Get free answers to your Wrongful Death legal questions from lawyers in your area.
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 
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... View More
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!
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
Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... View More
answered on Jul 1, 2022
It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... View More
My car broke down in the road and my passengers and I got hit and 1 died
answered on Jan 12, 2022
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... View More
This is wrongful death, they caused her cardiac arrest.
answered on Sep 7, 2021
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... View More
answered on Apr 10, 2021
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... View 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.
answered on Apr 1, 2021
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.
I hope... View 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.
answered on Mar 23, 2021
Good afternoon. Could you please clarify what the issue is? Thank you in advance.
It was my mother who was murder
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answered on Feb 5, 2021
There is no such person as an "illegal." A jail is not responsible for the actions of an undocumented person who may commit crimes after their release. Same for a citizen.
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... View More
answered on Oct 5, 2020
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... View More
answered on Aug 17, 2020
(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... View 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.
answered on Aug 17, 2020
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... View More
answered on Jul 12, 2020
Yes. Please see Hall v. Bailey, 560 S.E.2d 76, 253 Ga.App. 595 (2002).
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... View More
answered on Jan 16, 2020
Georgia Bureau of Investigations
3121 Panthersville Road
DECATUR, GA 30034
Primary: (404) 244-2600
The other driver was at fault, failed to yield.
My parents were divorced and my mother did not pursue anything. I have just recently found out the details, can I do anything now ?
answered on Jan 9, 2020
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... View 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?
answered on Dec 13, 2019
Allows is the key word. You have to move/motion to seal after the case is concluded (unless the sealing was arranged during the plea) to seal the records.
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... View 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
answered on Sep 4, 2019
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.
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