrongdoing, breached this duty. To continue the product liability example, this breach of duty can occur when a pharmaceutical company does not adequately test medication and places it on the consumer market anyway.

Causation

You and your attorney must then prove that this breach of duty directly caused the death of your loved one. For example, if your loved one consumed a medication that was not adequately tested, and it resulted in a medical condition that ended in your loved one passing away, this would demonstrate causation for a wrongful death claim.

Damages

The final key element of a wrongful death claim in Georgia is the damages suffered. You and your attorney must lastly prove that the breach of duty and the death suffered caused you and your remaining loved ones to sustain certain damages. These damages typically include the following:

• Economic damages. These damages can easily be assigned a financial value and include things like medical expenses, the loss of income or employment benefits, the loss of potential earnings, the cost of a funeral, burial expenses, and any hospitalization that was necessary.
• Non-economic damages. These damages are typically more difficult to assign a monetary value to. They include things such as pain and suffering felt by you and your family after suffering the loss, mental anguish, and emotional distress or the loss of protection, guidance, inheritance, companionship, care, or consortium.
• Punitive damages. Though rarely awarded in claims for wrongful death, punitive damages can add substantial monetary value to your claim. They are usually awarded in order to punish the liable party for any behaviors deemed particularly egregious or grossly negligent. They may also be awarded in an effort to dissuade the liable party from taking similar actions in the future.

When you work with the team at The Tolson Firm, LLC, we have the skills necessary to review the details of your case and help determine the value of your overall claim. We can also help you determine who the liability party is in your case. The types of wrongful deaths and liable parties seen frequently in Georgia include the following:

• Medical malpractice. Cases of medical malpractice in Decatur can arise due to surgical errors, medication errors, anesthesia errors, hospital neglect, and birth injuries. The parties most commonly held liable in cases of medical malpractice include doctors, nurses, other attending physicians, and the hospital system itself.
• Premises liability. Cases of premise liability can occur when an individual visits the property of another and suffers an accident that results in death. These accidents are most often caused by slip-and-falls due to wet or slick surfaces, crumbling or broken pavement, and poor lighting. Parties that can be held liable in these cases include the negligent property owner or a negligent property manager.
• Car accidents. Car accidents are among the most common causes of wrongful death claims in Georgia. They are often caused by negligent, distracted, or reckless driving, which can look like texting and driving, drunk or drugged driving, and speeding. In these claims, the negligent driver, the actual owner of the vehicle, and, in certain cases, the employer of the driver are all parties that can be held liable.
• Motorcycle accidents. When an accident involves a motorcycle, the injuries sustained by the rider of that motorcycle can be severe and even fatal. In these cases, you may be able to hold any negligent or reckless drivers liable, as well as any local municipalities in charge of road maintenance and the manufacturers of any defective or malfunctioning motorcycle component.
• Commercial trucking accidents. Because of their size and shape, commercial trucks can cause devastating accidents, often resulting in death. These accidents are often caused by driver fatigue, reckless driving, overloaded cargo, or a failure to maintain the truck itself. In these cases, you may be able to hold liable the negligent driver, the employer of the driver, or the manufacturer and designer of any defective truck part.

When determining negligence in a wrongful death claim, it may be difficult to establish who was at fault for the accident. An attorney can employ professional witnesses, gather critical evidence, and advocate for you to strengthen your claim.

Losing a Loved One Due to Medical Malpractice in Decatur. We Can Help.

The death of a family member is always a devastating experience, but when it’s caused by the careless actions of a medical professional, the pain is magnified. At The Tolson Firm, we understand the profound grief and anger you’re feeling. We’re here to help you seek justice and hold those responsible accountable.

Our Decatur wrongful death attorneys have extensive experience handling complex medical malpractice cases. We meticulously investigate every detail, from misdiagnosis and surgical errors to medication mistakes and anesthesia complications. If your loved one’s death was the result of medical negligence, we’ll fight tirelessly to secure the compensation you and your family deserve.

We Handle a Wide Range of Wrongful Death Cases due to Med Mal, Including Those Involving:

• Surgical Errors: Wrong-site surgery, retained surgical instruments, anesthesia mistakes, post-operative negligence.
• Misdiagnosis and Delayed Diagnosis: Failure to diagnose cancer, heart conditions, infections, and other serious illnesses.
• Medication Errors: Incorrect dosage, prescribing the wrong medication, failure to identify drug interactions.
• Birth Injuries: Cerebral palsy, Erb’s palsy, brain damage due to oxygen deprivation.
• Emergency Room Errors: Failure to provide timely and appropriate treatment, misdiagnosis in the ER.

If you suspect your loved one’s death was caused by medical negligence, don’t hesitate to reach out. We offer free, confidential consultations. Call us at 470-664-6783 or contact us here to schedule your appointment. We’re here to help you through this difficult time and fight for the justice your family deserves.

Who Can File a Wrongful Death Claim?

In Georgia, only certain parties can bring forward a wrongful death claim based on their relationship to the deceased individual. These parties, in order of priority, include:

• The surviving spouse of the deceased individual
• The surviving children of the deceased individual
• Surviving parents of the deceased, if the individual passes away without a surviving spouse or children
• In certain situations, the official representative of the deceased’s estate

The Tolson Firm, LLC Is Here to Fight for You

For over two decades, the team at The Tolson Firm, LLC has been assisting clients in wrongful death claims. We have the experience and resources necessary to help your family recover compensation that helps you through the financial burdens of losing a loved one. We can do this by taking the following actions in your claim:

• From the moment you hire our team, we can begin to gather evidence and tangible support for your claim. This evidence can take the form of photos and videos from the scene of the accident, surveillance footage, statements from eyewitnesses, the official police report from the accident, medical records and bills, and any employment or wage statements pertaining to the case.
• We can then help you file your official claim. In Georgia, there is a strict deadline for when these claims can be filed, and if this deadline is missed, you can lose your chance to recover compensation. We can assist you by helping you fill out the claim paperwork in a correct manner, by the proper deadlines, and through the necessary channels.
• Our attorneys can enter into negotiations with the liable party, their insurance provider, and their legal teams in order to pursue a fair settlement amount for your wrongful death claim.
• If negotiations are not fruitful or the involved parties do not wish to cooperate, the team at The Tolson Firm, LLC has the ability to take your claim to court and litigate your side before a judge to secure the maximum amount of compensation available.

Contact Our Attorneys Today and Recover Compensation

If your loved one passed away in a wrongful death accident, it is time to hold the liable party responsible for their actions and recover the compensation and justice you and your family deserve. At The Tolson Firm, LLC, we are dedicated to delivering compassionate and detailed care to every one of our clients, and we work to ensure you receive the compensation you are due. Contact our office today to schedule your initial consultation.