Marietta Wrongful Death Attorney

Marietta Wrongful Death Lawyer

Losing a loved one is never easy. However, when that individual is lost due to the negligence, reckless behavior, or intentional wrongdoing of another party, the grief and anger you feel can only increase. In times like these, knowing you have legal options available may help to ease the pain. Through a wrongful death claim, you may be able to recover certain forms of compensation. Legal help from a Marietta wrongful death lawyer can prove to be essential.

At The Tolson Firm, LLC, we know that no amount of money will ever bring your loved one back to you. However, it can ease the financial hardship you may be facing after suffering this tragic loss. When you work with our team of proud Black attorneys, you can gain the confidence that comes with knowing we do everything in our power to fight for the protection of your rights and for the compensation and justice you deserve.

If you have lost a family member to a wrongful death accident in Marietta, Georgia, the team at The Tolson Firm, LLC can work to help you recover the damages you have suffered due to this death. We can work to gather evidence to support your claim and bring your claim through the proper legal channels to offer you the greatest chance at compensation. Contact our office today to speak with someone regarding your case.

Pursuing a Wrongful Death Claim in Marietta, Georgia

A wrongful death can arise from several different situations and accidents. You may be able to file a wrongful death claim in conjunction with criminal cases, such as when you lose a loved one in a horrific murder. However, wrongful death claims are more commonly seen in connection to accidents that arise as the result of someone else’s negligence or reckless behavior.

The most common kinds of accidents that result in wrongful death claims can include the following:

• Car accidents. Car accidents typically happen as the result of someone’s negligent or reckless behavior on the road, which includes actions such as texting, drinking, eating, or grooming while driving, driving fatigued, driving under the influence of drugs or alcohol, speeding, or violating traffic laws. Accidents may also be caused by poor road maintenance.
• Trucking accidents. Though commercial trucks are an integral part of our economy, they can cause devastating accidents due to their sheer size and weight. Trucking accidents usually occur due to driver fatigue, drivers operating their trucks under the influence of drugs or alcohol, overloaded trucks, defective truck parts, or failure on the trucking company’s part to stay up-to-date on truck maintenance.
• Motorcycle accidents. Riding a motorcycle can be a fun and thrilling experience. Unfortunately, because of their size and lack of protection, an accident involving these vehicles can be extremely dangerous, resulting in fatality for the motorcyclist. If you have lost a loved one to a motorcycle accident, the team at The Tolson Firm, LLC is ready to come alongside you and fight for compensation.
• Bicycle or pedestrian accidents. Sometimes, a negligent or reckless driver will fail to adhere to roadway regulations and strike a bicycle rider or pedestrian, causing severe injuries and even death. In these cases, The Tolson Firm, LLC is here to help ensure you receive the compensation and justice your family deserves after losing a loved one who was struck by a car while walking or biking in a lawful manner.
• Nursing home neglect or abuse. It is a fact of life that, as we age, extra care may become necessary. When an elderly loved one puts their trust in the staff at a nursing home or care facility, and that trust is betrayed, injuries and death can occur. The most common cases of nursing home neglect can occur when the improper use of chemicals or physical restraints or the presence of neglect leads to injuries, dehydration, and preventable infection.
• Unsafe premises. When an individual lawfully enters a property that belongs to another party and dies as a result of a hazardous condition on that property, the family of that individual can file a wrongful death claim against the owner of that property. The most common scenarios of unsafe premises liability cases include slip-and-fall accidents. Over 8.8 million people were treated in emergency rooms due to falls in 2023.
• Workplace accidents. Every workplace comes with its own dangers. However, some job sites are more dangerous than others due to the kind of work being performed. The most dangerous kinds of employment in Georgia include jobs that are performed on industrial sites, construction sites, oil rigs, and in factories or assembly lines. There were over 5,000 fatal workplace injuries reported in 2024.
• Medical malpractice.When someone goes to their doctor or a local hospital, such as Emory Healthcare, to seek medical attention and the staff makes an error, resulting in a patient’s death, the family of the deceased patient can file a wrongful death claim. In the US,9.5% of all hospital deaths are estimated to be preventable. Common instances of medical malpractice can include birth injuries, a failure to diagnose or treat, and surgical errors.
• Security liability. These cases tend to involve incidents where there have been faulty or inadequate security measures in or around apartment buildings and parking lots, which lead to fatal accidents. Common examples of this occur at universities and unsafe dorms where faulty video surveillance and broken alarm systems lead to a death that might have been prevented with properly functioning equipment.

If you have lost a loved one in any of these kinds of accidents or you believe your case qualifies as a wrongful death, it is time to reach out to the team at The Tolson Firm, LLC, and see whether your situation warrants the filing of a wrongful death claim.

How The Tolson Firm, LLC Can Help You

For years, our firm has fought for the rights of our clients who have suffered tragic losses due to the negligence, recklessness, or intentional wrongdoing of another party. We have the experience and resources necessary to work toward recovering compensation for our clients to provide what they need to get back on their feet after suffering a loss.

