Decatur Wrongful Death Lawyer

Experienced Decatur Wrongful Death Attorney

When you lose a loved one to the negligence or reckless behavior of another party, you may be entitled to seek compensation. Of course, no amount of money can bring your loved one back to you, but it can ease the financial burden of their loss. Having the legal assistance of an experienced Decatur wrongful death attorney can be essential in your case.

When submitting a legal claim for wrongful death, there are several crucial legal elements involved that can be challenging to manage. A Decatur medical malpractice lawyer can handle these on your behalf while pursuing all the compensation you deserve.

Consult a Skilled Decatur Wrongful Death Attorney

At The Tolson Firm, LLC, our team of proud Black attorneys has over 25 years of experience in these cases. Our firm advocates for those who have lost a family member in a wrongful death accident or incident of intentional wrongdoing.

We understand how devastating these situations can be, along with the emotional and physical toll they can take on surviving family members. Allow us to support you and your loved ones at this time and pursue compensation.

It is important to keep in mind, however, that not all deaths qualify for a wrongful death claim. To file a wrongful death claim, certain criteria must be met. A Decatur wrongful death lawyer from The Tolson Firm, LLC, has the knowledge and experience necessary to review the details of your loved one’s passing and determine if a wrongful death claim is possible. Trust us to handle every aspect of a potential claim so you can focus on healing from your loss.

What Counts as Wrongful Death in Decatur, Georgia?

Wrongful death occurs when an individual loses their life due to the negligence, recklessness, or intentional wrongdoing of another party. However, in order to bring forth a valid wrongful death claim, four key elements must be proven. These elements include:

Duty of Care

In a wrongful death claim, you must prove that the party you are claiming from is liable for the death and owed your loved one a specific duty of care. For example, in a product liability case, the manufacturer or designer of that product owes a duty of care to all consumers to make sure that the product is safe before placing it on the market. This is often done through regulated safety testing to make sure the product is not going to harm the consumer.

Breach of Duty

To file a wrongful death claim, you and your attorney must prove that the liable party owed this duty to your loved one and then, through negligence, recklessness, carelessness, or intentional wrongdoing, breached this duty. To continue the product liability example, this breach of duty can occur when a pharmaceutical company does not adequately test medication and places it on the consumer market anyway.

Causation

You and your attorney must then prove that this breach of duty directly caused the death of your loved one. For example, if your loved one consumed a medication that was not adequately tested, and it resulted in a medical condition that ended in your loved one passing away, this would demonstrate causation for a wrongful death claim.

Damages

The final key element of a wrongful death claim in Georgia is the damages suffered. You and your attorney must lastly prove that the breach of duty and the death suffered caused you and your remaining loved ones to sustain certain damages. These damages typically include the following:

• Economic damages. These can easily be assigned a financial value and include medical expenses, the loss of income or employment benefits, and the loss of potential earnings. They can also encompass the cost of a funeral, burial expenses, and any hospitalization that was necessary.
• Non-economic damages. These are typically more difficult to assign a monetary value to. They include intangible losses, such as pain and suffering felt by you and your family after the loss, mental anguish, emotional distress, and the loss of protection, guidance, inheritance, companionship, care, or consortium.
• Punitive damages. Though rarely awarded in claims for wrongful death, punitive damages can add substantial monetary value to your claim. They are usually awarded in order to punish the liable party for any behaviors deemed particularly egregious or grossly negligent. They may also be awarded in an effort to dissuade the liable party from taking similar actions in the future.

The state calculates compensation based on the “full value of the life of the decedent,” which includes both economic and non-economic value.

What Parties May Be Liable in a Decatur Wrongful Death Claim?

The team at The Tolson Firm, LLC, has the skills necessary to review the details of your case and determine the value of your overall claim. We can also determine who the liable party is in your case. The types of wrongful deaths and liable parties seen frequently in Georgia include the following:

• Medical malpractice. Cases of medical malpractice in Decatur can arise due to surgical errors, medication errors, anesthesia errors, hospital neglect, and birth injuries. The parties most commonly held liable in cases of medical malpractice include doctors, nurses, other attending physicians, and the hospital system itself.
  According to research published in BMJ Quality & Safety, diagnostic errors result in over 795,000 fatalities and lifelong impairments among patients in the United States annually. According to the Johns Hopkins-led study, diagnostic errors cause around 371,000 deaths and 424,000 permanent impairments annually.
• Premises liability. Cases of premise liability can occur when an individual visits the property of another and suffers an accident that results in death. These accidents are most often caused by slip-and-falls due to wet or slick surfaces, crumbling or broken pavement, and poor lighting. Parties that can be held liable in these cases include the negligent property owner or a negligent property manager.
• Car accidents. Car accidents are among the most common causes of wrongful death claims in Georgia. They are often caused by negligent, distracted, or reckless driving, such as texting and driving, drunk or drugged driving, and speeding. In these claims, the negligent driver, the actual owner of the vehicle, and, in certain cases, the employer of the driver are all parties that can be held liable.
• Motorcycle accidents. When an accident involves a motorcycle, the injuries sustained by the rider of that motorcycle can be severe and even fatal. In these cases, you could hold any negligent or reckless drivers liable, along with any local municipalities in charge of road maintenance. The manufacturers of any defective or malfunctioning motorcycle component could also be liable.
• Commercial trucking accidents. Because of their size and shape, commercial trucks can cause devastating accidents, often resulting in death and the Georgia truck accident statistics show how frequently these crashes turn fatal. These incidents are often caused by driver fatigue, reckless driving, overloaded cargo, or a failure to maintain the truck itself. In these cases, you could hold liable the negligent driver, the employer of the driver, or the manufacturer and designer of any defective truck part.

