Lawrenceville Wrongful Death Lawyer

Honest Lawrenceville Wrongful Death Attorney

When a loved one is lost to us, the grief and anger we feel can be devastating. When that loss is the direct result of another party’s negligence, recklessness, or even intentional wrongdoing, that grief and anger can become insurmountable. In times like these, it is important to remember that there are legal options available to you in the form of a wrongful death claim for compensation. A Lawrenceville wrongful death attorney can help you file this necessary claim.

The term “wrongful death” is used in a legal sense to describe a death that was caused by negligent, reckless, or even criminal acts. At The Tolson Firm, LLC, we understand that no amount of money can ever bring your loved one back to you, but we do know it can help you get back on your feet financially after suffering such a horrific loss of life. We are passionate about providing our clients with the compensation they deserve after the death of a loved one.

If you have had a family member die in an accident or pass away due to injuries inflicted upon them by another’s negligence, recklessness, or intentional act, it’s time to reach out to The Tolson Firm, LLC.

Now is not the time to try to pursue compensation on your own, as the liable parties involved often have insurance companies or their own legal teams that can be difficult to deal with on your own. Instead, trust our attorneys to get the job done right from the beginning and set your claim up for a favorable outcome.

Filing a Wrongful Death Claim in Lawrenceville, Georgia

In the state of Georgia, not everyone has the legal ability to file a wrongful death claim. Instead, only some individuals related to the deceased person have this power. In order of priority, these individuals include the following:

• The surviving spouse of the deceased individual
• The children of the deceased individual
• The parents of the deceased individual, if the person passed without a spouse or children
• The representative of the deceased individual’s estate

In a wrongful death claim, the filing family members must be able to demonstrate that the loss of their loved one occurred as a direct result of an act of negligence, recklessness, or intentional wrongdoing with a disregard for life shown by the liable party. The claim must also show that the death was not the fault of the deceased individual.

Elements of a Successful Wrongful Death Claim

There are four things you must prove to recover compensation for a loved one’s death. They are:

1. Duty of care. You must show that the person who caused your family member’s death owed them a duty of care. An example could be a doctor who implicitly owes a patient a duty of care to practice according to the standards established by their specialty, or the driver of a car, who owes a duty of care to other road users to operate their vehicle safely and responsibly.
2. Breach of duty. You must also prove that the responsible party did not uphold their duty of care, either through action or inaction. This is where your attorney must show that the responsible party was, in fact, acting negligently.
3. Causation. The liable party’s negligence must have directly caused your loved one’s death. Georgia is a comparative negligence state, though, which means your family member can have held up to 50% responsibility for the accident.
4. Damages. You must show that you suffered actual, compensable damages as a result of your loved one’s death.

Your attorney can help you gather the evidence required to prove these four elements of a wrongful death case.

Damages Available in a Wrongful Death Case

Within a wrongful death claim, the parties filing the claim must also be able to prove that the loved ones of the deceased have incurred emotional and financial damages as a result of the death. These damages typically include:

• Economic damages. These are damages for which the monetary value can be easily assigned. Economic damages can include medical costs incurred before the death of the individual as they pertain to the injuries suffered in an accident, any funeral or burial costs, and the lost wages or employment benefits of the individual. This can be especially helpful if the deceased individual heavily contributed to household expenses.
• Non-economic damages. These damages are more difficult to assign a monetary value to. Non-economic damages typically include the loss of companionship or consortium, pain and suffering, emotional distress, and mental anguish. A Lawrenceville wrongful death lawyer can help you estimate these damages so that you can request compensation that is fair and more likely to be approved by a liable party’s insurance company.
• Punitive damages. These are only awarded in some cases, but they can add a significant amount of monetary value to your overall claim. Punitive damages are typically awarded in order to punish the liable party for particularly egregious behavior or gross negligence with the expectation that it may persuade them not to take similar actions again.

When you work with the team at The Tolson Firm, LLC, we can review the details of your loved one’s death and calculate the damages you may be able to recover in your claim.

