Roswell Wrongful Death Lawyer

Trusted Roswell Wrongful Death Attorney

The sudden death of a loved one can be a tragic and emotionally draining experience. When that death was caused by the intentional wrongdoing or negligence of another party, it can be even more traumatic. In times like these, the last thing you probably want to do is face a lengthy court or legal battle. However, you may be entitled to compensation through a wrongful death claim. A Roswell wrongful death attorney can seek financial compensation for you and your loved ones.

At The Tolson Firm, LLC, our attorneys know that there is no amount of money in the world that will bring your loved one back to you. However, this compensation can help you and your family during your grief and healing process, as it can ease the burden of any financial hardship left to you from the loss of your loved one. In these situations, our attorneys can work to hold the liable party accountable for their actions.

If your family member has died due to negligence or other misconduct, it’s time to hire the proud Black attorneys at The Tolson Firm, LLC. In Roswell, Georgia, wrongful death claims can be filed by the surviving spouse of a victim, the victim’s children, a parent, or a representative of their estate, depending on the circumstances. These parties can trust our firm to defend your family’s right to compensation so that they can recover from their terrible loss.

How to Prove a Wrongful Death Claim in Roswell, Georgia

In Georgia, a wrongful death claim can be difficult to prove without an attorney’s legal background. At The Tolson Firm, LLC, our attorneys have the necessary experience and resources to collect evidence that can support your claim, including:

• Medical records
• Employment wage statements
• Photos or videos of the scene of the accident
• Official police reports
• Statements made by eyewitnesses

When proving a claim for liability, such as in the case of a wrongful death, your attorney must demonstrate four elements of negligence:

1. The person or entity responsible for the death owed a specific duty of care to your loved one. For example, in a car accident wrongful death claim that arose from a car accident, the negligent or reckless driver owed a duty to others on the roadway to operate their vehicle in a safe and lawful manner.
2. This responsible party breached their duty of care through an act of negligence, reckless behavior, or even intentional wrongdoing. To continue the car accident example, a driver can breach their duty of care by operating their vehicle while under the influence of drugs or alcohol.
3. This negligence, reckless behavior, or willful wrongdoing caused the death of your loved one. In a car wreck, your loved one suffered death or injuries which lead to their death because of the negligent driver’s drunk or drugged driving.
4. Your loved one’s death then resulted in you and your family suffering certain damages. For example, if you lost a loved one in a car crash, these damages may include the medical expenses from trying to save your loved one’s life, transportation to the hospital, and any surgery that was attempted to prevent their death.

There are several parties who may be held liable in a wrongful death claim in Georgia, depending on the exact nature and circumstances in which the death came about. The most common parties held liable in a wrongful death claim include:

• Negligent or reckless drivers
• Commercial truck drivers
• The employers of commercial truck drivers
• The designers or manufacturers of certain defective products
• Animal owners
• Medical staff, such as doctors or nurses
• Hospital systems
• Nursing homes and staff members
• The actual driver of a vehicle, if the deceased individual was a passenger
• Property owners or managers
• Certain local or state municipalities
• Contractors or subcontractors

An attorney from The Tolson Firm, LLC, can:

• Review the details of your loved one’s death.
• Determine which parties can be held liable for their
• Seek financial recovery from these parties through a wrongful death claim.

Common Types of Wrongful Death

A wrongful death can occur in many ways. The most common causes of wrongful death seen in Roswell, Georgia, include the following:

• Car accidents. Car accidents are one of the most common causes of wrongful death in Georgia, with the state seeing 1,422 traffic fatalities in 2024. These accidents commonly arise due to reckless driving, speeding, violating traffic laws, distracted driving, and driving under the influence of drugs or alcohol.
• Commercial trucking accidents. Due to their sheer size and mass, commercial trucks can pose a dangerous threat to other drivers on roadways. When truck drivers operate their vehicles while fatigued, exhibiting reckless or distracted driving behaviors, under the influence of drugs and alcohol, or with an overloaded trailer or improperly loaded cargo, horrific accidents can occur, resulting in fatalities.
• Motorcycle accidents. Motorcycles offer a thrilling way to explore the state of Georgia. However, due to their lack of protection for riders, devastating injuries and fatalities can occur when an accident involves these vehicles. The most common reasons for motorcycle accidents include distracted or reckless driving and other drivers operating their vehicles under the influence of drugs or alcohol.
• Pedestrian and bicycle accidents. When a pedestrian or bicycle rider is struck by another vehicle in Georgia, fatalities often occur. In 2023, there were 310 pedestrian fatalities and 23 cyclist deaths in the state. The most common reasons for these accidents are distracted or reckless drivers. If you have lost a loved one in a bicycle or pedestrian accident, The Tolson Firm, LLC, can pursue compensation for your loss.
• Medical malpractice. At some point in life, many individuals will need to seek medical attention. When you do so, you are placing your trust in the doctors, nurses, and hospital systems you go to. When this trust is betrayed, a fatality can occur. The most common cases of medical malpractice involve surgical errors, birth injuries, medication or anesthesia errors, and failure to diagnose or treat a medical condition.
• Nursing home negligence. It is common for elderly loved ones to move into nursing homes or other long-term care facilities. In unfortunate situations, these facilities may provide negligent care, and elderly loved ones may suffer abuse from the facility’s staff or caretakers. Common forms of nursing home negligence can include the improper use of medication and physical restraints, resulting in infections, illness, injury, and death.
• Premises liability. Suppose a loved one visits a property owned by another party in a lawful manner. They then suffer an injury and subsequent death from a hazard on that property. When that happens, you and your family members may hold the property owner or manager accountable for this loss of life. The most common cause of premises liability wrongful death claims is slip-and-fall accidents.
• Defective products. Sometimes, a product is placed on the consumer market without adequate safety testing. In other cases, safety tests have been ignored by a manufacturer or designer. In these situations, the manufacturer or designer can be held liable when the product results in fatality for consumers. The most common products involved in these kinds of wrongful death claims include furniture, medication, food, beverages, electronics, and vehicle components.