When determining negligence in a wrongful death claim, it may be difficult to establish who was at fault for the accident. An attorney can employ professional witnesses, gather critical evidence, and advocate for you to strengthen your claim.

Linking the Negligence to the Death

Proving causation can become one of the most hotly contested issues in a wrongful death claim. Survivors and immediate family members must prove that there was a legally sufficient causal link between the defendant’s actions and the individual’s death.

This aspect of a case can become especially complicated if the decedent suffered from a pre-existing medical condition or sustained multiple injuries. To determine the cause of death, one might rely on:

• Medical documentation
• Post-mortem examinations
• Official death records
• Accident reconstruction analysis
• Eyewitness statements

Consider a situation where a claim is filed concerning a delayed cancer diagnosis. It might not be enough to show that a doctor or hospital “should have” caught the cancer sooner. It could also become necessary to prove that the delay in diagnosis impacted treatment options, disease progression, or survival.

The concept still applies to non-medical malpractice claims. In a fatal multi-car crash near downtown Decatur, accident reconstruction evidence could be crucial for demonstrating how the various impacts contributed to the fatality and how liability should be apportioned.

How Fault Can Impact a Decatur Wrongful Death Claim

Sometimes, a defendant may argue that the decedent’s own negligence contributed to the incident that caused their death. For this reason, Georgia’s modified comparative negligence law,  O.C.G.A. § 51-12-33, can have a critical role in a wrongful death claim.

If a decedent was partially at fault for the incident that caused their injury and subsequent death, any recoverable damages would be reduced by their assigned percentage of fault. If that person was 50% or more at fault for the incident, they (or their estate) would be unable to recover any compensation from other at-fault parties under Georgia’s comparative negligence statute.

That’s why evidence related to the entirety of the incident is going to be important, not just proof of the defendant’s negligence. If a fatal accident occurs on a roadway in DeKalb County, police may investigate the actions of all drivers involved in the collision. Factors like roadway markings, traffic controls, damage to vehicles, witness statements, electronic data recorders, and video surveillance can establish how and why the accident happened.

Legal claims filed in DeKalb County are typically heard at the DeKalb County Courthouse, located at 556 North McDonough Street, Decatur, GA 30030. Serving downtown Decatur near Decatur Square, the Decatur MARTA station, and other areas in DeKalb County, the courthouse hosts civil proceedings for matters occurring within its jurisdiction.

Proving negligence requires proving more than a death from an accident or medical procedure. Evidence must:

• Establish that the defendant owed a legal duty to the deceased person.
• Prove how that defendant breached that duty.
• Show how that breach caused the person’s death.

Conducting a thorough investigation can:

• Identify all the responsible parties.
• Respond to assertions of comparative negligence.
• Establish the facts necessary to file a wrongful death claim in Georgia.

What Kind of Evidence Is Used in a Georgia Wrongful Death Case?

As wrongful death claims can arise in many situations, there is no single type of evidence that may be used in every case. However, your attorney may obtain records from a variety of sources to piece together what happened leading up to the death. They can also be used to document your losses.

Physical evidence and electronic data can be crucial in a wrongful death claim. Depending on the specifics of your situation, the evidence might include:

• Photos
• Surveillance footage
• Traffic camera recordings
• Data from the vehicle
• Cellphone logs
• Medical scans
• Faulty products
• Damaged car parts

Documents can also be useful evidence. Medical records can show what injuries the person suffered and what treatment they received. Employment records and proof of income can establish the financial aspect of your loved one’s life.

It’s important to preserve this evidence because some of it may be altered or lost. Video surveillance can be recorded over, cars can be fixed or demolished, and witnesses may not perfectly recall events later. Quickly determining what may be evidence can establish a more thorough account of what happened.

After Losing a Loved One Due to Medical Malpractice in Decatur. We Can Help.

The death of a family member is always a devastating experience, but when it’s caused by the careless actions of a medical professional, the pain is magnified. At The Tolson Firm, we understand the profound grief and anger you’re feeling. We’re here to help you seek justice and hold those responsible accountable.

Our Decatur wrongful death attorneys have extensive experience in handling complex medical malpractice cases. We meticulously investigate every detail, from misdiagnosis and surgical errors to medication mistakes and anesthesia complications. If your loved one’s death was the result of medical negligence, we can tirelessly advocate for the compensation you and your family deserve.

