Lawyers, Answer Questions  & Get Points Log In
Georgia Wrongful Death Questions & Answers
3 Answers | Asked in DUI / DWI, Car Accidents and Wrongful Death for Georgia on
Q: My brother in law was a pedestrian hit and killed by drunk driver last month. The man was charged with veh. Homic.

Why would the the wrecker tow the vehicle to the man's yard instead of inpounding the vehicle. Why did the police wait 9 hour before notifying my mother in law. And how on earth does a person charged with dui and homicide by vehicle get only a $1500 bond

Robbie Levin
Robbie Levin answered on Mar 23, 2018

Very sorry to hear about your brother-in-law. You should speak to an attorney right away.

For more info visit my website at www.LevinLawyerGa.com

View More Answers

1 Answer | Asked in Wrongful Death and Probate for Georgia on
Q: My brother was killed in a house fire am I and our mother entitled to a claim or jus his two children alone

When his girlfriend went to the light company for Service they told her the house needed to be inspected before services could be provided but the landlord had already tooken their money and wouldn't give it back to them when they asked.We found out later that the landlord had put full... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 14, 2018

In Georgia, if there is a wrongful death of an individual who is married, the spouse is the one who must bring the claim. If the deceased person was not married at the time of his death, and he has children, then the children own the claim. If the children are minors and their remaining parent is... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Georgia on
Q: Our GA auto insurance is getting ridiculously high and we want to lower the bodily injury limits from 250,000/500,000.

If we do that, we lose our $1,000,000 umbrella coverage. If we then have an at fault accident and someone dies, and they sue us, can they take our house and IRA investments?

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

Unlikely but that's why you have insurance--to minimize risk. However look first at the policy. Would reducing it make that big a difference? Per month? I ask because the biggest hit is for zero to 25.

1 Answer | Asked in Personal Injury and Wrongful Death for Georgia on
Q: Hello, What is the proper venue statue code to file a claim when there are multiple defendants located throughout GA?

Also, would I say "Defendants are subject to the jurisdiction of this Court pursuant to O.C.G.A $ 9-11-26(b)(1) (Discoverability of Statement/Claims files) in the Claimant statement?

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2017

Talk to a member of the Ga. Trial Lawyers Assn--they give free consults. If one turns you down, speak with another. It may be you don't have a case that can be proven and before you go through a lot of money, time, and frustration you need to hear from an attorney what they think.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Wrongful Death for Georgia on
Q: If a person dies from a car wreck & found a drug pipe in car would they be sent for an autopsy in Georgia

I have a lot of details of recorded calls w officers DA office telling just flat out lies & so much more to have been warned by a public defender worker to watch my back cause of wht i have bout the county police & the wreck that killed my daughter

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Talk to a member of the Ga. Trial Lawyers Assn that handles death cases. Understand that they can only prove what the law will accept as proof--the burden is on your side to prove what is, the other side can just sit back and say it wasn't proven.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: What would be the penalty for stealing a dog because the owner was threatening to have him euthanized for no reason.

I really want to know if there would be jail time included or what the fines could look like if any. Its not for dog fighting. Im just trying to get this dog out of a bad situation and the owner refuses to let me have him. The dog and owner live in Locust Grove Georgia but I live in Milner Georgia... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

It's theft so if they want to have the police find you then you are looking at a criminal charge. My advice: let the humane society know and let them handle it. If it is abuse they can step in. If not, you need to back away.

1 Answer | Asked in Family Law and Wrongful Death for Georgia on
Q: Can a parent who has lost their rights (age 8) get part of an insurance settlement after accidental death (17)?

My nephew (17) was killed in a car accident back in June. His mom had lost parental rights (because of physical abuse) when he was 8. My brother's 2nd wife adopted him when he was 10. Unfortunately, my ex sister-in-law (2nd wife) accused my brother of raping her daughters (that he had adopted)... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

It sounds like your mom has an attorney and she should be guided by what the attorney says. A termination of parental rights does not mean the parent is suddenly no longer a parent.It will get highly technical and hopefully they will get something out of it.

2 Answers | Asked in Wrongful Death for Georgia on
Q: In wrongful death settlement, if neice was the ONLY heir to the will, who receives money? There r 4 surviving sisters.
Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

It depends on the nature of the claims of the sisters--whether Georgia recognizes their claims as independent of the dictates of the will. If you are a family member you should consult a member of the Ga.Trial Lawyers Assn--they give free consults.

View More Answers

1 Answer | Asked in Contracts, Wrongful Death and Workers' Compensation for Georgia on
Q: If I have a pending disability case, is it illegal for my my job to deny me workers compensation. When I got injured ?