Regardless of how the death of your loved one came about, if it was caused by the negligence or reckless behavior of another party, the attorneys at The Tolson Firm, LLC, can represent your interests. Let us review your case, collect the necessary evidence to support your claim, and assist in filing the official claim paperwork.

We can then enter into negotiations with the liable party, their insurance companies, and their legal team to pursue the compensation you deserve.

Common Damages in Roswell, GA, Wrongful Death Claims

Several forms of damages, or losses, may be sustained by you and your family members after the death of a loved one. These can include:

• Medical expenses
• Lost wages or employment benefits
• Funeral costs
• Burial expenses
• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of companionship
• Loss of care
• Loss of consortium

Punitive damages in Roswell, Georgia could also be awarded to punish the liable party and dissuade them from taking similar actions in the future.

The Tolson Firm, LLC, can review the details of your case. Then, we can determine which kinds of damages may be available to you. This also allows us to estimate the overall value of your claim.

The Process for Filing a Wrongful Death Claim

The process for filing a wrongful death claim usually begins with identifying which party has the legal right to bring the case. In Georgia, that may be the surviving spouse, children, parents, or the personal representative of the estate. A Roswell wrongful death lawyer can review the relationship, estate status, and facts of the death before filing the claim.

The next step is investigating what happened. This may include collecting:

• Accident reports
• Medical records
• Witness statements
• Workplace records
• Product information
• Photos
• Videos
• Professional testimony

Your attorney can then identify the parties who may be responsible, such as a driver, property owner, employer, manufacturer, or medical provider.

Before a case is filed, your attorney may send settlement demands and begin negotiations with insurance companies or the at-fault party directly. If these discussions fail, the case may move to the Fulton County Superior Court. Under Georgia’s wrongful death laws, the statute of limitations for filing a claim is two years from the date of death.

Because evidence can disappear quickly, families shouldn’t wait until the deadline is closing in. An experienced attorney can meet the deadline for filing and collect key evidence to support your case.

FAQs

What Is the Average Payout in a Wrongful Death Case?

It’s impossible to say what the average payout is for a wrongful death case. First, many of these awards are private settlements, so there’s no way to tell what the value of the cases was. Second, the payout varies so greatly from one case to another that it isn’t useful for surviving family members to know the average. Rather, you should pursue a settlement amount that reflects the value of your losses.

How Long Do Wrongful Death Claims Usually Take?

How long wrongful death claims usually take depends on the following:

• Complexity of the case
• Strength of your evidence
• Schedule of the courts

Wrongful death cases are typically more complex than other personal injury claims, so they often take more time to resolve. Similarly, when you have strong evidence of liability and your losses, the case may conclude faster. If settlement negotiations fail, the timeline of your case will depend, in part, on the court’s schedule.

Can a Wrongful Death Case Settle Without Going to Court?

Yes, wrongful death cases can settle without going to court. This is how the majority of these cases resolve. Parties can negotiate on their own, go through mediation, or pursue other alternative resolution methods. A settlement can spare families the time, stress, and uncertainty of a court case, but the amount should still properly reflect their losses. A Roswell wrongful death lawyer can negotiate from a position of strength and pursue litigation in court if necessary.

Do I Need to Hire a Wrongful Death Attorney?

You do not legally need to hire a wrongful death attorney, but going without one could be a huge mistake. These cases require specific evidence and knowledge of particular state laws. Furthermore, a wrongful death claim often involves insurance companies’ legal teams, medical records, expert testimony, and strict filing deadlines. An attorney can handle all the complexities of a case while you focus on grieving your lost loved one.

If You Lost a Family Member Due to Negligence, Hire a Wrongful Death Attorney Today

At The Tolson Firm, LLC, our wrongful death attorneys have the experience and resources necessary to represent you and your loved ones in a wrongful death claim. We can pursue the compensation and justice you deserve.

Now is not the time to delay. Instead, reach out to our office today to schedule your initial consultation and learn more about how we might be of service to you. At this time, it is important to remember that you are not alone.

The Tolson Firm – Atlanta, GA Office

2971 Flowers Rd. S
Suite 265
Atlanta, GA 30341

Call: 404-341-7271