Snellville Wrongful Death Lawyer

Snellville Wrongful Death Attorney

When a loved one dies because of another party, the family members left behind may feel overwhelming stress and grief. It can be difficult to know what to do next. While a legal case may feel too challenging, a skilled Snellville wrongful death lawyer can pursue justice for your loved one.

Choose a Trusted Law Firm in Georgia to Represent Your Wrongful Death Case

With over 30 years of professional experience, the legal professionals at The Tolson Firm, LLC, know how to secure fair compensation in your case. Often, families don’t get the criminal justice they want. Pursuing a civil case can be the path needed to hold the guilty party responsible.

The proud Black attorneys at our firm have fought tirelessly to secure millions of dollars in settlements for our clients. We offer case evaluations to residents of Snellville and the surrounding areas. When dealing with your grief, you need a strong support system. Let our team be a part of yours.

Common Types of Wrongful Death Cases

When a person passes away due to the actions or inaction of another party, their family members can pursue a wrongful death case. Georgia’s wrongful death law is unique because it treats wrongful death as a form of homicide, even when the death is caused by ordinary negligence. These cases can vary, but they commonly include:

• Car accidents. Between 2020 and 2023, there were 13 deaths in Snellville due to car crashes. U.S. Route 78 and Georgia State Route 124 are common highways used by Snellville residentsand are known to be among the dangerous Atlanta roadways for commercial trucking accidents.
• Medical malpractice. Piedmont Eastside Medical Center is the main hospital for Snellville residents, but it only has a two-out-of-five-star rating for patient satisfaction and care, and has been the subject of medical negligence claims.
• Premises liability. These cases happen when an owner or occupier of a property fails to safely maintain their premises, leading to an incident with someone visiting. In the United States, there were 222,698 deaths related to unintentional injuries in 2023.
• Workplace incidents. Georgia had 192 fatalities in the workplace in 2023. Major employers in Gwinnett County include Northside Hospital, Publix, and Walmart. When employees come to work, they should feel like their employer cares for their safety and will uphold safety measures. When this doesn’t happen, the consequences can be harmful or even fatal.

Who Can File a Wrongful Death Case in Georgia?

Specific family members can file a wrongful death case. If the deceased had a spouse, they can file the case. If there’s no spouse, any children can file. If there’s no spouse or children, any living parents can file. The laws detailing who can file a wrongful death suit in Georgia are specific and must be followed precisely.

If no spouse, child, or parent is available to file the case, the personal representative of the person who died can file it instead. A personal representative is a person named in the deceased’s will or assigned by the court if there is no will.

Deadline for Filing Wrongful Death Cases in Georgia

In Georgia, wrongful death laws generally give family members two years from the date of their loved one’s passing to file a wrongful death case.

Your claim can be filed at the Gwinnett Justice and Administration Center, located at 75 Langley Drive in Lawrenceville. Before doing so, be sure to hire a wrongful death lawyer who can navigate these legal proceedings.

It’s nearly impossible to take on an opposing side’s lawyers without understanding the complexities of state law. Let us take care of the legal aspects of your case so you can focus on your family’s well-being during this difficult time.

FAQs

What Does “Preponderance of the Evidence” Mean in a Georgia Wrongful Death Case?

In Georgia, the “preponderance of the evidence” is the standard used to prove a wrongful death claim. This means that the filing party must show that it’s more likely than not that the other party’s actions caused your loved one’s death. The goal is to convince the court that your version of events is more believable than the other side’s. This is different from criminal cases, where the guilt of the wrongdoer must be proven beyond a reasonable doubt.

What Is a Survival Claim?

In Snellville, Georgia, a survival claim allows the personal representative of a deceased person’s estate to continue a case that the deceased could have filed if they had lived. A survival claim is different from a wrongful death claim. While a wrongful death claim seeks compensation for the family member’s losses, a survival claim recovers losses that the deceased experienced before passing. This can include their medical bills, hospital expenses, and pain and suffering caused by their injuries.

What Kind of Evidence Can Help in My Wrongful Death Claim?

Having as much evidence as possible can secure a favorable outcome in your wrongful death case. Your Snellville wrongful death attorney can gather proof, such as testimony from witnesses and professional opinions about what caused the death. Be sure to include your loved one’s medical records. While it’s difficult to do, it’s helpful to include photos and videos of your loved one’s visible injuries. If there’s footage of the incident, provide it to the court.

What Is Georgia’s Comparative Negligence System?

If multiple people contributed to the wrongful death, the court must figure out how much each person was at fault, per the state’s comparative negligence system. This includes not only the defendants named in the claim but, potentially, other people who contributed to the harm, even if they are not part of the case. If there are multiple defendants, the damages are divided according to each person’s percentage of fault.

Hire a Wrongful Death Lawyer With Professional Experience

When you need to seek justice for the sake of your loved one, reach out to the skilled team at The Tolson Firm, LLC. We offer case evaluations at our office to all our new clients. During your consultation, you’ll be met with the empathy and empowerment needed to take on your wrongful death case. Let’s seek justice together.