Alpharetta Wrongful Death Lawyer

Top-Rated Alpharetta Wrongful Death Attorney

When one of your loved ones dies, the grief you feel can be insurmountable. When that loss is caused by recklessness, negligence, or even intentional wrongdoing, the grief you feel may only be amplified by anger and uncertainty over the future. Fortunately, an Alpharetta wrongful death attorney can seek compensation on your behalf.

After a sudden loss, you may wonder how you’ll pay for medical bills or funeral and burial costs. If your loved one died due to the treatment they received, it is vital to contact an Alpharetta medical malpractice lawyer who has experience in wrongful death claims, such as the team at The Tolson Firm, LLC.

Skilled Alpharetta Wrongful Death Attorneys

At The Tolson Firm, LLC, we know that money is not going to bring your beloved family member back to you. However, it can pay for any medical debt associated with the loss of your loved one. If your loved one was the primary income earner of your family, a wrongful death claim can recover their lost wages or employment benefits. At this difficult time, allow our team to pursue both the compensation and justice you need to recover.

After such a devastating tragedy, it is vital that you understand your rights. Our compassionate team of proud Black attorneys can provide you with the legal support and guidance you need to file a wrongful death claim. We can collect the necessary evidence and work to recover compensation through negotiations or litigation. The experienced

How to File a Wrongful Death Claim in Alpharetta, GA

A wrongful death in Alpharetta occurs in cases where the death of a human being is the direct result of:

• A crime
• Criminal activity
• Intentional wrongdoing
• Negligence
• Reckless behavior

Parties with specific connections to the deceased individual have a right to file a wrongful death claim in Georgia. These parties can include the following, in order of priority:

• The surviving spouse of the deceased has the first priority.
• The surviving children of the deceased are next in line.
• If the individual passes away without a spouse or children, then their parents can file a wrongful death claim.
• In certain cases, the official representative of the deceased individual’s estate has the right to file a wrongful death claim.

If you are the brother, sister, aunt, or uncle of the deceased person, you may need to go through the representative of your loved one’s estate and have them file the wrongful death claim against the liable party.

Which Parties Could Be Liable for a Wrongful Death?

You may wonder which parties can be held liable for your loved one’s death in a wrongful death claim. Often, the liable parties will directly correspond with the type of accident that resulted in the loss of your loved one. Parties most commonly held liable in wrongful death claims include the following:

• Reckless or intoxicated motorists
• Someone who committed homicide against the deceased
• A company that released a faulty product
• An organization that completed faulty construction work
• A property owner who did not properly take care of hazards on their premises
• Negligent or reckless medical staff, including doctors, nurses, or other attending physicians
• The hospital or medical facility
• Nursing home staff or the facility’s parent organization

When you work with the attorneys at The Tolson Firm, LLC, we can review the details of your loved one’s death and determine which party to hold liable in your claim. We can also estimate the overall value of your wrongful death claim. This is done by calculating the following kinds of damages and including all the applicable ones in your claim:

• Economic damages. These may be available if you and your family have suffered monetary or financial hardship after the loss of your loved one. These damages can easily be assigned a financial value and include items such as medical costs, lost wages or employment benefits, and any funeral or burial costs associated with the loss.
• Non-economic damages. These are more difficult to assign an official monetary value to, as they tend to be more abstract. They include pain and suffering, emotional distress, mental anguish, loss of companionship, loss of care, and the loss of consortium.
• Punitive damages. These damages, though rarely awarded in wrongful death claims, can add value to the case. They are meant to punish the liable party for any particularly egregious or grossly negligent behavior. They are also intended to dissuade them and others from taking similar actions in the future.

Common Causes of Wrongful Death in Alpharetta

Almost any negligent or wrongful act can potentially lead to a wrongful death claim. The underlying circumstances may determine what evidence is required, who might be liable, and which Georgia wrongful death laws apply to the claim.

Victims can be harmed:

• In Georgia hospitals and healthcare facilities
• In businesses and office buildings
• At home
• On the job
• While traveling on some of Georgia’s busiest highways and streets, like State Route 400, Old Milton Parkway, and Haynes Bridge Road

Medical Malpractice

Death caused by medical malpractice occurs when a healthcare provider breaches the applicable standard of care, and that breach causes the patient’s death. Examples of these types of situations include:

• Surgical mistakes
• Anesthesia errors
• Medication errors
• Misdiagnosis
• Delayed diagnosis
• Failure to diagnose a serious illness
• Failure to monitor a patient’s condition

These and other forms of negligence could give rise to a claim for wrongful death based on medical malpractice.