I am hurting still

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

Not sure why you think it would be so. To get either you have to show you can't work. For Comp you have to show the injury is from work. For disabilty the reason doesn't matter but you may have to be unable to do any work not just your old job.If you don't have a lawyer at least get... Read more »

3 Answers | Asked in Estate Planning, Car Accidents and Wrongful Death for Georgia on
Q: My dad died last year from injuries resulting from a car accident. Who can be included in the estate for the law suit?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 27, 2017

If it is a wrongful death claim (I don't know from the facts you give) then your father's spouse will bring the claim, but she must divide the money with all the children. If it is a personal injury claim, then the money goes into your Dad's estate for distribution in accordance with... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Wrongful Death for Georgia on
Q: Can spouse of my Mother be accountable for wrongful death due to negligence?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 20, 2017

If you are asking whether your mother's spouse can be liable to you for the wrongful death of your mother, the answer is it depends. If they were in a car accident with the spouse driving and your mother was killed and the accident was the spouse's fault, then yes the spouse can be... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: I took my 3 month puppy to a man that does ear cropping he gave him 2 extra milligrams of Anastasia he never woke up

He weighed 28 pounds his sister weighed 30 but the sister only got her ears cropped the male was going to get his ears and tail done but he gave him the same amount of the sister to The male because of the tail I have my bill of sale for the dog could I take him to court for this I'm really... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

You could, but he only owes you the cost of what he did and the "market value" of a dog of that breed and age.

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Georgia on
Q: Can you sew someone on something that happened 10 years ago after the settlement?

Someone killed my daughter in a car accident 10 years ago and at the time the last thing I was worried about was money. They paid for her tomb stone and nothing more. Things haven't been the same since. She didn't even go to jail.

William C. Head
William C. Head answered on Aug 20, 2017

The statute of limitations, generally, is 2 years. Some entities, like State agencies or county or city government agencies, must be given a notice called ante litem notice.

Had you contacted a personal injury lawyer, back within that time frame, you possibly had a claim.

1 Answer | Asked in Wrongful Death for Georgia on
Q: My dad died from an experimental drug that was not FDA approved, can I sue?

My dad passed away when I was 12 in 2008 from organ failure and MRSA, but he also had testicular cancer (95% treatable ). The doctor first gave him the wrong chemotherapy which killed his white blood cells and not only that, gave it to him while he had staff. When his condition worsened from his... Read more »

William C. Head
William C. Head answered on Aug 4, 2017

Unless this defective medication issue was just discovered, you have waited too late.

An expert on pharmaceutical malpractice can be found at this web site. He has a national practice.

Tell him you were referred by William Head of Atlanta. 323-656-2499. Brian Witzer.

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: If an individiual takes your animal to be fixed. And then has them put down without owner consent.

Vet saw an issue and she wouldn't have lived much longer but we never had a chance to say goodbye, got the remains, or were even notified before it occurred. What are my options at this point?

William C. Head
William C. Head answered on Aug 4, 2017

This is not a wrongful death case. That pertains to persons, and from some accident or negligent act of another.

View More Answers

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Q: I have medical records documenting a fractured arm when my dad was transported by ambulance to the hospital.

My dad was transported from his brother's house to a hospital about 30 minutes away instead of a local hospital that was about 7 minutes away. The medical records states that my dad's arm was fractured at least 20 days prior to an ambulance being called. My dad was not properly cared for... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 30, 2017

Your question presupposes lots of things that may not be facts, but just conjecture. If your father has been abused by anyone, he has a claim against thst person. You do not.

View More Answers

1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

My dad died 2/20/16 shoulder or arm was fractured in 3 places. When transported to first hospital x-ray was done and see there was a fracture that was about 20 days old. My uncle and his son states that they don't know how it was fractured. After the first hospital told my uncle that it... Read more »

William C. Head
William C. Head answered on Jul 30, 2017

You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Georgia on
Q: Can I sue an animal hosp.if they didnt follow protocol with a preg.dog that was "DOA" and I told them to save the pups?

I did CPR on her all the way there. They did CPR 5 minutes then told me she was dead, did I want them to take out the babies? I said they should have been out by now. They took babies out and ONLY did compressions on them. No shot or drops to jump start their hearts according to other vets... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

You can only get the market value of the pups if you can prove they would have survived had the hospital used extreme measures--which requires expert testimony that will cost you more than the market value of the dogs. Sorry, but time to let go of this one.

1 Answer | Asked in Car Accidents, Wrongful Death, Products Liability and Civil Litigation for Georgia on
Q: Can you sue a vehicle manufacturer if you hit the back of a vehicle that had a gas tank recall on it?

Can you sue a vehicle manufacturer if you hit the back of a vehicle that had a gas tank recall on it? Which resulted in a death and you were unaware of the defect at the time you plead guilty and are now serving time in prison and then a civil suit took place where the family sued the company and... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2017

You can't. But talk to your attorney to see if that jury verdict can be used to lighten your sentence or otherwise.

Do not respond to this, and don't discuss more on social media.

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for Georgia on
Q: Can I file a nursing home case if my mother has POA of my fathers affairs? I have found serious neglect.

My father has been in a nursing home in Atlanta for Alzheimers and the family was called on yesterday because he has had a fever over 100 degrees for a couple of days now and they felt that he was transitioning. I went on yesterday and I found him in very bad shape. He was very very thin and his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2016

Contact a member of the Ga. Trial Lawyers Assn. They give free consultations. Look for one that handles nursing home issues.

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.