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Georgia Wrongful Death Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on
Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

What is the Georgia law about a person being suicidal. I have been told that we in Ems in Georgia cannot force a suicidal patient to be transported to hospital for evaluation.

David Edward Boyle
David Edward Boyle
answered on Nov 2, 2018

A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

2 Answers | Asked in Criminal Law, Personal Injury, Products Liability and Wrongful Death for Georgia on
Q: If the DA decides to take the Case of my Late Mom's and me; would I still need a Medical Malpractice Attorney?

My Mom suffered through year's of multiples Doctor's induced illnesses/injuries that resulted in her Death. She was systematically medically murdered. Motive Medical Exploitation for False Claims Act and Retaliations, and Doctors covering for doctors against my Elderly Mother, Minnie L... View More

David Edward Boyle
David Edward Boyle
answered on Oct 25, 2018

You need a personal injury attorney to represent your mother's estate to sue the medical provider.

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2 Answers | Asked in Family Law and Wrongful Death for Georgia on
Q: Can A person on parole with a conviction of cruelty to children be allowed to be alone w/ a child?
Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2018

Possibly. It depends on the circumstances. Every family law case is different.

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1 Answer | Asked in Wrongful Death for Georgia on
Q: I currently filed a wrongful death suit is the non custodial parent that's not legitimized entitled to any money?
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 31, 2018

This is a very fact specific question. In some cases, the father can make a claim for the wrongful death of the child. It depends on the child's age at death and the noncustodial parent's involvement with the child.

1 Answer | Asked in Wrongful Death for Georgia on
Q: If a loved one was killed in a training accident while preparing to deploy, can I sue the army?

We are told he was killed when an M4 misfired which is a known army issue and proper procedures were not followed.

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2018

The troop's immediate family may have a claim; fiancee's, other relatives no. The claim is made by the estate.The possible defendant's would be the manufacturers. They are very difficult cases. You also have to give notice under the Federal Tort Claims Act. You/the family would want... View More

1 Answer | Asked in Wrongful Death for Georgia on
Q: Can a non custodial parent that has never legitimize a child file a wrongful death suit on the child?

I am the primary custodial parent. I was never married to the father. The father never legitimized our son. Can the father file a wrongful death lawsuit on our child or is he entitled to any of the settlement. He has never paid any child support.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Aug 9, 2018

This is a very difficult question to answer. The best answer is that a judge should decide whether the father is entitled to any money. That protects you from an adverse situation if cut the father out and he later sues you and wins.

2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on
Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

multiple myeloma cancer its consider as a occupational disease what type of lawyer to get to file a claim

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 19, 2018

You probably need a personal injury lawyer or a lawyer specializing in insurance law.

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1 Answer | Asked in Personal Injury and Wrongful Death for Georgia on
Q: Is my family's situation worth seeking a lawyer

My relative was hit by a train not at a crossing. This was after being involved in a car accident where he was disoriented officials report which made him walk along the train tracks.

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2018

Very often the incident report will have wrong information in it. You will need someone to address this inaccuracy otherwise the insurance company will use it against you.

It is VITAL that your family get in contact with an experienced attorney who can guide you through this difficult process.

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Georgia on
Q: Our assets are in an LLP. Purchases require both signatures. If he buys outside of the LLP, can the LLP be held libel.

Husband has Parkinsons. He wants an RV, but I refused to cut a check from the LLP. He has managed to borrow on two credit cards that are in his name. This is outside of the LLP and without my endorsement. Is the LLP libel for any wrecks or nonpayments that he may incur?

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

You need to consult the lawyer that drew up the llp (hopefully not drawn up by an online site), consult an elderlaw attorney. I'd also suggest a family therapist because just erecting walls won't help your relationship.

2 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

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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... View More

Robert W. Hughes Jr.
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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... View 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... View 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)... View 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.

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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... View 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.
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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... View More

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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.
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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... View More

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