Georgia law requires plaintiffs to comply with specific procedures when bringing a medical malpractice claim and the expert affidavit is only one of the medical malpractice claim requirements a family must satisfy. For instance, O.C.G.A. § 9-11-9.1 requires that a complaint alleging professional malpractice be supported by the affidavit of a licensed Georgia physician.

In addition, there are unique statutes of limitation and repose that apply to medical malpractice cases. In Georgia, a medical malpractice claim must typically be filed within two years of the injury or death resulting from negligence, according to § 9-3-71. Furthermore, a general five-year statute of repose exists, subject to specific Georgia legal exceptions.

According to a recent study, medical diagnostic errors alone cause over 424,000 permanent impairments and 371,000 fatalities nationwide each year. That equates to over 795,000 major injuries brought on by diagnostic mistakes per year in the United States.

Fatal Motor Vehicle Accidents

Car accidents, truck crashes, motorcycle collisions, bicycle accidents, and pedestrian incidents are other frequent causes of wrongful death. Size and weight are why catastrophic and fatal truck accidents so often produce the deaths behind these claims. A collision may occur when someone speeds, drives distracted or impaired, fails to yield, or otherwise drives in an unsafe manner.

Serious accidents on GA-400 or elsewhere in Alpharetta may require evidence beyond the initial police report prepared at the scene of the crash. Visual evidence, such as photos of the damaged vehicles, images from the accident site, and surveillance footage, along with witness accounts, cellphone logs, and vehicle electronic data, can establish the circumstances and causes of the collision.

Defective Products

Businesses can also be held liable for damages when a defective product causes the victim’s death. Defective vehicles, medical devices, machinery, household items, and consumer goods are just some of the products that could cause fatal injuries.

Product liability claims can involve manufacturing defects, design defects, and defects in the warnings or instructions provided with the product. It is often important to preserve the defective product if possible. Engineers and other professionals may need to inspect the product to determine if a defect caused or contributed to the victim’s death.

Unsafe Property Conditions

Unsafe property conditions can also cause fatal injuries and wrongful deaths. Georgia law requires property owners and occupiers to exercise ordinary care in keeping their premises safe for invitees and others who are lawfully on the property.

Some evidence of knowledge is generally required to prove liability in these cases. This can be established by showing that the dangerous condition existed for a sufficient length of time that the owner or occupier should have known about the problem.

How to Prove a Wrongful Death Claim in Georgia

Proving a wrongful death claim can be a difficult process, and it is only wise to do so with an attorney representing you. When proving liability in these claims, you and your attorney need to demonstrate the existence of the following four elements in your case:

• You first need to prove that the liable party owed your loved one a certain duty of care. For example, a commercial truck driver has the duty to operate their vehicle in a safe and legal way. They must act in accordance with the state laws, federal laws, and trucking regulations that are put in place to keep these kinds of accidents from happening.
• You then need to demonstrate that the liable party breached their duty of care through negligence, recklessness, or intentional wrongdoing. If the driver of a commercial truck was operating their vehicle while under the influence of drugs or alcohol, they are violating state and federal laws, along with committing a direct breach of duty.
• The next element that needs to be proven is that this breach of duty resulted in the death of your loved one. For example, suppose that they were driving another vehicle, operating a motorcycle, riding a bicycle, or simply walking down the street. They were then struck by a commercial truck operated by a drunk or drugged driver. This would be a clear demonstration that the driver’s negligence or recklessness caused your loved one’s death.
• The last element that needs to be proven is that you and your family members suffered certain damages as a direct result of this breach of duty and the loss of your loved one.To further illustrate this with the example of a drunk commercial truck driver, if your loved one was rushed to the hospital in an attempt to save their life and surgery was performed, certain medical costs, such as ambulance fees and surgery fees, can accrue and count as damages.

Facing the Unthinkable After Losing a Loved One Due to Medical Malpractice in Alpharetta

When a loved one dies due to someone else’s negligence, the pain is unimaginable. If medical malpractice may have had a role in their passing, the Alpharetta wrongful death attorneys at The Tolson Firm, LLC, can help you navigate this difficult time.

We understand that no amount of money can truly compensate for your loss. However, holding negligent parties accountable can provide a sense of justice and closure. A successful claim can also provide financial stability for your family’s future. Our experienced legal team can steadfastly advocate for the compensation you deserve.

