Wrongful Death Lawyer Helps Families Seek Justice When They Lose a Loved One Due to Someone Else’s Actions

Compassionate and aggressive advocacy for the families of wrongful death victims
Wrongful death cases pertain to the loss of a loved one due to the negligent or willful act of another, including criminal behavior. Wrongful death lawyer C. Alan Nicholson in Marietta has nearly 30 years of experience providing steadfast legal support to families in these emotionally charged lawsuits. Nicholson Phillips helps family members recover Georgia wrongful death damages and other compensation for the senseless loss of their loved one.

Understanding Georgia wrongful death law
No amount of money can truly compensate families for the loss of a loved one, but Nicholson Phillips can help them move forward when they lose loved ones in fatal construction and workplace accidents and fatal car and truck accidents. We also handle cases involving medical malpractice fatalities. Our firm is often able to obtain compensation in a settlement or by verdict for death and burial expenses and emotional pain and suffering.

We help you and your family navigate the complex Georgia wrongful death statutes and laws by addressing the following issues:

Eligibility for filing a claim — Georgia law permits parties closest to the decedent to pursue wrongful death benefits, based on a hierarchy. The surviving spouse has primary rights to compensation but must share benefits equally with all children surviving the decedent. Surviving children can pursue benefits when no surviving spouse exists, followed by the parents of the decedent. In the event that none of these parties exists, the law permits the administrator of the estate to pursue benefits for anyone else who is next of kin.
Types of damages — Qualified survivors can pursue claims representing the full financial value of the life of a decedent. This includes the income anticipated over a lifetime. The court also considers the remaining family members’ diminished quality of life. Additionally, the estate administrator can pursue compensation for medical and funeral expenses and the pain and suffering experienced by the victim because of the injuries.
Time limits for filing claims — Georgia law provides varying statutes of limitations based on many circumstances. Deadlines typically range from one year to eight or more years. North Georgia individuals who believe they may have a valid claim should enlist the advice of an experienced wrongful death attorney as soon as possible to pursue the benefits they deserve before the statute of limitations runs out.

Attorney Represents Families Who’ve Lost a Loved One in a Fatal Construction or Worksite Accident

Representing victims of occupational fatalities in Cobb County and Paulding, Cherokee, Pickens, Gilmer and Fannin Counties
At Nicholson Phillips in Marietta, we are compassionate advocates for victims of fatal work accidents, and their families. It is never easy to lose a loved one. But when a family member is taken from you too early because an unsafe environment led to a fatal construction accident or other workplace incident, the loss is even more tragic. You may be left wondering if the accident could have been prevented and, more importantly, who is responsible. When you need a trustworthy attorney to represent you in a wrongful death claim, we can help you obtain compensation for death and burial costs, loss of family income, medical bills, and emotional pain and suffering, such as loss of companionship and diminished quality of life.

Statistics about fatal work accidents
Every year, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics, compiles, analyzes and releases data about workplace fatalities and injuries by state and nationally to monitor and increase workplace safety and health standards.

The most recent report available, from 2011, includes the following data:

National workplace fatalities

In 2011, there were 4,609 workplace fatalities in total, 721 of which were due to fatal construction accidents. Among all 15 measured industry sectors, only the transportation and warehousing sector resulted in more fatalities. The average rate of occupational fatality in 2011 was 3.5 among all industry sectors, meaning that for every 100,000 full-time equivalent employees, 3.5 were killed in fatal work accidents. But the fatality rate in the construction industry in 2011 was 8.9 — well above the total average and the fourth-highest fatality rate among all industries, trailing only behind agriculture, forestry, fishing and hunting (24.4), mining (15.8), and transportation and warehousing (15.0).

Workplace fatalities

Of 107 Georgia workplace fatalities in 2011, 23 (or about 21.5 percent) were due to construction accidents. Of these, 10 were caused by falls, slips and trips, five were caused by exposure to harmful substances and environments, and four were caused by contact with objects and equipment.

Obtaining compensation
When you lose a family member in a fatal work accident in Marietta or elsewhere in northern Georgia, you may be able to obtain certain benefits via workers’ compensation, particularly if your loved one worked in construction. However, if you suspect that the workplace accident that killed your loved one occurred due to lack of safety compliance, gross negligence or intentional wrongdoing, it is best to consult with an attorney regarding your options for litigation. A settlement or verdict may provide you with additional compensation.

Experienced Lawyer Helps Your Family When Medical Negligence Leads to the Death of Your Loved One

Handling medical malpractice fatality cases 
When we rely on medical professionals and entities, such as physicians, surgeons, nurses, hospitals and clinics, to care for our loved ones, we never expect that a negligent misstep could mean the difference between life and death. Every year, thousands of untimely deaths occur as a result of medical malpractice, often leaving the victims’ families with significant medical costs and extreme, sudden grief. At Nicholson Phillips in northern Georgia, we represent clients who have lost loved ones due to medical negligence or malpractice. With our help, you can obtain rightful coverage for medical, burial and funeral costs, loss of family income and emotional anguish, including the loss of companionship, diminished quality of life and other pain and suffering resulting from your loved one’s death.

When medical malpractice has fatal consequences
For nearly 30 years, skilled lawyer C. Alan Nicholson and his team have advocated for victims and their families. Nicholson Phillips understands how medical negligence occurs, how to identify it and how to prove it in court. If the doctor, surgeon, nurse, pharmacist or anesthesiologist you trusted to treat your loved one failed to meet the standard of care, or if you believe mismanagement of a hospital, nursing center or other facility caused the death of your family member, a medical malpractice attorney from our firm can help you initiate wrongful death litigation. We’ve helped clients throughout northern Georgia with fatal medical malpractice cases due to the following types of negligence:

  • Misdiagnosis, delayed diagnosis or failure to diagnose
  • Surgical errors
  • Medication errors, including prescribing the wrong drug or the wrong amount of a drug and prescribing a drug that caused a fatal interaction
  • Anesthesia mistakes, including administering too much or too little anesthesia and failing to monitor a patient under anesthesia
  • Use of defective medical devices, particularly if the device has been recalled or is known to be defective
  • Emergency room mistakes
  • Mistakes during childbirth leading to the death of the infant or mother

In Georgia, you may have legal standing to file a lawsuit if you are the deceased’s surviving spouse, child, parent or other designated next of kin. Consult our law firm if you are located in Cobb County or elsewhere in northern Georgia and are unsure of your status.