When a loved one is lost due to negligence, reckless behavior, or even the intentional wrongdoing of another party, the grief you feel can be insurmountable. At these times, it may be difficult to know where to turn next, and if this individual was the main supporter of your family, you may be suffering financial hardship on top of the anger and grief you feel from the loss. A Stone Mountain wrongful death lawyer can help you file a claim for compensation.
At The Tolson Firm, LLC, we understand that no amount of money will bring your loved one back to you. However, with the ease of your financial burden, you may be able to focus on other things, like the emotional healing of you and your loved ones as you recover from your loss. You can trust our team of qualified attorneys to ensure your rights are protected and your voice is heard as we passionately pursue financial compensation and the justice you deserve.
Common Cases of Wrongful Death in Georgia
When an individual passes away as the result of another party’s wrongful actions, negligence, or reckless behavior, you may be entitled to file a wrongful death claim. The party who caused the death can be held liable in court and can be made to pay several damages to you and your family as you mourn the loss of your loved one. A wrongful death claim can come about as the result of several accident types, including the following:
- Car accidents. Car accidents are the most common cause of wrongful death claims. These accidents can arise due to a party’s negligent or reckless driving due to speeding, distracted forms of driving, like texting, eating, drinking, or grooming while driving, or when a driver operates their vehicle under the influence of drugs or alcohol.
- Truck accidents. Truck accidents often involve a wide array of legal complications as trucking companies, their insurance providers, and their legal teams are often involved. These accidents can arise due to drunk driving, distracted or reckless driving actions, such as speeding or texting and driving, driver fatigue, overloaded cargo, or maintenance failure.
- Motorcycle accidents. Motorcycles typically offer riders less protection than the operator of a motorized vehicle, and severe injury and even death are unfortunately a common occurrence. If you have lost a loved one due to a motorcycle accident, the team at The Tolson Firm, LLC is here to help.
- Medical malpractice. When a loved one places their trust in the hands of doctors, nurses, and hospital systems, and that trust is betrayed, devastating injuries can occur. If you have lost a family member due to surgical errors, a failure to diagnose and treat, a misdiagnosis, an anesthesia or medication error, overall hospital negligence, or a birth injury, the personal injury lawyers at The Tolson Firm, LLC can help.
- Nursing home neglect or abuse. These kinds of wrongful death claims can be extremely sensitive as they often involve numerous parties, so it is wise to have an attorney at your side when filing this sort of claim. Nursing home abuse or neglect cases can include the improper use of chemicals or physical restraints and neglect, which leads to dehydration, preventable infections, or malnutrition.
- Unsafe premises. When you enter the property owned by another individual or entity in a legal manner, and an accident occurs, you have the ability to hold this owner liable. When an individual dies in these accidents, their loved ones can file a wrongful death claim against the property owner or manager. These accidents typically include retail, residential, or industrial areas, parks, and recreational facilities.
- Workplace accidents. No workplace is entirely safe from the potential for accidents. However, some job sites are inherently more dangerous than others. The Tolson Firm, LLC handles cases that include accidents caused by malfunctioning machinery, electrical hazards, explosions, equipment failure, and slip-and-falls that occur at the workplace.
- Product liability. When a product manufacturer or designer places on the market a product that has not undergone adequate safety testing or has gone through these tests and failed them, these products can cause severe injury and even death. The most commonly seen products in these cases include furniture, medications, food, beverages, car parts, and electronics.
If you have lost a loved one in any of these accidents, or if you believe your accident type qualifies for a wrongful death claim, contact the team at The Tolson Firm, LLC. With years of experience behind us, you can rest assured we are the right law firm to get the job done.
Who Can File a Wrongful Death Claim in Stone Mountain, Georgia?
In the state of Georgia, only people with certain relationships to the deceased are legally able to bring a wrongful death claim forward against a liable party. The individuals who can take this action are as follows, in order of priority:
- The surviving spouse of the deceased individual
- The surviving children of the deceased individual
- If the deceased individual was not married at the time of their death and did not have children, their parents have the ability to bring this claim to court
- The official representative of the deceased individual’s estate
This means that if you are the brother, sister, aunt, or uncle of a family member, or you have a different relationship to the person who has passed away in a wrongful death accident, you can only bring forward a claim against the liable party through the official representative of your loved one’s estate.
Have You Suffered a Tragic Loss? Call The Tolson Firm, LLC Today
At The Tolson Firm, LLC, our team of proud Black attorneys is here to help you recover the compensation and justice your family deserves after the loss of a loved one. We are here to guide you through every step of the legal process, from the initial filing to gathering evidence to entering into negotiations or court litigation. You can count on us. To schedule your initial consultation, call our office today.