We handle all types of wrongful death cases in Alpharetta, including those stemming from the following medical malpractice issues:

• Surgical Errors: Negligence during surgery can have devastating consequences. We handle cases involving wrong-site surgery, retained surgical instruments, anesthesia errors, and post-operative complications.
• Misdiagnosis or Delayed Diagnosis: A missed or delayed diagnosis can be fatal. We represent families who have lost loved ones due to failures to diagnose cancer, heart conditions, strokes, and other serious medical conditions.
• Medication Errors: Medication errors are a leading cause of preventable death. We handle cases involving incorrect dosages, wrong medications, and failure to identify dangerous drug interactions.
• Birth Injuries: The joy of childbirth can turn to tragedy when medical negligence results in birth injuries. We represent families who have lost infants or suffered the wrongful death of a mother due to negligence during pregnancy or childbirth.
• Nursing Home Neglect and Abuse: Elderly loved ones deserve compassionate care. Untreated bed sores and other signs of elder abuse are often the earliest evidence that care fell below standard. We advocate for justice when nursing home neglect or abuse leads to wrongful death.

Why Choose The Tolson Firm, LLC, After a Wrongful Death Due to Medical Malpractice?

There are several reasons why you should trust our firm to advance your case, including:

• Local experience: We have a deep understanding of the Alpharetta legal community and a proven track record of success in local courts.
• Personalized attention: We treat every client with compassion and respect, providing individualized guidance and support throughout the legal process.
• Aggressive representation: We are relentless in our pursuit of justice for our clients, and we don’t back down from insurers and the at-fault party.
• No Fee Unless We Win: You pay nothing unless we secure a recovery on your behalf.

Hire an Alpharetta Wrongful Death Attorney

Wrongful death claims can involve two overlapping, but legally distinct, sets of legal claims. The surviving family members have a wrongful death claim. Furthermore, any claims the deceased victim held before passing, like one for medical expenses incurred due to personal injury, now transfer to the victim’s estate.

When you hire an Alpharetta wrongful death attorney, they can identify who has the legal right to bring each claim and determine what damages each claimant can recover. For instance, only certain relatives can file a claim for wrongful death, and there are limits on recoverable damages under Georgia law.

An attorney can investigate the facts of the death and preserve evidence before it is lost. If technical issues or medical negligence caused or contributed to the death, the attorney can consult professionals to reconstruct what happened. Your lawyer can investigate every lead to determine who may bear legal responsibility for the decedent’s death.

FAQs

Can a Wrongful Death Case Be Filed If No Criminal Charges Are Brought?

Yes, a wrongful death case can be filed if no criminal charges are brought. A wrongful death claim is a civil case, so it will be separate from any criminal prosecution that arises from the incident. Civil and criminal cases also have different burdens of proof. An individual or company can theoretically be civilly liable for a death, even if no criminal charges are filed, or a criminal case did not result in a conviction.

Can a Wrongful Death Case Be Settled Without Going to Trial?

Yes, a wrongful death case can be settled without going to trial. Most civil claims are resolved through negotiated settlements and not by jury trials. Settlement negotiations can happen before a claim is ever filed or at any time during the litigation process.

Whether settlement is possible or advisable may depend on issues like liability, available evidence, damages, insurance coverage, and the settlement demand. If no agreement can be reached, a trial may be necessary.

What If the Person or Party Responsible for the Death Doesn’t Have Insurance?

Lack of insurance doesn’t necessarily prevent a wrongful death claim, but it can limit the sources of recovery that may be available. When the wrongful death results from an auto accident, then uninsured/underinsured motorist coverage may apply.

Other situations could involve businesses, employers, property owners, or other potential defendants who may have insurance or assets. There could be multiple sources of recovery, depending on the facts of the situation.

Can Multiple Family Members File Separate Wrongful Death Claims?

Whether multiple family members can file separate wrongful death claims depends on the facts of the case, the familial relationship, and the applicable laws. Georgia law prioritizes who can bring a wrongful death claim instead of allowing immediate family members to file separate claims. The surviving spouse generally files a claim on behalf of the entire family if one exists. Spouses usually represent the interests of the children as well if there are children.

If You Have Suffered a Loss, It’s Time to Speak with an Attorney

If you have lost a loved one due to the negligence, recklessness, or intentional wrongdoing of another party, it’s time to hold this party liable by seeking the compensation and justice you and your family deserve.

The attorneys at The Tolson Firm, LLC, can represent you, offering the legal guidance and support necessary for a successful claim. Contact our offices today to speak with our team and schedule a consultation.