When you work with our team, you can expect the following actions to be taken in your claim:

• Collecting evidence. As soon as our team is hired for your wrongful death claim, we can begin to collect evidence to support this claim. Valuable forms of evidence can include photos or videos of the accident itself, medical records, employer wage statements, testimony from any eyewitnesses, and the official police report from the accident.
• Claim filing. Filing a claim for compensation can be challenging and confusing, especially if you are not familiar with all the legal jargon involved. Our team can help you fill out and file claim forms through the proper channels by the necessary deadlines. If a deadline is missed, you can lose out on your chances to recover damages, so it is important to file your claim in a timely manner.
• Negotiations. With our years of experience, our team can enter into negotiations with the liable party, their insurance companies, and their legal teams in order to seek a fair settlement amount that covers the damages you have suffered as a result of your loved one’s loss of life.
• Court litigation. If these negotiations are not fruitful and the opposing parties do not wish to cooperate to settle on a fair amount of compensation, our attorneys have the ability to take your case to court and litigate your claim before a judge and jury to seek the maximum amount of compensation.

Additionally, when reviewing the details of your claim, your attorney from The Tolson Firm, LLC can determine the damages involved and the overall value of your claim. The most common damages seen in a wrongful death claim include the following:

• Economic damages. These damages can include any losses from the death that can easily be assigned a financial value. These can include items such as medical costs from the injuries suffered by the deceased before their death, lost wages or employment benefits, and any funeral or burial costs.
• Non-economic damages. These damages include any items that cannot be assigned a monetary value right away. Non-economic damages often include things like pain and suffering, loss of companionship or consortium, mental anguish, and emotional distress.
• Punitive damages. Though these are rarely awarded, punitive damages can add significant value to a wrongful death claim. These damages are typically awarded if the actions of the liable party are deemed to be grossly negligent or severely egregious. This type of damage is often used to punish the liable party and keep them from committing the same behavior in the future.

Georgia Statute of Limitations on Wrongful Death Claims

When pursuing legal recourse against negligent parties in wrongful death cases, time is of the essence. Georgia’s two-year statute of limitations on personal injury and wrongful death claims requires prompt action.

Generally speaking, if you are an heir or beneficiary of your loved one’s estate, you must petition the courts within two years of your loved one’s date of death to have a valid claim. Failing to file within this time frame can result in the loss of your right to pursue legal action.

There are rare exceptions to this two-year rule. In cases where criminal action was determined to have occurred, the statute of limitations can be extended to allow time for criminal prosecution.

If the decedent’s beneficiary is a minor child, the time frame can also be extended until the beneficiary reaches the age of maturity. In rare cases where the cause of death is undetermined, an extended time may be allowed while the cause of death is investigated.

While it may seem daunting to undertake a civil case while you are still grieving the death of a loved one, you must consider that your loved one would want you to be provided for financially in the wake of their loss. It is your legal right to hold negligent parties accountable. At The Tolson Firm, we understand the toll an unexpected death can take on your family, and we’re here to help.

FAQs

Q: How Much Are Wrongful Death Settlements in Georgia?

A: Wrongful death settlement amounts are determined according to the details of the case, the economic and non-economic damages suffered, and whether punitive damages apply. Settlement amounts can be significant in wrongful death claims, as Georgia does not place a cap on economic and non-economic damages. It is always worthwhile to consult with a qualified attorney who can present you with case examples similar to your own.

Q: What Are the Odds of Success in a Wrongful Death Case?

A: The odds of success in a wrongful death case rest on the plaintiff’s legal team proving the defendant’s negligence, or liability, in your loved one’s death. The evidence in all civil cases must fulfill the legal criteria required to prove liability. When you hire a wrongful death lawyer from The Tolson Firm, we can approach your case with strategic focus and use all the resources at our disposal to build a compelling claim.

Q: Who Can Open a Wrongful Death Claim in Georgia?

A: In Georgia, only the decedent’s legal beneficiaries, usually a spouse or the closest living relative, can petition the courts for a wrongful death claim. The process for filing a wrongful death claim in Georgia can be complicated. It’s advisable to hire a knowledgeable legal team to oversee your filings and represent you when you are seeking compensation for wrongful death.

Q: How Long Do You Have to File a Wrongful Death Claim in Georgia?

A: Generally, you have two years from the decedent’s death date to pursue a wrongful death claim in Georgia, given the statute of limitations on wrongful death and personal injury claims. As soon as possible, it’s essential to contact a qualified lawyer with experience in wrongful death cases to represent your interests and protect your rights to receive compensation for your loved one’s death.

Have You Lost a Loved One Because of Someone Else’s Negligence? Hire a Wrongful Death Attorney in Marietta, GA

If you have suffered the loss of a loved one due to the recklessness or negligence of another party, the team at The Tolson Firm, LLC is here to help. Allow us to come alongside you during this difficult time, and let us handle the legalities of your case.

Take the time to rest and heal while we handle the difficult parts of your Marietta wrongful death claim. Contact our office today for more information and to schedule your initial consultation.