The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy...Read more »
You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a...Read more »
I am a child to a deceased mother, who was killed due to domestic violence,, i am almost sure I will have to testify and i would like to listen and watch the trial as it proceeds. My family is saying that’s not allowed and I’m worried.
I am so sorry for your loss. I am sure this has been very difficult. Unfortunately, sequestration of witnesses is a normal practice. It is designed to illicit truthful testimony that has not been swayed by the testimony of other witnesses. Ultimately, it is up to the judge.
A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a...Read more »
I am his wife lately we're not divorced not separated anything he was living with me he got on drugs he moved in with them he died they're on drugs too by the law is it not legally my stuff to resume from them instead of hers to sell I have receipts for most of it.
Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... Read more »
That is a great question and, unfortunately, there is no exact answer. It is generally the rule of thumb that the vast majority of the funds are allocated to the wrongful death claim. The reason being is that any funds applied to the estate claim are subject to any liens which may have been...Read more »
(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish...Read more »
The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.
If the settlement is for pain and suffering, then the payment of that settlement is non-taxable. The only issue you would have as far as taxability of the funds that were then distributed to you through the estate would be if the distribution exceeded the exemption amount on the gift tax of 11.5...Read more »
They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... Read more »
Just to be sure, contact a member of the Ga. Trial Lawyers Assn but no, it is too late. There's a statute of limitations for wrongful death and related claims that is long over. Even if you had a claim as a minor, that would have expired on your 18th birthday or 2-3 years after that, depending...Read more »
The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?
How could we appeal a decision in court. The police officer was never held responsible? There was no evidence provided, and there was no justice pertaining to his death. It was a WRONGFUL DEATH that basically got overlooked . When looking up even the case information on the incident only articles... Read more »
The man was under water for ten minutes and it took someone who wasnt even a lifeguard to inform them about him.There was no lifeguard vigilant at the area he was in. once they noticed him it took 1 minute to get him out of the pool. He eventually died because of drowning
It is possible, but other facts are needed to fully explore whether somebody failed to follow proper safety rules resulting in this person's drowning. You should see an attorney knowledgeable in pool safety regulations to discuss your matter in greater detail.
A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,...Read more »
My healthy 42 yo husband died at work while in the restroom. Death certificate states: cause and manner of death are undetermined. All toxicology and other testing negative. I have no idea what happened to him at work... I was never informed that I or my daughter could be entitled to work comp... Read more »
Your estate lawyer should have suggested to you that you had that right. Likely it's passed, but why not contact a member of the Ga Trial Lawyers Assn in your county--they give free consults. Look for one that handles workers compensation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.