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Georgia Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

James L. Arrasmith
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answered on Apr 14, 2024

I'm sorry to hear about the loss of your mother and the difficulties you're facing with the wrongful death settlement. It sounds like a challenging and emotionally taxing situation. Here are some steps you can consider taking to help resolve this issue and obtain the funds you are... View More

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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

Anthony Matthews
Anthony Matthews
answered on Apr 15, 2024

In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

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1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

3 Answers | Asked in Wrongful Death for Georgia on
Q: My mother was hit and killed by a vehicle that was racing with another vehicle. What lawsuits can I file?

The vehicle was racing another vehicle. The police report says the area was not well lit but it was on a main road in Florissant Missouri. She was attempting to cross the street from her apartment complex. The person that hit her is out on bail and his vehicle was insured under his mother's... View More

James L. Arrasmith
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answered on Feb 23, 2024

Firstly, you may have grounds to file a wrongful death lawsuit against the individual who was racing and ultimately struck your mother. Given that the accident resulted in her death, you, as her only child, may have legal standing to pursue this claim. The lawsuit would seek compensation for... View More

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2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

James L. Arrasmith
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answered on Jan 8, 2024

Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.

Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust...
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1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What is a blind plea?

Indictment reduced from felony murder to involuntary manslaughter.

Glenn T. Stern
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answered on Nov 3, 2023

A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: can my stepmother be held reliable for not giving my father the medication "blood thinners" that prescribed to him?

My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Aug 5, 2023

First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Is this a medical malpractice case?

My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she... View More

Kimberly Grant
Kimberly Grant
answered on May 11, 2023

Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.

We are currently...
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1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Wrongful Death for Georgia on
Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate

the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Apr 20, 2023

Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... View More

1 Answer | Asked in Personal Injury, Probate and Wrongful Death for Georgia on
Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also

Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will

Seth Meyerson
Seth Meyerson
answered on Mar 16, 2023

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died...
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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 2, 2023

Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... View More

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1 Answer | Asked in Wrongful Death for Georgia on
Q: How can this be changed? This is saying that it is ok for a Medical Personnel to make a mistake even if it causes death

2010 Georgia Code

TITLE 51 - TORTS

CHAPTER 1 - GENERAL PROVISIONS

§ 51-1-29.5 - Definitions; limitation on health care liability claim to gross negligence in emergency medical care; factors for jury consideration

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

A Georgia attorney could advise best, but your question remains open for four weeks. You could reach out to your elected officials. However, many jurisdictions impose lower standards of care where emergency services are involved. Good luck

1 Answer | Asked in Personal Injury, Traffic Tickets, Gov & Administrative Law and Wrongful Death for Georgia on
Q: If unsanctioned signs on the dot right of way are blocking my view of traffic, who is liable?
Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. It could depend on the nature of the signs and extent of obstruction of visibility they created, and who exercised control over the site. Additional details would be useful to enable a more detailed analysis. Good luck

1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Georgia on
Q: 16month old child drowns in bathtub while mom who is actively cooperating with a drug investigation not charged

Multiple drugs were photographed in plain site.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 23, 2024

Any time a child dies, it's tragic. Certainly, there may be a civil case (personal injury case) of some sort here, but it's hard to tell based on these facts alone. For the parent(s) or guardian of the child, a civil suit is something you could discuss with an experienced attorney. I... View More

1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Georgia on
Q: Dad died at hospital, I feel there was negligence. Is this is a case?

My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 5, 2023

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... View More

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death.

I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death. The night before he passed the paramedics were called to drive him to the hospital, but they refused to take him stating that he was “too heavy to put on the stretcher” regardless of... View More

Kimberly Grant
Kimberly Grant
answered on Sep 22, 2022

I am sorry for your loss.

If your father was not married, then you and any other biological children of your father would be the correct parties to file a medical malpractice wrongful death lawsuit. Such a lawsuit must be filed within 2 years of your father's death (though it is...
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1 Answer | Asked in Wrongful Death for Georgia on
Q: Is suing for wrongful death the same as suing for negligence?

My grandmother recently passed away and we wanted to sue for wrongful death but on the legal papers it says negligence. Are they the same thing? Also can you tell me what Ga code or Ga law you got your answer from?

This is also from nursing home abuse!

You are greatly appreciated!

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2022

A Georgia attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your grandmother. The two terms are not exactly the same thing, but they are related in the context of your question. A wrongful death lawsuit could be based on negligence. In other... View More

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