DeKalb County Wrongful Death Lawyer

The loss of a loved one is never an easy experience. These devastating situations can only worsen when the death is caused by the negligent, reckless, or even wrongdoing of another individual or entity. In these cases, the death can have a horrific impact on the surviving family members’ financial and emotional health, and there may come a time when the legal counsel and representation of a DeKalb County wrongful death lawyer becomes essential.

At The Tolson Firm, LLC, we understand just how difficult these tragedies can be and are firm believers in the idea that surviving family members deserve both justice and compensation for the pain and loss they endured. With years of experience, the team at The Tolson Firm, LLC, can assist you and your loved ones in the complicated legal process of filing a wrongful death claim in the state of Georgia. Let us help you hold the liable party responsible.

While it won’t bring your loved one back or take away the pain of their death, filing a wrongful death claim can ensure you have the monetary assistance to recover from this loss and cope with any financial burdens the death has placed on your shoulders. From beginning to end, the legal team of talented personal injury attorneys at our firm can do everything in our power to ensure you and your family receive what is needed to build a better future following the loss.

Defining Wrongful Death in DeKalb County, Georgia

In DeKalb County and the entire state of Georgia, wrongful death is a legal phrase used to describe an event in which the death of an individual occurs due to the negligent, reckless, or intentionally wrongful behavior of another party. Filing a claim for wrongful death involves proving that these actions caused the death and seeking monetary damages against the individual, corporation, business, or entity that is liable.

Typically, a wrongful death claim is filed by a family member of the deceased individual and damages are used to cover certain losses associated with the death. It is also important to remember that wrongful death claim is a civil case, not a criminal case; however, some wrongful death cases may have criminal actions involved. The process involved in a wrongful death claim can be long and arduous, which is why it is essential to have an attorney on your side.

Many wrongful death claims can be settled outside of court without having to go through litigation by trial before a judge. If the parties involved cannot negotiate and settle on a fair amount of compensation, the case may either be dropped or proceed to court. In these situations, having an experienced personal injury lawyer on your side is absolutely vital to the success of your claim. If the jury involved in the trial determines the liable party responsible, you can get compensation.

If you find yourself involved in a wrongful death claim, it is crucial that you retain the services of an attorney who can guide you through this complicated process. Do not try to negotiate or litigate on your own, and do not wait too long to find a lawyer. The statute of limitations for wrongful death begins the moment the death occurs.

How the Attorneys at The Tolson Firm, LLC, Can Help

For over two decades, the team at The Tolson Firm, LLC, has been assisting clients facing a wide range of personal injury claims, including those of wrongful death. We are dedicated to you and the success of your case the moment you walk through our office doors for an initial consultation. We know how difficult these claims are and how challenging it is to endure them, however necessary they are. We offer compassionate care and guidance tailored to your situation.

When you hire the team at The Tolson Firm, LLC, you can depend on us to take on the following tasks on your behalf:

• Evidence Collection: The longer you wait to hire an attorney, the higher your chances are that the available evidence in your claim will diminish. This is one of the reasons why hiring an attorney soon after the loss is so important. We can begin collecting and preserving the necessary evidence to prove your claim, such as:
  • Photos or videos of the scene of the death
  • Medical records of the deceased
  • Statements of employment
  • Testimonies from witnesses of the death
  • Official police reports and records
  • Testimonies from doctors or accident reconstructionists

• Case Filing: The statute of limitations involved in wrongful death cases can seem like a long time, but it can go by quickly. An attorney can handle the legalities of your claim, such as filing the necessary paperwork on time, while you and your family focus on more pressing matters, such as covering funeral costs, grieving for the individual you lost, and handling any complications that might arise due to the loss.

• Negotiation: As most wrongful death claims settle before reaching court, negotiation is a huge part of the wrongful death claim process, and it is vital that you hire an attorney with experience. At The Tolson Firm, LLC, we can ensure the involved insurance company does not offer an unfair settlement in hopes that you will take it out of desperation. Instead, we can negotiate an offer that is fair and reasonable for what you have suffered.

• Litigation: On the rare chance that your case does go to trial, our legal team can take your claim to court and litigate it before a judge and jury.

Common Causes of Wrongful Deaths

A wrongful death accident can occur for a litany of reasons, and you have the right to file a claim if negligence, recklessness, or intentional wrongdoing is involved. In DeKalb County, Georgia, some of the most common causes of wrongful deaths include the following:

• Car Collisions: Whether due to drunk driving or other acts of recklessness or negligence, such as speeding, failing to yield, texting while driving, eating or drinking while driving, and other forms of distracted driving, a car accident can cause a wrongful death to occur. The family of the deceased has the legal right to hold the liable driver accountable. Vehicle collisions can involve cars, trucks, pedestrians, bicycles, or motorcycles.
• Workplace Accidents: If your loved one suffered a death in the workplace, you may be able to hold certain parties liable. These accidents can include slips and falls, being struck by a falling object, being crushed or pinned by heavy machinery, suffering an amputation or electrical shock, falling from a great height such as scaffolding, or becoming involved in an accident with workplace vehicles.

• Product Liability: When a manufacturer or designer of a product fails to adequately test their product or places it on the market despite its known defects or potential dangers, terrible accidents can occur, including wrongful deaths. Certain cases of product liability can include contaminated food, drinks, or medicine, the illegal or negligent service of alcohol, dangerous medical devices, or dangerous furniture or vehicle parts.

• Elder Neglect or Abuse: If you had a loved one in an assisted living facility or nursing home who passed due to abuse or neglect, you and your loved ones have the right to file a wrongful death claim against the liable individual and perhaps the facility itself.

• Medical Malpractice: In cases of medical malpractice, you may have the right to file a claim against both the responsible physician and the hospital. Oftentimes, cases of medical malpractice that result in wrongful death include errors in surgery, birth injuries, medication errors, and misdiagnosis.

• Premises Liability: In Georgia, the owner of a property has a legal obligation to keep the visitors to their property safe. However, through negligence or recklessness, this duty of care can be breached. Common premises liability cases involve slip and falls due to wet surfaces, inadequate handrails or safety barriers, or poor lighting in stairwells.

Who Can File a Wrongful Death Claim in Georgia?

A wrongful death claim in Georgia cannot be sought by just anyone who happened to know the deceased person. Instead, the right to seek a wrongful death claim belongs to certain family members of the deceased. These family members include the deceased individual’s spouse, children if there is no spouse, and living parents in cases where there is no spouse or children.

How Much Is the Average Wrongful Death Settlement in Georgia?

The settlement value of a wrongful death claim is generally different for everyone and often depends on the type of damages the filing parties wish to recover. Family members can potentially recover the following damages:

• Loss of companionship
• Loss of consortium
• Pain and suffering
• Burial or funeral costs
• Medical expenses
• Loss of income

Speak With a Trusted Black DeKalb County Wrongful Death Lawyer Today

If you have suffered the loss of a family member due to the negligence, recklessness, or intentional wrongdoing of another party, the team at The Tolson Firm, LLC, is here to help you hold that party liable for the harm they caused. Contact our firm today to schedule a consultation and learn more about how we might be of service to you.