We handle a wide range of wrongful death cases due to medical malpractice, including those involving:

• Surgical errors. These include wrong-site surgery, retained surgical instruments, anesthesia mistakes, and post-operative negligence.
• Misdiagnosis and delayed diagnosis. This can involve a failure to diagnose cancer, heart conditions, infections, and other serious illnesses.
• Medication errors. A provider may administer an incorrect dosage, prescribe the wrong medication, or fail to identify harmful drug interactions.
• Birth injuries. These include cerebral palsy, Erb’s palsy, and brain damage due to oxygen deprivation. Whether cerebral palsy is preventable is often the central question in these claims.
• Emergency room errors. These may involve a failure to provide timely and appropriate treatment. A provider may also make a misdiagnosis in the ER.

If your loved one’s death may have been caused by medical negligence, don’t hesitate to reach out. We offer confidential consultations. An Alpharetta wrongful death lawyer from our firm can help you through this difficult time and advocate for the justice your family deserves.

Who Can File a Wrongful Death Claim?

Georgia’s wrongful death laws, such as O.C.G.A. § 51-4-2, allow specific surviving family members to seek damages. However, only certain parties can bring forward a wrongful death claim based on their relationship to the deceased individual. These parties, in order of priority, include:

• The surviving spouse of the deceased individual
• The surviving children of the deceased individual
• Surviving parents of the deceased, if the individual passes away without a surviving spouse or children
• In certain situations, the official representative of the deceased’s estate

The Tolson Firm, LLC, Can Advocate for You

For over two decades, the team at The Tolson Firm, LLC, has been representing clients in wrongful death claims. We have the experience and resources necessary to pursue compensation that can ease the financial burdens of losing a loved one. We can do this by taking the following actions in your claim:

• From the moment you hire our team, we can begin gathering evidence and tangible support for your claim. This can take the form of photos and videos from the scene of the accident, surveillance footage, statements from eyewitnesses, the official police report from the accident, medical records and bills, and any employment or wage statements pertaining to the case.
• We can then file your official claim. In Georgia, there is a strict deadline for when these claims can be filed. If this deadline is missed, you can lose your chance to recover compensation. We can correctly fill out the claim paperwork, submit it by the proper deadlines, and file it through the necessary channels. The standard statute of limitations for filing a claim is generally two years from the date of death, per O.C.G.A. § 9-3-71.
• Our attorneys can enter into negotiations with the liable party, their insurance provider, and their legal teams to pursue a fair settlement amount for your wrongful death claim.
• If negotiations are not fruitful or the involved parties do not wish to cooperate, the team at The Tolson Firm, LLC, can take your claim to court. There, we can litigate your side before a judge to seek all the available compensation.

FAQs

What Is the Typical Payout for a Wrongful Death Claim?

There isn’t one typical payout for a Georgia wrongful death claim. Every case is different, and compensation is based upon the full value of the decedent’s life. You could seek to recover both your economic and intangible damages. Age, earnings, potential lifetime earnings, relationships, cause of death, and insurance can affect your recovery.

What Are the Odds of Winning a Wrongful Death Claim?

There is no one percentage that you can use to determine how likely you are to succeed in a wrongful death claim. Whether you have a case depends on the facts and evidence you have, along with whether you can prove negligence or wrongful conduct, causation, and damages. Some wrongful death cases are settled before trial. Others proceed through the litigation process. You are going to need to look at each claim individually.

What Are the Typical Grounds for a Wrongful Death Claim?

Wrongful death claims arise when someone dies due to another’s negligence, recklessness, intentional wrongdoing, or another unlawful act. Some common causes of wrongful death include:

• Car accidents
• Medical negligence
• Defective products
• Dangerous property conditions
• Certain types of accidents at work

Generally, a plaintiff must prove the defendant’s legal liability. To do so, they must show that there is a sufficient connection between the defendant’s conduct and the decedent’s death.

How Long Does the Average Wrongful Death Claim Take?

Every wrongful death claim is different, so there is no definite answer on how long the average wrongful death claim takes. If your case is relatively simple, it could be resolved more quickly. However, some cases involve: 

• Multiple defendants
• A lot of information to investigate
• Professional witnesses
• Lots of discovery
• Negotiation of a settlement
• Waiting on court dates

In these situations, it can take years, especially if either party decides to appeal.

Hire a Wrongful Death Attorney to Pursue Compensation

If your loved one passed away in a wrongful death accident, it is time to hold the liable party responsible for their actions. Through a wrongful death case, you can seek to recover the compensation and justice your family deserves.

At The Tolson Firm, LLC, we are dedicated to delivering compassionate and detailed care to every one of our clients, and we work to pursue all the compensation you are due. Contact our office today to schedule your initial consultation and hire a wrongful death attorney.

About Decatur, Georgia

Decatur is the county seat of DeKalb County and an integral part of the Atlanta metropolitan area, known for its historic courthouse square and active community.

Georgia wrongful death law (O.C.G.A. § 51-4-2) allows specific surviving family members to seek damages. The state calculates compensation based on the “full value of the life of the decedent,” which includes both economic and non-economic value. The standard statute of limitations for filing a claim is generally two years from the date of death.

The Tolson Firm – Atlanta, GA Office

2971 Flowers Rd. S
Suite 265
Atlanta, GA 30341

Call: 404-341-7271