The Tolson Firm, LLC: Supporting Your Family Through Tragic Loss

For years, the team at The Tolson Firm, LLC has been assisting clients in recovering damages after the loss of a loved one in wrongful death accidents. We understand how emotionally challenging this time can be and how dealing with the legal system is probably the last thing you want to face when trying to process your own grief and anger. However, these legal processes are essential in order to obtain the compensation you need to recover from your tragic loss.

When you work with The Tolson Firm, LLC, you can rest assured that our attorneys can handle all of the legalities involved while you focus on what is most important: your own recovery and healing and the healing of your family members.

When you hire our team to assist you in a wrongful death claim in Lawrenceville, Georgia, you can expect us to take the following actions in your interest:

• Evidence collection. From the moment we are brought onto your wrongful death claim, the attorneys at The Tolson Firm, LLC can begin to collect the necessary evidence to prove your claim, including photos or videos of the accident scene, medical records of the deceased, official police reports from the accident, testimony from eyewitnesses, and any employer wage statements pertaining to the claim.
• Claim filing. In Georgia, you have a limited amount of time to file a wrongful death claim. If this time passes before you file your claim, you can lose out on your chances of recovering compensation. The Tolson Firm, LLC, can help you fill out your paperwork correctly and file it with the courts within this timeline.
• Negotiations. In many cases, a wrongful death claim will be settled before it goes to the courts. Your attorney from The Tolson Firm, LLC has the ability and experience necessary to enter into negotiations with the liable party, their insurance companies, and their legal teams to seek a fair settlement amount without having to go through the lengthy litigation process in court.
• Litigation. In certain situations, your wrongful death claim may not be successful when it comes to negotiations, and litigation must take place. At The Tolson Firm, LLC, we have the experience and resources necessary to take your claim to court and argue your side of the story before a judge and jury. We work tirelessly at every step to secure the compensation you and your loved ones deserve.

Contact our office to schedule an initial consultation regarding your wrongful death case today.

Common Types of Accidents Leading to Fatalities

There are several kinds of accidents that can lead to fatalities and subsequent wrongful death claims. These accidents can include:

• Car accidents. Fatal motor vehicle crashes can occur due to reckless driving actions such as speeding or violating traffic laws, drunk or drugged driving, distracted driving actions like texting and driving or adjusting temperature controls, poor road conditions due to negligent maintenance, or defective vehicle components.
• Truck accidents. Commercial trucking accidents due to reckless or distracted driving accidents, improperly loaded trailers or overloaded cargo, driver fatigue, trucking company negligence, defective truck parts, poor truck maintenance, or a truck driver operating their vehicle under the influence of drugs or alcohol can lead to wrongful deaths.
• Motorcycle accidents. Motorcycle accidents due to the reckless or negligent driving of another driver, poor road maintenance, bad weather conditions, drugged, fatigued, or drunk driving, or defective bike parts can produce actionable wrongful death claims.
• Medical malpractice. Medical malpractice can arise when an individual places their trust in the hands of a medical professional or hospital system, and that trust is breached either through a failure to treat or diagnose, a misdiagnosis, surgical errors, anesthesia or other medication errors, or a birth injury.
• Nursing home abuse or neglect. This can happen when a resident is neglected or receives reckless or negligent care and suffers conditions such as malnutrition, physical abuse, or dehydration, resulting in death.

Other accidents, including slip-and-fall accidents, other premises liability accidents, defective product accidents, or dog attacks.

Liable Parties in Wrongful Death Claims

Depending on the nature of the accident that resulted in your loved one’s death, there are several parties who can be held liable for your wrongful death claim. You and your attorney must be able to demonstrate that these parties are liable for the death of your loved one due to their negligence, reckless behavior, or criminal activity. The most common liable parties in a wrongful death claim include the following:

• Medical staff, including doctors, nurses, or other orderlies
• Staff at nursing homes
• The nursing home facility or hospital system involved
• Negligent or reckless drivers
• The manufacturers or designers of certain products or defective vehicle components
• Certain local or state municipalities, in cases of poor road maintenance where a car accident occurred
• The pharmaceutical companies that have produced defective drugs
• The employers of certain parties
• The actual owner of a vehicle

The skilled attorneys at The Tolson Firm, LLC, can review the details of your loved one’s death and work to determine who the liable parties are. Determining what parties should be held liable is crucial for the success of your claim, as the accountable parties can be made to pay compensation to you and your family members.

Wrongful Death vs. Estate Claims

In addition to a wrongful death claim, you may be able to bring an estate claim, also known as a survival action. The primary differences between a wrongful death claim and an estate claim are what the plaintiff can recover in each case and who files the claim.

Wrongful death claims are filed by surviving spouses, children, or parents. Survival actions are brought by the deceased’s estate. If the executor of the estate is a family member, this may be the same person.

These two claims also have different areas of focus when it comes to damages. While wrongful death claims focus on the full value of the life of the decedent, estate claims seek compensation for losses involved with the person’s death. These can include:

• Medical bills
• Pain and suffering of the deceased
• Punitive damages

Although the claim is filed by the executor of the deceased person’s estate, the primary beneficiaries are the heirs to that estate. The heirs benefit both from being compensated for expenses that would otherwise have come out of their inheritances and from the potential extra money from non-economic and punitive damages.

An attorney can help you determine the full value of a survival action and decide whether to pursue this additional form of compensation. Depending on the circumstances of the person’s death, a survival action can add substantial compensation for surviving family members.

Statutes of Limitations for Wrongful Death Claims and Survival Actions

The statute of limitations for survival actions and wrongful death claims in Georgia is two years from the day that the deceased person passed away for the wrongful death claim and two years from the accident that caused the deceased person’s fatal injuries for the survival action.

There are some exceptions to the rule. For a wrongful death claim, the statute of limitations is tolled pending the resolution of any criminal charges associated with the claim. It may also be tolled if there are delays due to a lack of appointed estate administrator or executor.

Missing the two-year deadline can leave you unable to recover compensation for your loved one’s suffering and death, so don’t put off taking action until it’s already approaching. Contact a lawyer as soon as possible after the death occurs.

Why Hire a Wrongful Death Attorney?

The CDC estimates that in 2024, 5,618 people died from unintentional injuries in Georgia, many of them caused by other people’s negligence. If you have lost a loved one in a motor vehicle accident, due to medical malpractice, or as a result of another form of negligence, you can hire a wrongful death attorney to help you hold the responsible person liable.

Working with a skilled attorney can help to take some of the stress off you during this difficult time so that you can focus on grieving for your loved one and being there for surviving family members. Let us handle all the details for you and get you the results that you deserve.

FAQs

What Is a Wrongful Death Claim Worth in Georgia?

What a wrongful death claim is worth in Georgia varies. Factors that can influence the value of your claim include economic ones, such as projected lifetime earnings, retirement contributions, and employment benefits, as well as non-economic ones, such as the intangible joys of living that the deceased person has missed out on.

What Are the Odds of Receiving Compensation in a Wrongful Death Claim?

The odds of receiving compensation in a wrongful death claim vary. You can improve your chances of success by working with a skilled attorney who has a clear understanding of wrongful death laws in Georgia and how to leverage them to get their clients real-world results. You can contact our office to schedule a consultation regarding your wrongful death case to get a general idea of what to expect in terms of compensation.

Who Gets the Money in a Wrongful Death Case in Georgia?

The surviving spouse and children get the money in a wrongful death case in Georgia. The surviving spouse must receive at least one-third of the recovery, no matter how many children there are to share the remainder. If there is no surviving spouse and no children, the surviving parents receive the money. In cases where there are no immediate family members, the money goes to the next of kin.

When a Husband Dies, What Is the Wife Entitled to in Georgia?

What the wife is entitled to when a husband dies in Georgia varies depending on the circumstances of the death. In a wrongful death claim, the wife is entitled to at least ⅓ of the recovery. If the husband left assets, the wife may receive the entire estate or a portion of it, depending on what the husband stipulated in his will.

Speak to a Caring and Compassionate Wrongful Death Lawyer Today

If you have lost a loved one due to the negligence or reckless behavior of another party, The Tolson Firm, LLC, is here to pursue the compensation you are due. Our team of proud, Black attorneys can do everything in their power to advocate for your rights and your family’s rights. Contact our office today to learn more about our services and to schedule an initial consultation with our team.